Allowed

M/s.Icici Lombard General Insurance Company Limited v. M.Laxmi Kanth

Telangana HC10 Nov 2020MACMA/485/2019

Case brief

AI extract

What is this about?

The insurance company appealed a Motor Accidents Claims Tribunal decree. The appellant sought to withdraw the appeal and deposit the balance award with the Tribunal within eight weeks. The Court dismissed the appeal as withdrawn, directing the deposit of the balance sum and proportionate interest.

What did the court decide?

Appeal dismissed as withdrawn; appellant directed to deposit balance award with Tribunal within eight weeks, after which claimants permitted to withdraw amount.

M/s.Icici Lombard General Insurance Company… — Execution and Attachment | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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M.A.C.M.A. NO: 485 OF 2019

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Appeal under Section 173 of M.V.Act, against the Order and decree made in MVOP No.1141 of 2016 dated 19/1 112018 on the file of the Court of the Chairman, I,4otor Accidents Claims Tribunal -cum- XXV Additional Chief Judge, City Civil Court, at Hyderabad.

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Between:

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It//s.lClCl Lombard General lnsurance Company Limited, Resp. by its Manager, Osman Plaza,3'd Floor, Road No.1, Banjara Hills, Panjigutta, Hyderabad.

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...APPELLANT/ RESPONDENT NO.2

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AND

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1 M.Laxmi Kanth, S/o.Late M.Venktaesham,

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.....Respondent No.1/ Claim Petitioner

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B.Prabhu Das, S/o.Vidya Sagar,

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G.Nayanuba, S/o.Govind,

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...... Respondent No.2/ Respondent No.1

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...RESPONDENT NO.3/ RESPONDENT NO.3

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lA NO: 1 OF 2019

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Petition under Section 15'1 of CPC praying that the Honourable Court may be pleased to stay the execution of the order and decree dated 19/1 1/2018 passed in MVOP No.114112016 on the file of the l/otor Accidents Claims Tribunal -cum- XXV Additional Chief Judge, City Civil Court, at Hyderabad.

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For the Appellant : SRl. KATTA LAXMI PRASAD, Advocate

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For the Respondent No.1 : SRI G.V.RAYUDU, Advocate

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The Court delivered the following: JUDGIVENT

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THE HON'BtE SRI JUSTICE^T.VINODKUMAR

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MACMA No.485 of 2019

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]UDGMENT:

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Learned counsel for the appellant-insurance^{companyexpresses} desire to withdraw the appeal.^{Learned counsel for the appellantalso} submits that an e-mail to the above^{effecthas been sentto theRegistry.} The said e-mail addressed by the learned counsel^{is placedon record,} 2. it is submitted by the learned counsel for the appellant that^by virtue of the interim order^passed by this Court in I.A.No.1 of 2019, the a ppellant-insura nce company had deposited 500/o of the amount awarded by the Tribunal at the time of filing of the appeal, and in vlevv of the withdrawal of the appeal now, the balance amount as per the award and decree will be deposited within a period of eight weeks from today to the credit of the MVOP and the respondents - claimants can be^perrnitted to withdraw the same.

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Acceding to the said request made by the learned counsel for the .. Appellant - lnsurance Company, the appeal is dismissed as withdrawn accordingly, subject to the condition that the Appella nt-l nsu ra nce company shall deposit the balance amount as per the Order and Decree in MVOP before the Tribunal within a period of eight weeks from today along with proportionate interest upto the date of deposit and balance of costs (if any). Upon the Appellant - Insurance Company making such deposit, the claimants are permitted to withdraw the said amount by filing necessary petitions/applications before the Tribunal. pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

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Sd/-I.NAGA LAK ASSISTANT REGI RAR ,TRUE COPY'

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SECTION OFFICER

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To 1. The Chairman, N/otor Accidents Claims Tribunal -cum- XXV Additional Chief Judge, City Civil Court, at Hyderabad.

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M/s.lClCl Lombard General lnsurance Company Limited, Resp. by its I/anager, Osman P|aza, 3'd Floor, Road No.1, Banjara Hills, Panjagutta, Hyderabad.^-

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One CC to Sri Katta Laxmi Prasad, Advocate (OPUC) 4. One CC to Sri G,V.Rayudu, Advocate (OPUC) 5. Two CD Copies \ \ \ KJ >*F

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HIGH COURT

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DATED:10/'l^1/2020

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¶35

ORDER

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MACMA.No.485^{of 2019}

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DISMISSED AS WITHDRAWN.

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@ #,ff

M/s.Icici Lombard General Insurance Company Limited v. M.Laxmi Kanth

Case brief

What is this about?

What did the court decide?

M/s.Icici Lombard General Insurance Company Limited v. M.Laxmi Kanth

Case brief

What is this about?

What did the court decide?

What the court decided

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