✦ High Court of India · 02 May 2025

The High Court · 2025

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Length
1,106 words

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to enhance the compensation amount from Rs.23,32,5001 to Rs.35,00,0001 in MVOP No.667 of 2022(Old MVOP No 107B of 2012) on the file of the Hon'ble Chairman, Motor Accidents Claims Tribunal-Cum-pnncipal District Judge, Hanumakonda and to grant 18% interest per annum and also to grant loss of the earnings as per the above judgment. Counsel for the Appellant: SRI AJAY KUMAR MADISETT)' Counsel for the Respondent Nos.1 &2: ___ The Court made the following: JUDGMENT )' THE HON'BLE SMT. JUSTICE RENUKA YARA M.A.C. M.A.No.lt74 oF 2023 JUDGM ENT: On O8.O3.2O25, the matter was settled trefore the Lok Adalat and an Award was passed by the Lok Adalat. In vieu. of thc same, the M-A.c.M.A. is disposed of, in terms o[ the A\r.ard clzlted 08.03.2025, passed by the Lok Adarat. The Registry is dirccrc(l ro anncx a copy of the Award dated Og.03.2025 to this judgmcnt. Miscellaneous petitions, if any, pending in this appcal shall stand closcd. There shall be no order as to costs //TRUE COPY// SD/.N.SRIHARI EPUTY REGISTR ECTION OFFICER To, Hanamkonda

1. The Chairman Motor Accident Claims Tribunal_cum_principal District Judge, One CC to Sri Aj ay Kumar Madisetty, Advocate [OpUC] Two CD Copie 2 3 S l ABK HIGH COURT OATED:021051202s JUDGMENT MACMA.No'1174 of 2023 .--.. /' - \ L Sr4f{ o/ ? I 0$ N0! M .- ?til a DISPOSED OF IN TERMS AWARD PASSED BY LOK ADALAT 04 1,0 !. BEFORE THE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE FOR THE STATE OF TELANGANA, HYDERABAD. [Under Seclion l9 ot lhe Legol SerYices Aulhorities Acl, 1987 (centrol Act)l Date:08'03-2025 I Present: 1. Hon'ble Sri Justice Narsing Rao Nandikonda, (Judge, Hon'ble High Court for the State of Chairman Telangana)

2. Sri Md.Nazeeruddin Khan, Ad Member SFR M.A.C.M.A.No. 1 17 4 of 2OZ3 (Before the Hon'ble High Court) AGAINST M.V.O.P.No.667 of 2022 Old M.V.O. P. No.1O78t20 17 H'G,i COURT LCK ADAI-AT '-i :_1 d * (on the fite of the chairman, Motor Vehicles Accidents Tribunat-cum- PrincipaI Distri Hanumakonda ) caJudge; Between:- Mahamad Nooruddin, S/o. Sarvar Miya, Aoe: 54 vears, Occ: Band Master (Event Manager), R7o. H.N;.2-491 i 1, Bheemaram, HasanparthY, WarangaI District ' ...Appellant/Petitioner AND 1 Gunda Rajender, S/o. Mattaiah, Ape: Maior, Occ: Owner 'cum'driver of the crime vehicte R7o.H.N;.3-14-465, Durga Cotony, Hanamkonda, Warangal CitY and District.

2. Bharati Axa Generat lnsurance Company Limited, Reoresented bY its Branch manager, Branch Office at H. No.6-3-666l 8/6, Third Ftoor, GokuI Towers, Panjagutta, Hyderabad. ... Respondents/ResPondents Counsel for the APpeltant/C laimant : Counse[ for Respondent No.2/ : lnsurance ComPanY Representative of lnsurance Company : Sri M.Ajay Kumar, Advocate. Sri Mohammed Abdut Shabbeer, Senior Manager - Legal Claims This appeat having been referred for setttement before this Lok Adatat and after hearing the Learned Counsel for the parties and also the parties, the fottowing award is passed: AWARD - Compensation Awarded by the Tribunat Rs.23,32,500i -(Rupees Twenty-three takhs thirty-two thousand five hundred onty) as compensation with subsequent interest @ 7 .5% per annum from the date of petition titt the date of deposit. \ Compensation Awa r l(Settlement Reache the Lok Adatat. [n d) I tr,i 5 ts Award Vehicle an appeal filed passed in MVO s Accidents Hanumakonda by the p et itiorrer/ C lainiant P No.667 of ?0)_Z by the Tribunal-cum-F rincipal grieved iJ ,t this Appeat, Sri Mohammed Abdut Shabbeer, Senicr Manager _ Legat Ct aims for the Respondent No.2-lnsu rance Company and the Appettant/petitioner/Claim ant have appeared before the Lok Adalat. During the Pendency ,if Petitioner/Appettant/Ctaim ant and the Respondent No.2 lnsurance Company have entered ilto a settlement and in pursuance of the same, the Appetta n t / petitioner/C taimant has agreed to receive an amou nt of Rs.31,64,986/- (Rupees Thirty-one lakhs sixty four thousand ni ne hundred anC eighty six onty) towards futl and finaI setttement o f his ctaim in addition to the amount already deposited and the lnsurance C onrpany has agreed to pay the same towards futl and final s (,ttlement. Accordingty, compromise is recorded and the case s settled before the Lok Adatat. ln view of the above said setttement, th? lnsurance Company has agreed to pay the above said amount w;tilin a period of one (1) month from the date of receipt of copy of this Award, after deducting the amount that v d e ra u r r o r de r ay i n m a k i n g,,.l 11 JJilill;' : il:. H;r:", :.:l entitled to claim interest as awarded by tl-e Tribunat. "J lI s€8 ,Ttt k HIGH COURT LOK ADALAT -1.J * 4. ,/ Apportionment of Com nsation if an Additionat Directio n (s): ]ir:Apeettant /petitioner/Ctaima nt is entitted ro the refund of court Fee paid in this atready deposired by the tnsurance Company, if any, sharr be siven 1 2 I l:"a,:T;.rr, Soon after deposit by the lnl permitted to withdraw ,r" ln token of consent for the "#::;;"rTpanv' the Appettant/Petitioner/claimant have sisned this award ," "r,. ;.i::;:::tlement In terms of the compromise arrived at between th disposed of. .rc(ween tne parties, this case stands and award' the partie:; and their counsel I-(AenA' t17q-la* 1-{e.,-,^*-a.1<-o Jor * flwF 66nlu^uL' Appetlant (s) Respondent (s) nJ b, t o @ ( RSUNLARENEG E9oToc a6 ,!c426ao - o3t2021 E C = *9 ,-r) tl, lti ) ,> ) p-g q1l$9 (' N seI f Coun ge@ f6tlant 1s1 Counsel for the ResPondent (s) AI RMAN E R Fto ) :l i I I \ HiGi,I COURT i_cK A3,{iJJ --6nI\ !.j? :l (Seat of the Committee)

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