Interlocutory application for clarification regarding interest award in Motor Accidents Claims Matter dismissed; court held no clarification required as decree stands except modified parts.
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IN THE HIGHCOURT FOR THE STATEOF TELANGANA AT HYDERABAD
TUESDAY,THE TWENTYSIXTH DAY OF NOVEIMBER TWO THOUSAND AND TWENTYFOUR
PRESENT
THE HON'BLE SRI JUSTICEP.SAM KOSHY AND THE HON'BLE SRI JUSTICEN.TUKARAMJI
t.A. NO. 1 F 2024
IN
M.A.CM. A. NO:2014 F 2012
Between:
And
.. ResPondent /APPELLANT
...RESPONDENT/ ResPondentNo. 5
lnterlocutory applicationunder Section151 CPC praying that. in the circumstances statedin ihe affidavitfiled in support of the petition,the High Court may OepteaseO to clarifywhether the enhanced amount of Rs 19, 7'1, 125^ would ;66 arriy interest @8oZp.a.from the date of petition to till date of deposit,in the interest ofjustice.
Counsel for the Petitioners:SRl.K. AJAYKUMAR
Counsel for the RespondentNo.'l:SRIM. SATISHREDDY
The Court made the following ORDER:
Heard on l.A. No. 1 ot 2024.
The present interrocutory apprication for crarification of the order dated 08-12-2023 in MACMA No. 2014 of 2012 has been fired onry so far as the clarification to the interest awarded by the Tribunal is concerned,
For two reasons, we are not inclined to pass any clarification, as according to the Bench, there is no requirement for a clarification as such.
Firstly, the decree which has been passed clearly mentions ,,that save as aforesaid, the decree of the Lower court shafi stands confirmed in att respects". This by itserf impries that other than the amount modified by the Bench while hearing of the appear, rest of the order passed by the Tribunar would remain in tact.
Secondly, for the reason that unless expressly set aside or quashed by the Bench, the interest awarded by the Tribunar wourd not be automaticafly waived, even though there is no reference to it while passing the order in an appeal.
For both the reasons, we do not find any reasons for passing the order. It is expected that the insurance company shafi abide by the order passed by this court in the appeal and also so far as the award of rribunal which has not been modified or touched by the High Court in the Appeal.
l.A.No. I of 2024 is, accordingly, disposed of.
//TRUE COPY//
Sd/- K.SREERAMA MURTHY ASSISTANT REGISTRAR
-t0
SECTION OFFICER
To, 1. The Chairman, Motor Accidents Glaims Tribunat cum I Additional District Judge, Adilabad.
HIGH COURT
DATEDi26h112024
ORDER:
t.A. NO. 1 0F 2024
IN
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MACMA.No.2014 ot 2012
DISPOSING OF TI-IE I.A. NO. I OF 2024
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1 provisions across 1 enactments
Javashree Gurve and others
The Oriental Insurance Company Ltd.
A. RamaDevi
P.SAM KOSHY
N.TUKARAMJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
