✦ 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
1,092 words

1. Sri Shaik Mukim Khan, s/o Saleem Khan, Aged Major, occ: Owner of the Tractor No. AP-25H-9802, r/o c/o Saleem Khan, H.No.3-18, Satapur village, Renjal Mandal, Nizamabad District.

2. MAGMA HDI General lnsurance Company Ltd., Magma House, 24 Park Street, Kolkata, West Bengal State ...RESPONDENTS/RESPONDENTS Counsel for the Appellants: SRl. AZAR SRAVAN KUMAR Counsel for the Respondent No.2: SRI A. RAMA KRISHNA REDDY The Court delivered the following: JUDGMENT i I THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI M.A.C.M.A.No -3027 of 2()17 JUDGMENT

1. Pursuant to tJre request made by the Counsei appearing for both the parties, the matter was referred to Lok Adalat. On 14.12.2024, tlire matter was setfled before the Lok Adalat and an Award was passed by the Lok Adalat.

2. In view of the above, this Motor Accident Civil Miscellaneous Appeal is disposed of in terms of the Award passed by the Lok Adalat. There shall be no order as to costs-

3. As a sequel, miscellaneous applications, if any, pending shall stand ,:losed. //TRUE COPY// Sd/- V. KAVITHA ASSISTANT REGISTRAR \ dECTION OFFICER \.) To

1. The Chairman, Motor Accident Claims Tribunal-cum- I Additional District Judge at Nizamabad. (lf any Lower court Record)

2. One CC to SRl. ATAR SRAVAN KUMAR, Advocate [OPUC] 3. One CC to SRl. A. RAMA KRISHNA REDDY, Advocate [OF'UC] 4. Two CD Copies (Enclosing along with a copy of Lok Adalat Award) w HIGH COURT DATED: 2110212025 \ Y\ JUDGMENT MACMA.No.3027 ot 2017 a 14 3 I i,..li /nn DISPOSING OF THE APPEAL IN TERMS OF LOK ADALAT AWARD WITHOUT COSTS c s"I ,rrP'-W4.jL. \o( l, BEFORE THE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE (HIGH COURT FOR THE STATE OF TELANGANA, HYDERABAD) [Under Section 19 of the Legal Services Authorities Act, 1997 (Centrat Act)] Date: 14-12-2024 Present:'1. Hon'ble Justice G.Sri Devi (Flrmer Judge, Hon'ble High Court for the State oiTelangana) Chairman

2. Sri Nayakawadi Ramesh, Advocate, /vlember

3. Sri K.Vasanth Rao, Advocate, Member llAClrlA. No. 302 7 of 20 1 7 (Before the Hon'ble High Court) o(J , couRf }JAIAI HIGH LOK * i tJe stell cl1 . , , AGAINST MVOP.No.280 of ZO14 (on the fite of the Motor AcEdentttaims Trib.,nat-crm- r Additionat District Judge at Nizamabad) Between:

1. Smt. Wankhade l-atha; W/o. V.Raghku, Aged about 53 Yrs, Occ: Househotd. 2. Wankhade Raghu, 5/o. Late Jeepruboi, Aged about 58 Yrs, Occ: Ni[. Both are R/o.H.No.2-16611, Neeta Vittage of RenjaI Mandat, Nizamabad District, Presently residing at Gouthamnagar, Nizamabad, Nizamabad District. AND ... Petitioners/AppeUants

1. Sri Shaik Muhm Khan, S/o. Saleem Khan, Aged: Major, Occ: Owner of the Tractor No.Ap-25H-9g02 R/o.C/o.Saleem Khajn, H.No.3-1 8, Sataur Viltage, Renja[ lvlandat, Nizamabad District.

2. MAGMA HDI Genera[ lnsurance Company Ltd., Magma House, 24 Park Street, Ko(kata, West Benga[ State. Counsel For Appeuant/Ctaimant CounseI for RespoMent No.2/ lnsurance Company Representative of lnsurance Cornpany ...Respondents/Respondents Sri Azar Sravan Kumar, Advocate. Sri A.Rama Krishna Reddy, Advocate. Sri S.Chandrashekar Reddy, Sr.Manager, T.P - Legal Ctaims ,:' This appeal having been referred for setttement before this Lok Adatat and after hearing the Learned counse[ for the parties and atso the parties, the fottowing award is passed: ' . \""'r {sn^+ I i i I I i i I l/ l j j l Compensation Awarded by the Tribunat compensation Awarded (Setttement Reached) in the Lok Adatat. AWARD Rs.3,65,000/-(Rupees Three lakhs sixty-five thousand onty) wii costs and intefest @ 7.5% per annum from the date of petition titt the date of deposit. This is an appeat fi[ed by the Periri oners/Ctai mants aggrieved by the Award passed in MVOP No.280 of 2014 by the Atotor Accident Ctaims Tribuna[-cum-l Additionat District Judge at Nizamabad. SER t., IS,is?'s --l n -is. I I l, S.Chandrashekar Reddy, Senior Manager - T.p. Legat Ctaims for the Respondent No.2-lnsurance Company has appeared before the Lok Adatat and the Appettant/Ctaimant Nos. 1 & Z have appeared and identified before the District Legat Services Authority, Nizamabad. Dunng the pendency of this Appeat, the petitioners /Appettants as we[[ as ReSpondent No.2-lnsurance Company have entered into a settlement and .in pursuance of the same, the Appettants/ Petitioners/Ctaimants have agreed to receive an amount of Rs.2,00,000/-(Rupees Two takhs onty) towards fu[[ and finat r settlement in addition to the amount atready deposited and the lnsurance Company has agreed to pay the same. Accordingty, compromise is recorded and the case is settted before the Lok Ada tat. ln view of the above said setttement, the lnsurance Company has agreed to pay the above said amount within a period of one (1) month from the date of receipt of copy of this Award, after deducting the amount that was deposited, if any. ln the event of default or detay in mah:ng such deposit, the Appe ants/ petitioners are entitted to claim interest as awarded by the l.ribunat. Apportionment of Compensation, if any Additional Direction(s): The apportionment between the Appettant/petj tioner Nos.1 and 2 shalt be made _as per the terms of the award passed in M.V O.P.No.546 of 2O16by the Tribunat. t

1. The Appettants are entitted to the refund of Court Fee paid in this appeat. 2' The amount atready deposited by the rnsurance company.if any, shat[ be given credit to. J. Soon after deposit by the rnsurance Company, the Appettant/petitioner Nos. 1 & 2 are permitted to withdraw ther.r entire share amounts. rn token of consent for the above setttement and award, the parties and their counsel have signed this award in our presence. ln terms of the compromise arrived at between the parties {sn-l , this case stands disposed of. @ @> 0 ?Nr.: z?a I za t1 tltct4tNo:302-1 LaLl Applicant (s) Respondent (s) c^r t.AA HD\ a€ signaicry Q) ,J i,\1- | ?,/ Counsel for applicant (s) Counselfor respondent (s) l ?js-<L CHAIRI\4AN V".$rJ gr^j lanrt, MEMBER SEB m MEMBER

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