Dismissed

The New India Assurance Co. Ltd., and Another v. Bathula Kotamma , Koteswaramma and 2 Others

Telangana HC6 Nov 2023MACMA/1915/2013

Case brief

AI extract

What is this about?

This High Court dismissed the Motor Accident Civil Miscellaneous Appeal as withdrawn. The matter was settled via a Lok Adalat award dated 09.09.2023, confirming the tribunal judgment and directing the insurance company to deposit unpaid claims.

What did the court decide?

Appeal dismissed as withdrawn; Lok Adalat award passed confirming tribunal judgment; insurance company to deposit unpaid claim amount with interest.

The New India Assurance Co. Ltd., and Another Vs… — Motor Accident Claims | Telangana HC (2023)

¶1

HIGH COURT FOR THE STATE OF TELANGANA^{AT HYOERABAD}

¶2

MONDAY ,THE SIXTH DAY OF NOVEIVIBER TWO THOUSAND AND TWENTY THREE

¶3

PRESENT

¶4

THE HONOURABLE SMT JUSTICE P.SREE SUDHA

¶5

MOTOR ACCIDENT CIVIL MISCE^{LLANEOUSAPPEAL NO: 1915OF 2013}

¶6

Appeal Under Section 173 of Motor^{Vehicles Act against the order and decree} in M.A.T.O.P.No.894 of 2009 dated^{1910312012on the file of the Courtof the} chairman Motor Accident claims^{Tribunal-cum-lll Additional District Judge (FTC),} Khammam.

¶7

Between:

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The New lndia Assurance Co. Ltd.,^{Rep.by its Branch Manager K N.Reddy} Buildings, Near Santa Market,^{Tadepalligudem, West Godavari District}

¶9

The New lndia Assurance^{Co. Ltd.,Rep. by its Branch Manager Main Road} Gandhi Chowk, Narsaraopet, Guntur^District

¶10

...APPELLANTS/RESPONDENTS^{NO.2 &4}

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AND

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Bathula Kotamma @ Koteswaramma,^{D/o. Venkateswarlu} @^Venkateswara Rao, being minor Rep. by^{her father and naturalguardian B.Venkateswarlu@} Venkateswara Rao, S/o. Bixam,^{R/o. Jawaharnagar,Sathupally, Khammam} District

¶13

...RESpoNDENT/pETtrtoNER

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Nambna Veera Mohana^{Rao Sio NageswaraRao' Owner of Lorry bearing} No., AP 05 V 2347 R/o.^{Tagore Street,R.R Peta, Tadepalligudem, Postand} mandal, West Godavari District.

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Ch. Srinivas Rao S/o.^{Pedda Veeraswamy, Ownerof Lorry bearing No AP-} 07-W-7937, R/o. D.No.13-232^{Macherla post andmandal, Guntur District '} ...RESPONDENTS/RESPONDENTS^NO.1&3

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Counsel for the Appellant:^{MR. MUDDUVIJAY}

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Counsel forthe Respondent^{No.1: MR. S. CHALAPATHI RAO}

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Counsel forthe Respondents^{Nos.2&3: NONEAPPEARED}

¶19

The Court made the^{following: JUDGMENT}

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THE HONOURABLE SMTJUSTICE P. SREE SUDHA

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M.A.C. .A. No.19 15 0F 2013

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JUDGMENT:

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On 09.09.2023, the matter was settled before the

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Lok Adalat held at Hyderabad and an Award was passed by the

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Lok Adalat.

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In view of the same, the M.A.C.M.A. is disposed of in terms of the Award, dated 09.09.2023, passed by the Lok Adalat.

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There shall be no order as to costs.

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Pending miscellaneous applications, if any, shall stand

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closed.

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SD/. K. AMMAJI ASSISTNAT REGISTRAR

//TRUE COPY//

€,=---

SECTION OFFICER

To,

The Chairman, MACT-cum-lll Additional District Judge^{(FTC),Khammam} (With Records)

¶36

One CC to Mr. MUDDU VIJAY, Advocate [OPUC].

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One CC to Mr. S. CHALAPATHI RAO, Advocate [OPUC].

¶38

Two CD Copies

'.$

HIGH COURT

DATED:OGl11l2O23

JUDGMENT

MACMA.No.1915 of 2013

¶47

1 t{e S TA r€f
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DISPOSING OF THE MACMA IN TERMS OF LOK ADALAT AWARD

v'u

BEFORE THE LOK ADALAT

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HIGH COURT LEGAL SERVICES COMA,TITTEE

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(HIGH COURT FOR THE STATE OF TELANGANA, HYDERABAD)

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lUnder^{SectionI9 ol lhe legol SewicesAulhorilies Act, l?87 (CenlrolAcl)l} Date: 09-09-2023

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Present:1.Hon'ble Sri Justice G.V.Seethapathy,

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c Es
+
E:)oo
For
he S

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(Former Judge of erstwhile Andhra Pradesh High Court) Chairman,

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Smt.T.Bata Jayasree, Advocate, Member

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Sri Y. Ba(a Murati, Advocate, .Member

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lv{AClrlA. No. I 9 1 5 of 20 1 3

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(Before the Hon'ble High Court)

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AGAINST

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M.A.T.O.P.No.894 of 2009

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(On the file of the Motor Accidents Claims Tribunal lll Addt.District Judge, (F.T.C), Khammam)

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Between:

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1 . The New lndia Assurance Co. Ltd,

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Rep. by its Branch Manager, K.N.Reddy Buildings,

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Near Santa Market, Tadepattigudem, West Godavari District.

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The New lndia Assurance Co.Ltd. Rep. by it's Branch Manager, Main Road, Gandhi Chowk, Narsaraopet, Guntur District.

...APPELLANTS /

Respondent Nos.2 &4

AND

Bathuta Kotamma @ Koteswaramma, D /o. Venkateswarlu @ Venkateswara Rao,

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Aged: 13 Years, being Minor,.rep. by her Father

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and Natural Guardian Bathula Venkateswarlu @ Venkateswara Rao, S/o.Bixam, Age: 46 years, Occ: Cootie,

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R/o. Jawaharnagar, Sathupally, Khammam Dist.

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...Respondent/Petitioner

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Narnana Veera Mohana Rao, S/o.Nageswara Rao, . Aged: Adutt, Occ: Owner of Lorry bearing No. 4.P.05^-V -2347, R/o.Tagore Street, R. R. Peta, Tadepatligudem Post and Mandat, W.G.Dist.

,.r <z -NP
"i

i t.

Ch.Srinivas Rao, S/o.Pedda Veeraswamy, Age: Adutt, Occ: Owner of Lorry bearingrNo. A.P.07^{-W -7937,} R/o.Door No.13-232, Macherla Post and Mandal, Guntur District.

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...RESPONDENTS / Respondents No:1 & 3

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AWARD

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This is an appeal fited by the Appellant/ lnsurance Company.

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The Learned Counse[ for the Appettant/ lnsurance Company represented that the lnsurance Company is withdrawing the appeal fited by them.

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The said representation is recorded and the appeat is dismissed as withdrawn, confirming the Judgment and Decree of the Court/Tribunat betow. The amount if any remaining unpaid to the Claimant(s) shall be deposited by the lnsurance Company within one month from the date of receipt of the award, atong with interest.

¶89

On such deposit, the Respondents/Petitioners are permitted to withdraw their respective shares as per the apportionment and orders to be made by the Court/Tribunal below.

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This Award shall be subject to verification of cross appeat/cross objection, if any, filed by the Respondents, otherwise the parties are at tiberty to appty for recall of this Order/Award.

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Court fee paid on this appeal shatl be refunded.

¶92

No costs.

¶93

aL
For t he New lrdia Assuranc€ Co. Ltd.
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DIJLY CONSTITUTED AN'OhNEY
Appellants / Respondent Nos.2 &4/
lnsurance Company
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CHAIRMAN MEMBER MEMBER
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¶94

I I

The New India Assurance Co. Ltd., and Another v. Bathula Kotamma , Koteswaramma and 2 Others

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd., and Another v. Bathula Kotamma , Koteswaramma and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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