✦ High Court of India · 21 Feb 2025

The High Court · 2025

Case Details High Court of India · 21 Feb 2025
Court
High Court of India
Decided
21 Feb 2025
Length
1,073 words

Counsel for tha Respondent No.2: SRI V SATYAM REDDY Counsel for the Respondent No.1: SRl. AZAR SRAVAN KUMAR The Court made the following: ORDER ,---=Eri 1 f- raj --r?-f' I i ,-..--= THE HOIT'BLE SMT. WSTICE M.G.PRIYADARSIIVI M.A.C.I}I.A. IIo.2394 of 2016 JUDG Pursuant to the request made by the Counsel appearing for both the parties, the matter was referred to Lok Adatat. On 14. 12.2024, the matter was settled before the Lok Ada_lat and an Award was passed by the Lok Adalat.

2. In view of the above, this Motor Accident Ci,r'il Miscellaneous Appea1 is disposed of in terms of the Award passed by the Lok Ada]at. There shall be no order as to costs. 3. As a sequel, miscellan shall stand closed. eous applications, if any, pending Sd/. T JAYASREE //rRUE copytt ^ iltr 1\\ -' / u sEcTloN oFF|CER REGrsrRAR/ To 1 The chairman, Motor Accident craims Tribunar-cum- Additionar District ^ J_rdsq, ar Nizamabad. (rr a ny rowei iou,i'iJJ"ilr""" 2. one CC to SRt. xarra.i-,akrrltr Fin-s1'olniJ6."t" topucl 3. one cc to sRt v SATyAM iEooi, Air"ilj""ftitucf 4. one CC to sRt AZAR sRAVAlr [urviAii,,iiri,i]ie [opUC] 5. Two CD Copies P r nclosing along with a copy of Lok Adatat Award % .) \ /_ ',. t$ f *.,.1: l HIGH COURT DATED:21 l02t20?s JUDGMENT MACMA.No.2394 ot 201 e o Lr- (.)- e qr ie .$ \ +\'$' /1 , 'lL a ../ DISPOSED OFF IN TERMS OF AWARD PASSED BY LOK ADALAT 96 ,/,.1 / -.,t BEFORE THE LOK ADALAT HIGH COURT LEGAL SERVICES COMA1ITTEE FOR THE STATE OF TELANGANA, HYDERABAD. [Under Seclion I g ot lhe Legot Services Aulhorities Acl, l987 (Cenlrot Act)l Date: 14 -12-2024 Present:1:: Hori,ble Mrs. Justice S.Nanda, ERV S s q -o H I I $. ,,ile St-",a !lud!e, Hon,bte HiSh Courr for the St.te of Ter.ngana) Chaifthan

2.Sri K.Venkatesh Gupta, Advocate, Ailember

3. Sri Srinivasa Srikanth, Advocate, Member A4.A.C.M.A .No .2394 of 2O16 (Before the Hon'ble High Court) AGAINST ,r^.V.O.P.No.75 of 2O1O (On the fite of the Additionat Motor Accident Ctaims Tribunat-cum- District Judge at Nizamabad) Between:- lClCl Lombard Generat lnsurance Company Limited, Redresented by its Bianch Manager, Branch Office 6-3-352t 1 , Osman ptaza, Road No.1, Banjara Hills, Opp. HDFC Bank, Hyderabad. . AND ...AppellanUResp.No.2

1. Botlatram Sailoo, S/o. Boltaram poshanna @ Chakati poshanna, aged : 34 years, Occ: Labour, R/o.yanampattv Vittase. Dichpatty Atandat, Dist. Nizamabad, 2 Chakati Chinnutu, S/o.Chakati Ahanna, Aged: Major Occ: Owner-cum-driver oi R/o.H.No.2-1 18/3, yanampatty Vittage, - Dichpatly /vtandat, Oist. Niiamabad. ....Resp.No. 1/Claim petitioner. Auto No.Ap 25 5290, ... Resp.No.2/Resp.No. 1 Counsel for Appe[[ant/lnsurance Company : Counsetfor.Respondent No.1/Ctaimant : Sri Katta Laxmi prasad, Advocate Sri Azar Shravan Kumar, Advocate Representative of lnsurance Company i Sri Mohammed Abdut Shabbeer, Senior Manager - Legat Ctaims This appea[ having been referred for settlement before this Lok Adatat and after hearing the Learned counse[ -for the parties and atso the parties, the fottowing award is passed: )lt'- AWARD Compensation Awarded by the Tribunat Compensation Awarded (Setttement Reached) in the Lok Adatat. Rs.3,66,000/- (Three Lakh s sixty six thousand onty) with costs and interest @ 7.5%.per.annum from the date of fiting of the petition the date of realization. This is an appea t fited by the lnsurance C ompany-Respondent No.2 against the order passed in MVOP No.75 of 20i0 by the Motor Accidents Ctaims Tribuna[-cum-Additionat District Judge at Nizamabad. SE8 o * HIGH COURT LOK ADAIAT --lm * skte ctI Sri Mohammed Abdut Shabbeer, Senior Manager _ Legat Ctaimi for the Appettant-lnsurance Company has appeared before the L6k Adatat and the Respondent No.1/Ctaim petitioner along with his counset has appeared and identified before the District Legat Services Authority, Nizamabad. During the pendency of this Appeat, the Appettant_ lnsurance Company and the Respondent No.1/ctaim petitioner have entered into a setttement and in pursuance of the same, the Respondent No.1/Ctaim petitioner has agreed to receive an amount of Rs.3,89,674/- (Rupees Three takhs eighty nine thousand six hundred and seventy four onry) towards fut[ and finat settlement in addition to the amount already deposited and the lnsurance Company has agreed to pay the same. Accordingty, compromise is recorded and the case is settted before the Lok Adatat. ln view of the above said settlement, the Appettant-lnsurance Company shatt pay the settted amount within a period of one (1) month from the date of receipt of copy of this Award. ln the event of defautt or delay in making such deposit, the Respondent No.1/Ctaim Petitioner is entitted to ctaim interest as awarded by the Tribunat. Apportionment of Com on, if any Additional Direction(s):

1. The Appeltant is entitted to the refund of Court Fee paid in this appeat. 2' The amount atready deposited by the rnsurance company if any, shatt be given credit to 3. Soon after deposit by the lnsurance Company, the Respondent No.1/Ctaim petitioner is permftted to withdraw the entire amount. In token of consent for the above setttement and award, the parties and their counsel have signed this award in our presence. ln terrns of the compromise arrived at between the parties, this case stands disposed of. \-e^' O[Na; 15 I 2-D lo Applicant (s) Me rM a Nor L31+ lza 16' ' Respondent (s) /H ttAg So Slott+L ( o o GENERAL cosY co E U NCE a6 104 26 50 oSlao2t o 2 5 **** Counsel for aPP licant (s) Counselfor resPon dent (s) \^o"- MEMBER -1r.J CHAIRMAN I ME E SEB HIGH COURT Loraoeler E ( r t.tiel Stele cl1 e)

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