The High Court · 2025

This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower court and the materiar pipers in the case and upon hearing the arguments of sri Kiran Reddy lvlalrarapu, Advocate for the Appellant and of sri A Ramakrishna Reddy Advocate for the iespondent No.3 and sri P Phalguna Rao, Advocate for the Respondent No.2 and none appeared for the respondent No.1 & 4. This Court doth Order and Decree as follows:

1. That the Motor Accident civil Miscellaneous Appear be and hereby is aflowed: 2. That it is just and reasonable to direct the respondent No.3/rnsurance Company to pay the compensation amount along with interest within one month from the date of this order to the appellanUclaimant, who sustained crush injury lo an extent of 65% and respondent No.3/lnsurance Company ii at liberty to recovery the same from the owner of the crime vehicle i e, respondent I'1o.2, but the owner of the vehicle died and her LR's are brought on record, as such respondent No.3/lnsurance Company is at liberty to recover the s;ame from the LR's of respondent No.2 i.e., respondent No 4. On such deposit, appellanUclaimant herein is permitted to withdraw the said amount alonq; with interest accrued on it.

3. That there shall be no order as to costs in this appeal //TRUE COPY// SD/- L LAKSHMI BABU, NT REGISTRAR. SECTION OFFICER To, AD

1. The Chairmzrn, lt4otor Accident Claims Tribunal-cum- I Additional District Judge at Khammam

2. Two CD Copries d ir*- a' HIGH COURT DATED:2410112025 DECREE MACMA.No,106 ot 2014 ALLOWING THE MACMA WITHOUT COSTS L /./,''. - t' ! ,l "1) Ir ') '1h $ $s ,,| *.'l "i,, i .-' ;t [ 320e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MI SCELLANEOUS APPEAL NO: '106 OF 2014 Appeal filed Under Section 173 of lVlotor Vehicles Act,19gg against the Order and decree in M.v.o.P.No.1 14o ot 2002 dated.23.1o.2013 on the file of the court of the chairman, Motor Accident claims Tribunal-cum- I Additional District Judge at Khammam- Between: lvladakam Mallaiah, S/o Lingaiah, Occ: Sates l\4an Fair price Shop, R/o Charla village and Mandal, Khammam district. ... Claim petitioner/Appellant AND 1 . Peddi Venkateswarlu S/o Rama Rao, Occ: Driver of Jeep bearing No. Ap GT 2682, . No Devarpally village, Cherla Mandal, Khammam district]

2. T.Pothu Raju (Died), - 3- M/s United India Insurance Company Ltd., Rep. by its Divisional Manager, Kothagudem, Khammam district.

4. Thamma Saraswathi, W/o late pothu Raju, Age Major, occu Housewife, Rt/o Bhadrachalam, Khammam. ...Respondents/Respondents Counsel for the Appellant:Sri Kiran Reddy Mallarapu Gounsel for the Respondent No.3 : Sri A Ramakrishna Reddy Counsel for the Respondent No.2 : Sri P Phalguna Rao The Court delivered the following: Judgment THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No. 1O6 of 2O14 JUDGMENT': Both the counsel present

2. This zrppeal is filed against the Order and Decree dated

23.7O.2O l3 in M.V.O.P.No.1140 of 2003, passed by the lcarr-red Motor Acciclcnts Claims Tribun.rl, I Additional t)istrict.iudge, Khammam.

3. AppellanL/ Claimant has liicd this appeal against the order of the trial Court to the extcnt that it has eot mado the respondent No.3/lnsurance Cornpany liable lor rhc pal,mcnt of compensilti,rn and mainly conLendecl that the driver of the crime vehicle i.(r., respondenl No.1 had r.alid driving li<:r:nse as on the date ol incident, but the respondent No-3/[nsur-ance Company staled thL:rt the drivc r/ r<: spondcn t No.I had nci valicl driving license and he got. onl1, non tr.rn sport driving hcense and it amounts to violation of policy. Therefore, requested this Court to direct the respondent No.3/lnsurance Comperny to pay the compensaticn amount and to [ccover tbe same from the respondent No. 2 / ou,ner. I I ! I 2 4 Considering the said facr., rhis Court hnds that it rs just and reasonable to direct the respondent No.3/Insurance company to pay the compensation amount along with interest within one month from the date of this order l-o the appcllar-rt/ claimant, u,ho susLained crush inj uty to an extcnt of 65% and responclent No.3/lnsurance Company rs at liberty to recovcry the same from thc owner of the crime vehicle i.e., respondent No.2, but Lhe orvner of the vchiclc dicd and her I-R,s are brought on rccord, as such rcsponclent No.3/Insurance Company is at liberty to recover the samc from the I.R,s of respondent No.2 i.e., respondcnt No.4. On such deposit, appellant/claimant hercin is pcrn-riltecl to withdrarv the said amount along rvir h int(,rcsl accrucd on it.

5. In Lhc rcsulL, this appcal is allowed. There shall be no order as to costs. Miscellaneous petiLions pending, if any, shall stand closed. I I I I r To, //TRUE COPY// /- L LAKSHMI BABU NT REGISTRAR. S SECTION OFFICER Judge at Khammam(With records)

1. The chairman, Motor Accident claims Tribunal-cum- r Additional District 2. One CC to SRI KIRAN REDDY MALLARAPU, Advocate tOpUCl 3. One CC to SRI P PHALGUNA RAO, Advocate tOpUCI 4. One CC to SRI P PHALGUNA RAO, Advocate tOpUCI 5. Two CD Copies (} K HIGH COURT DATED:2410112025 a JUDGMENT '.,' ( \C, /t". 'i. i: L, \-. .t MACMA.No.106 of 2014 s \ 4l,.A , ..:. ;i \ \., -- i' ',..-a \.1''--) r.,,rr,l tt.. . \:-:' :,.- . ' ALLOWING THE MACMA WITHOUT COSTS t i i I I i I I .