✦ High Court of India · 17 Oct 2025

The High Court · 2025

Case Details High Court of India · 17 Oct 2025
Court
High Court of India
Decided
17 Oct 2025
Length
1,916 words

5. M/s. Holy Trinity Junior College, Rep.by Sri Manohar Reddy, Owner of lorry AP 15 W 8500, Rl/o. H. No.3-1-33, Tukka Rao Complex, Ambedkar Road, Karimnagar Town and District.

6. The New lndia Assurance Company Lrmited, Rep.by its Branch Manager, Station Road, Peddapally Brnach . Karimnagar. Dist (Respordent No.S and 6 are not necessary party to this petition) ...RESPONDENTS/RESPONDENTS t.A. NO: 20F 2008{MACMAMP. NO: 5563 OF 2008) Petition under Section 151 CPC praying that in the r;i cumstances stated in the affidavit filed in support of the petition, the High Court rrry be pteased stay of all further proceedings including the execution of ordor and decree in OP No.446/2006 dated 31.03.2008 on the file of the Cha r nari, Motor Vehictes Accidetns Claims Tribunal cum I Addl. District Judge, Karimr rgar pending the finat disposal of the main appeal Counsel for the Appellants : SRl. KOTA SUBBA RAO Counsel for the Respondent No.'l to 3 : SRI RAM CHAND,I I RAO VEMUGANTT Counsel for the Respondent No.4 to 6 : MACMA No.806 OF 2019 Appeal filed under Section 173 of M.V.Act, againr t Order and Decree dated 31-3-2008 passed in O.P No. 446 of 2006 on the file cf the court of the Motor Accidents Claims Tribunal-cum- I Addl. District Judge, Karimr lgar. Between:

1. Lakkadasari Kavitha and 2 others, Wo. Late Odelu, Ag :d about 29 yrs, Occ. House hold, 2 Lakkadasan Padma, D/o. Late Mallaiah Aged about 23 r rs, Occ. Student, 3. Lakkadasari Aravind, S/o. Odelu Aged about g yrs, Oc(;. Student, (Th€ appellant No.3 is minor, she is represented ) her natural mother Lakkadasafl Kavitha appellant No.'l herein) (All a19 Rlo Cheekurai Villag.e of Peddapally mandat ( f Karimnagar District, H No 6-6-398' sharmanagar' Karimnagar) ...AppELL \NTs/pETraoNERs ANO

1. M Narasimha and 3 others, S/o. not know, Aged about 4 ;yrs, Occ Owner of lorry Bearing No. AP-9-X 2589, Fyo. 2-76, Je-edimetla, Il rngareddy Drstrict. (R1 Dismissed for default vide C.O. dt.10.03.2015) 2 lclcl Lombord General lnsurance Company Ltd, lclcl j rnk Towers, Bandra- Kurla Complex, Mumbai - 400 051. 3 M/s .Holy TrinltV !yn1o_r Qqlggg, lep by Sri Manohar Rr: dy, Owner of the Van beanng No AP-1 5- W8500, R/o. H.No.3-1,-33, Tukt e Rao Complex, Ambedkar Road, Karimnagar Town and Dishict. 4 The New lndia Assurance Company Ltd, Represented tr, its Branch Manager, ...RESPONDE I TS/RESPONDENTS Statron Road. Karimnagar town' anri District.' Counsel for the Appellants : SRl. RAMACHANDAR RAO Vt: J|UGANT| Counsel for the Respondent No.1 : - Counsel for the Respondent No,2 : SRI KOTA SUBBA RAO Counsel for the Respondent No.3 : SRI A. MANOTHAR REODY Counsel for the Respondent No.4: - The Court made the following: JUDGMENT ..fl THE HON'BLE JUSTICE B.R. MADHUSUDE AN RAO M.A.C.M.A.NoS.41O3 of 2Ol2 and 86O cil 2019 COMMON JUDGMENT: These M.A.C.M.As. are settled before Lok Adalat vide common Award dated 13.09.2025 passt,rIby the tok Adalat Bench of High Court Legal Service:; Committee, High Court for the State of Telangana, Hy lerabad. In view of the same, nothing remains in he present M.A.C.M.As.

2. Accordingly, these M.A.C.M.As. are dis posed of in terms o[ the common Award dated 13.09.2012 5 passed by the Lok Adalat Bench of High Court Le 1 al Services Committee, High Court for the State ol' Telangana, Hyderabad. Therc shall be no order as to cos-r . Intcrim order and miscellaneous petiti rns, if any, n in these M.A.C.M.As. shall stand clos:d. //TRUE COPY'/ SO/. MOHD. ISMAIL . t EPUTY REGISTRAR v SECTION OFFICER To, r) Hyderbad Karimnagar.

1. The Motor Accidents Claims Tribunal-cum- I Addl. Dis r :t Judge, 2. The Secretary, Hrgh Court Legal Services Committee, ll lh Court Buitdings at 3. One CC to SRI KOTA SUBBA RAO Advocate ]oPUC. 4 One CC to SRt. RAMACHANDAR RAO VEMUGANTT l,r vocate [OpUC] 5 One CC to SRI A. MANOTHAR REDDY ROvocate [,] rUCl 6. Two CD Copies GE/PSL Enclosing along with a copy of Lok Adalat Awar I HIGH COURT DATEO:17t1O|2O2S I JUDGMENT MACI/1A.No.4103 ot 2012 And MACMA.No.860 of 2019 rT t n-'._!t ( t \'\cl+\ A")l( l.a 05 Sp,r'l- ' '!) _2' .J .J t- ),7 * DISPOSING OF THE MACMA IN TERMS OF LOK ADALAT AWARD q -.{ I ./1 dl' I BEFORE THE LOK ADALAT HIGH COURT LEGAL SERVICES COI,IA{ITTEE (HIGH COURT FOR THE STATE OF TELANGANA, HYDERABAD) [Under section 19 of the Legar SeMces Authoritie;Act, 19&7 (central Act)] Date:13-09- 2025 SER $i,g9YX1 -lt E t St l. otl Present:1. Hon'ble Justice G.Sri Devi, (Fofrner Judge, Hon'ble High Court for tite State of TetanSanal Chairman

2. Smt. Nandita Guha, Advocate, Member MACMA No.4103 of 2O12 AN D lrtACA{A No.8 60 0F 2019 (Before the Hon'ble High Court) AGAINST (onthefileoftheMo.o.,"ffiDistrictJudgeKarimnagar) lilAClrtA No.4 1O3 ol 2O12 BETWEEN: lClCl Lombord General lnsurance Company Ltd. lClCl Bank Towers, Bandra-Kurla Comitexl fiumbai _ ffiO51. ..Appellant/ Respondent No. 2 AND 1 2 3 . Lakkadasari Kavitha, W/o. Late Odelu, aged 25 years, Occ: househotd. . Lakkadasari Padma, D/o. Late Mallaiah, aged 19 years, Minor, Occ: student. . Lakkadasari Aravind, S/o. Odetu, aged 05 years, Occ: student. Respondent No.3 is being minor represent by mother Resp.No.1 A[[ are residents of cheekurai.vittage of-peddapatty rytandat of Karimnagar district, presentty residing at H.No:6-6-39g, Sharmanagar Karimnagar.- ...Respondent/Petitioner

4. M. Narasimha, S/o. Not known to the petitioners, Age about 45 years, Occ: Owner of Loiry No.Ap-9-X_25g9, R/o. H. No. 2 -76, Jeedimetla, Ranga Reddy District. R4 dismissed for defautt vide Court Order dated Z14g-2O11 5. M/s. Hoty Trinity Junior College, rep.by Sri. l{anohar Reddy, Owner of the van No.Ap-15-W-g500, R/o.H.No.3-1-33, Tukka Rao complex, Ambedkar road, Karimnagar Town and District.

6. The New lndia Assurance Co. Ltd., Rep. by its Branch A{anager, Station road, Peddapatty branch, Karimnagar District. (Respondenr No.5 and 6 are not necessary party " ,'rl"ffilffits/Respondents N1 J\ I I i t i I ! I I t t $ : t ; ! i 2 i{AClv{A.No .860 of 2019 Between:- 't . I akkadasari Kavitha, W/o. Late Odetu, Aged about 29 years, Occ: Househotd. 2. Lakkadasari padma, D/o. Late Mattaiah, Aged 23 years, Occ: Student. 3. Lakkadasari Aravind, S/o. Odetu, Aged about 9 years, Occ: Student. The appettant No.3 is minor, she is represented by her nar.r ral mother Lakkadasari l,.ivitha appettant No.1 herein) (At[ are R/c.cheekurai Vittage. of peddapatty Mandal of Kar.i nnagar District, H.No.6-6-398- Sharmanagar-, Karimnagar)

1. il. Narasimha, S/o. Not known, AND ...r\ rpellants/petitioners Age about 45 years, Occ: Owner of Lorry bearing No.Ap_g_x 25g9, R/o.H.No.2-76, Jeedimetta, Ranga Redjy Districi. Rl dismissed for default vide Court Order 10_03_2Ol 5 -

2. lClCl Lombord General lnsurance Company Ltd. , lClCl Bank Towers, Bandra-Kurta Comptex, t*tumbai _ 400 05 . 3. M/s. Hoty Trinity Junior Cottege, Rep. by Sri Manohar Redcll , Owner of the Van beartng No.ip-rs-wajoo, ii".x.Ho.l_r-: l, Tukka Rao Comptex, Ambedkar Road, xarimnigii io*n "n,

4. The New lndia Assurance Company Ltd., Represented by its Branch l{anager, Station Road, Karimnagar town and District. District. ...Respor < ents/Respondents Counsel for Appe[ant/ lnsurance Company : Sri Kota Subba Rao, Advocate. counsel-for Respondent/petitioner/ctaimant : sri p.Ramcha, rer Rao vemuganti, Representative of lnsurance Company : Sri l,lohamme,i Abdul Shabeer, Senior Manag,: _Legat Ctaims. Advocate These appeats having been referred for settlement before th s Lok Adatat and after aring the Learned counsel for the parties and also the partie:;, the fottowing award is ssed: Hqt{ LOK couq! ADAI.A' r *tl S{Dd mrI t t ./1. I 3 fnA( A- rj tqfrc t'-. A AWARD I /r- 4lo 3 u" l4 Compensation Awarded by the TribunaI Rs.1 ,85,000/ -(Rupees One takh eighty'five thousand onty) wit h

7.5% per annum frorn the date of fiting of petition titt date of reatization with proportionate costs. Compensation Awarded (Setttement Reached) in the Lok Adatat. A,lACl A No.4103 of 2012 has been preferred by the Respondent No.2-lnsurance Company and MAClrlANo.860 of 20f9 has been preferred by the Ctaimants/ Petitioners against the orders passed in OP No.446 of 2006 by the Tribunat. Sri Mohammed Abdul Shabeer, Senior ltAanager-Legal Ctaims for the Appeltant / Respondent No.2/lnsurance Company has appeared before the Lok Adatat and stated that the Respondent/Petitioners/Ctaimants along with their counsel have appeared and identified before District Legal Services SEF Authority, Karimnagar. During the pendency of both Appeats, () Lo $,i^TJXI t Shtc dt1 the Appettant/ ResPondent No.2'lnsurance Company and Respondent/Petitioners/Ctaimants represented that they have mutuatty entered into a compromise and settled the matter. As per the settlement, the Respondent/Petitioners/Claimants have agreed to receive Rs.9,0O,000/- (Rupees Nine lakhs onty) towards futt and fina[ settlement apart from the amount atready deposited and the lnsurance Company has agreed to pay the same towards futt and final settlement of the ctaim. Accordingty, compromise is recorded and the case is settled before the Lok Adatat. r-r-l-::-;-{ 4 t l ln view of the above said setttemen t shat[ pay the above said amount wi .l weeks from the date of receipt of cc[ event of default or delay in mak r is entifled for inter r awarded by the Tribunat from the date o. Appettant/Ctaimant he ln surance Compan v rn a period of six (6) r df this Award. ln the g such deposit, the st @ 8% per annum as defautt. The apportionmenI among the Ctaimant Nos.1 to 3 shat( be made as pr determined by the Tribunat in M.V.O.p.N: fk spondent/pe tioner/ r the apportionment 446 of 2@6. SER HIGHCOOIR? LOI( ADALCi <J 2 t .-.,t t olI Apportio Compens nment of ation, if tionat Di ( ton s): 1. The {ppettants are entiflr , h s appeat. rny, shat[ be given l::jF; il* "*;::TT:T::;::,:il;:11 j 3' 500n after deposit by the rnsurance company, the Major Re 1 0ndent/petitiondr/ C(aimant Nos.1 and 2 are permitted to withdraw the_rr entire sha e amounts and the share of the minor Respondent/petitioner No.3 shatt be kept in r xed deposit in any Nationatr2ed Bank titt he attains majority, as per the orders i nd apportionment determined by the Tribuna(/Lower Court. ln token of consent for the above settfement and award, the parties and their counse( have signed this award in our presence. ln terms of the compromise arrived at between thr disposed of. -' vLrwterr tne parties' t lis case stands \*-r/ .sAJ'

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