✦ High Court of India · 05 Dec 2025

The High Court · 2025

Case Details High Court of India · 05 Dec 2025
Court
High Court of India
Decided
05 Dec 2025
Length
2,291 words

addressed a letter to the Registrar (Judicial-I), High Court for the State of Telangara, Hyderabad, requesting that the case be referred to Lok Adaiat for settlement. Accordingly, the case was I t referred to Lok Adalat. \ (

3. The Lok Adalat, after interacting with the parties, verilied their identities, and ascertained their free and voluntary consent, has recorded a settlement between them. The Lok \*-E - Adalat Award dated 13.09.2025, along with the Memorandum of Compromise signed by the parties, has been placed before this Court

4. The Award certihes ttrat the compromise is lawful, voluntary, and free from coercion, undue influence, misrepresentation.

5. This Court has perused the Award and the terms of the settlement and finds no legal impediment to accept the same in terms of Order XXIII Rule 3 CPC.

6. In view of the compromise recorded by the Lok Adalat, this Motor Accident Civil Miscellaneous Appeal stands disposed of in terms of the settlement. There shall be no order as to costs. All pending miscellaneous petitions, if any, shall stand closed. Sd/- M. JAWAHAR REDDY ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPY/i

1. The Motor Accident claims Tribunal (Vlll Addl. District Judge) at Nizamabad.(with records if anY)

2. One CC to SRl. S.Surender Ceddy, Advocate [OPUC] Two CD CoPies To, I \&' / lEncl ose Award Of Lok Adalat CoPY) I I I T HIGH COURT DATED.05t12t2025 JUDGMENT MACMA.No.1435 of 2016 oP.Iil€ o o x * 02 ftl 2W * M.A.C.M.A, IS DTSPOSED OF @ Lb \\$ / BEFORE THE LOK ADALAT HIGH COURT LEGliL SERVICES COMMITTEE FOR THE STATE OF TELANGANA, HYDERABAD. [Under Section 19 of the Legal Services Authorities Ac., 1987 (Centrat Act)] \ c.c R s c.orjRl iolla' \GH gOi( { Date:1 3-09-2025 Present:1. Hon'ble Justice G.Sri Devi, (Fornier Judge of High Court for the State of Telangana) Chairman

2. Smt. Nandita Guha, Advocate, Member M.A.C.M.A.No.1 435 of 7O16 (Before the Hon'ble High Court) Sllie o\ 1 AGAINST OP No.221 of 2017 (On the fite of the Motor Accident Ctaims Tribunat (Vlll Addt. Dist. Judge) At Nizamabad) Between:- Rathod Bheem Rao, 5/o. Rathod Umta, Aged 47 years, Occ: Agriculture and Cotton business etc, R/o.Dodarna Thanda, Kubeer Mandat, Aditabad District, Presently residing at Chandrashekar Cotony, Nizamabad. AND 'l . Rathod Narender, S/o.Ganapat, Age: Major, Owner of the auto bearing No.AP.01 .X.1585, R/o.H.No.3-47, Dodarna Vittage of Kubeer Mandal, Aditabtad District.

2. lclcl Lombard General lnsurance Company Ltd., ... APPELLANT/PETITIONER Through the Branch Manager, Branch Office, Zenith House, Keshavarao Khade Marg, Mahalaxmi Mumt ai. (Poticy cover note no. PCVJ-85574445 vatid from 01-12-2009 to 30-11-2010) Counset for Appettant/Ctaimant / Petitioner ... RESPONDENTS/RESPONDENTS 5ri S.Surender Reddy, Advocate/ Sri M. Prakash Reddy, Advocate Representative of lnsurance Company : Sri Mohammed Abdut Shabbeer, Senior Manager - Legal Ctaims Counsel for the lnsurance Company : --- This appeat having been referred for setttement before this Lok Adatat and after hearing the Learned Counse[ for the parties and atso the parties, the fotlowing award is passed: Compensation Awarded by the Tribunat I AWARD Rs.74,000/ - (Rupees Seventy-four thousand onty) with proportionate costs and interest @ 6% per annum from the date of petition titl the date of realization. I Nl\ w Compensatiorr Awarded (Setttement Reached) in the Lok Adalat. This i:; an appeat fited by the Petitioner/Ctairnant aggrieved b Awarci passed in MVOP No.221 of 2012 by the Motor Accident Ctaim Tribunal (Vlli Addt. Dist.Judge) At Nizamabad. G NL SEF (f ,:.\. COURT ,]ALAT t Sri Mohammed Abdul Shabbeer, Senior Manager-Legal Ctaims for the Respondent No.2-lnsurance Company has appeared before the Lok Adatat and represented that the Appettant/ Petitioner/Ctaimant hiis appeared before the District Legal SeMces Authority, Nizamabad. It is reported by the Respondent No.2-lnsurance Company that durirrg the pendency of this Appeal, they have mutuatty entered into a setttement. As per the settlement, the Appettant/ Petitioner has agreed to receire an amount of Rs.1,00,000/- (Rupees One Lakh onty) towarCs futt and finat setttement of his claim in addition to the amount atready deposited and the lnsurance Company has agreed to pay the same towards fu[[ and finat settlement of the ctaim. Accordingly, compromise is recorded and the Award is passed before the Lok Adatat. ln view of the above said setttement, the lnsurance Company has agreed to deposit the above said amount within a period of six (6) I I ,I weeks from the date of receipt of copy of this Award, after deducting the amount that was deposited, if any. ln the event of defautt or detay in making such deposit, the Ctaimant/Appettant/Petitioner is entitted to ctaim interest as awarded by the Tribunal. Apportionment of Compensation, if any AdditionaI Direction(s):

1. The Appettant/ Petitioner/ Ctaimant is entitted to the refund of Court Fee paid in this case.

2. The amount a[ready deposited by the lnsurance Company, if any, shatl be given credit to.

3. Soon after deposit by the lnsurance Company, the Appettant/ Petitioner/Ctaimant is permitted to withdraw the entire amount. ln token of consent for the above settlement and award, the parties and their counsel have signed this award in our presence. in terms of the compromise arrived at between.the parties, this case stands disposed of. q\ Enclose Award Ut Lok Adalat UoPY) ( It)t,.\1't I,'ICAl't0N IIIiI',OR'f l-,1,^^CNIA No.1 435 ol' 201 6 MVOP. No.22l of 2Ol2 I I Appellant (s) -t- Respcndent (s) LrL+R.B &v4R-^4 ( I I I I 0ftt RA GEI'€RAL cott cooa Bi. cool o 6 I ** f. I I I I Counsel lbr the Appellant (s) Counsel for llcspondcnt (s) SERV CI IAIItMANiSItCR Ii'I'A RY I)I,SA \"' CIIAII{MNN o <J t tsl^:sl,xl t 1 Slrlt o1 ,\^A'WBW MI'MBIIR Prl. Dist. Jud Dist legol Servlces 0n NIZAMABAD. (]OI\IPROi\{ISE i\{ENlO Datc: l5-10-2025 I I Frorn ICICII [,ombard General lnsurance Company Limited, Ilyderabad. To. The Secretary, High Court Legal Services Committee, High Court of Telangana, Hyderabad. Dear SirA,ladam S ubj ect Confirmatio ll T rdi r Coml, romise Ternl ln 1\1 A C t\t ,\l 415/ 20 I6 in I\{\'OP 221/2012 At Nizamabad ryith regard to settlement bcfore Natioual [,ok Adslath. It is submitted that, wc the Claimant-/s and the Insurance Company in the subject claim i.e., MACMA 1435/2016 in MVOP 22112012 at Nizamabad during the pendency of the same have negotiated and settled the matter amicably for an anrount of Rs.I,00,000i- and thc clairnants in the subjcct ctaim were appeared before the coucemed DLSA at Nizamab7i- and rr.r. identified and on perusal of the said ldentification the matier was recorded Before the National Lok Adalal held on l3- 09-2025 at the Hon'ble High Court ofTelangana at Hyderabad. The Respoodeot No.2 agrees to dcposit the agr€ed amount of Rs.1,00,000/ in addition.to already deposited amount ifany torvards full and final satisfaction ofthe settlcmelt in ths prcsent claim. ,11 r tI .:....a, ctZ{ $(^ lh.d "-Ahr"^A Q; Appellant-/s Appellant Counsel M. PRAKASH REDDY M.A.LL.B., ADVOCATE, NIZAMABAD. (iosf coo .E P cR o nden < A wb{ llt 1 IY\AC --- -: .., ir,lirJ { 8 'rysu.- J&EIWBToE-'- rqii o" ct ryir xiD r!!1., or ernh 1965 3'139 8427 1950 uc-o= - i.$o-5:53 5-{:6 , I I l i^tl ?qqftI3gl|6'eas"d roi uM0uqgs-l&5{guaqIHoRrTY 0F rNDrA '- __'25 lii-:--: i u :.t! a!. r e a,, , i., ' eatE L1aE. tr rut Add.6s: 9o Ranod un{a,4'9, , rr," j ,.-.-r Matna.3. oodam.-3. Dodama rdiabad, ,tdtYa Ftrdesh. 504103 l Ea@tr L't r +k GV'l.,rv"4 Aj- IBUE COPT \ M. PRAKAST-rPPr',.J ADVOCATE, NIZAMABAD' L FORM OF DECLARATIOI{ / UNDERTAIilNG TO BE SIIBMTT'TED BY TTTF: PLAflTTIFFS / DEFENDENTS / COMPLATNANTS / ACCUSEN I I I i I I I R"t1^-4 Sht"q Q^- Son /DaughTer- resldent oi' at District kgal. Services Auth I / rve, ofshri r.iiLa itatu i:iJlage ,/ town / city D"A^4-v4- ,qE1-J.,^A Dishict A-A4GI>-J herebr, State declare t]:at I,/we appeared before t}te lpk Adalat held or,. ty / Mandd , in Case iegai Serviccs Com:cairtee -1, I,lo, o zLl ?he Lok Adalat Award passed in terms of the settiemen'- a-::ir'eC / tei-ms & conditions are read ovei- arr o expla:-neci rc me/us anci I /we understood the same. i ,, .r'e myself/ourselves signed on the Award Copy passed by the Lok Adalat Bench and I/w-e also conflrm that .the photoTs ari:;<ed on ttris declaration form is mine/ or.rrs. on ttre file of Tt|L_AAr - fut l2- I Place: ).r \ l,r / LOLS - q I Signature L-T L + ft.9 c!,114 Qan I .6)n. ;;;':l''.t"' LrL+ K.Ll^rur1 fr^Q 4 1 DECRE E IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL (VIII ADDL. DIST. JUDGE) AT NIZAMABAD Present: - E-Tirumala Devi, Chairman, MACT., VIII Addl. District ludge Nizamabad Dated this the 5'h day of November, 2015 QP No. 221 of 2012 Between : Rathod Bheem Rao S/o Rathod Umla, aged 4tr years, Occ; Agriculture and cotton business etc., R/o Dodarna Thanda, Kubeer Mandal, Dist. Adilabad, presently residing at Chandrashekar colony, Nizamabad' .. Petitioner AND

1. Rathod Narender S/o Ganapat, aged major, Occ: Owner of Auto bearinq no. AP-0i-X-1585, R/o H.No.3-47, Dodarna village of Kubeer Mandal, Dist Nizamabad.

2. ICICI Lombard General Insurance company Limited, through its Branch Manager, Branch OfFice, Zenith House, Keshavarao Khade Marg, Mahalaxmi, Mumbai.)Policy cover note No. PCVI-85524445, valid from 1-12-2009 to 30-11-2010). Claim Responde nts lThis petition filed and under section 166(1)(a) of Motor Vehicle Act, claiming the compensation of I Rs.2.00,000/-( Rupees Two Lakhs only) with 24olo iper annum from the date of petition, till the date of realization from respondent No.1 & 2 and jointly and severally, on account of injuries sustained by the petitioner in a motor vehicle accident took place on 5-3-2010 at about 8.30 a.m., .in the outskirts of Dodarna thanda No.1, at a distance of 2 Kms., Ku beer Mandal, Dist Adilabad. Court Fee: A Court fee of Rs. 1,360/- is paid under Rule 475(i) ( b) of APMV Rules. Date of Presentation Date of Institution : 17 -2-2072 01-3-2012 I t" the p rhrs pelltron comrn9 t) resence ldf Sn M. Prakas of Sri . \4lBhaskar, ad ndent. No.11 rs Temain o g stood' over for consi n r and d.ecree as follows:- efore me for hearing on 17-11-2015 in h Reddy, advocate for the petitioner and vocate for the respondent No.2 and ed exparte, and having been heard and deration to this day, the Tribunal doth iY.Bi.stl ---- 2 .\ t!r 1 )- 4 5 That the petition is allowed in part awarding compensation of Rs. 74,000/-(Rupees Seventy four thousand only) to the petitioner with proportionate costs and interest @690 per annum from the date of the petition till the date of payment (or) realization recoverable by the petitioner from the respondents. The rest of the claim of the petitioner is dismissed. The respondents shall bear their respective costs. That the respondent No.2 shall pay the compensation to the petitioner and then Tecover from the insu red/respon dent No. 1. That on deposit the petitioner is permitted to withdralv the awarded amount with costs and interest. That the time For deposit is one month That the respondents shall pay Rs.2442/- towards the cost of petition. Given under my hand and the seal of the court on this rhe 5 " day of Novcmber, 2O 15. >r4--' VIil n dcjl. District lud9e, Nizamabad. '',{ : PARTICULARS OF COSTS: For petitioner .(Costs memo filed ) RS ov"l e r

1.S am on Petitio n Rs. 230-00 2-00 2.Starn s of Exhibits I Rs. 10-00 3.Stanr fees ___ f. zssq-oo 4. Plead ers RS Rs. 100 - 00 00-00 42-OO .Sub for publication i TOTAL; l, Disl' .-,' ?,\ C. .jur'\ tr .rit5 J'l,ttlrs -1)1-urneti . .-.tC \!r..l

3.i )i r ii1)ENT, S \-,, J ' !r j frr ' {' Niz3ma Red tradlt Ai \) For Respondent No.2 (Costs menlo not filed ) R-1 R-2 Expa rte Rs.2/- Rs.2 aE)- VIII Addl. Di(trict Judqe, Nizamabad. a I I I 1 tFtEO TO 6t OPY T cf Co?Ying Sect CO!.L IiIZAMAB j Superinten olst. & ?

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