Appeal filed challenging Tribunal's finding that accident resulted from self-skidding, not external vehicle involvement. High Court dismissed appeal confirming Tribunal's order.
Motor Accident Civil Miscellaneous Appeal dismissed; no order as to costs; lower court order dated 09.07.2007 in O.P. No.215 of 2006 confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, TFIE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENry THREE
PRESENT
THE HONOURABLE SRI JUSTICE M.LAXMAN
MOTOR ACCID T CIV|L MtSCELLA NEOUS APPEAL NO: 30F 7
Appeal Under section 173 of Motor vehicres Act against the order and Decree made in o.p.No.2'rs of 2006 dated 09.07.2007 on the fire of the court of the chairman Motor Accident craims Tribunar-cum-V Additionar District & sessions Judge, Nalgonda at Miryalguda.
Between:
N' chandrasekhar, s/o. ponnaiah ARpc(No.O74) of Ar. Head euarters Hariya Mllage and Mandal Nalgonda District.
AND
...PETITIONER
...RESPONDENTS
Counsel for the Appellant: SRl. K. SREENTVAS
Counsel for the Respondent No.2: SMT. M. BHASKARA LAKSHMI
The Court made the following: JUDGMENT
THE HON'BLE SRI JUSTICE M. LAXMAN
MOTOR ACCIDENT CTVIL MISCELLANEOUS APPEAL No.2673 OF 2OO7
JUDGMENT:
l. The present Motor Accident Civil Miscellaneous Appeal is filed challenging the order and decree dated 09.07.2OO7 in O.P.No.215 of 2006 on the hle ol the Chairman, Motor Accident Claims Tribunalcum-V Additional District and Sessions Judge, Nalgonda at Miryalguda, (hereinafter referred to as Tribunal'). The said O.P. was dismissed by the Tribunal by way of common order along r.r'ith other O.Ps. The present appeal is at the instance of pctitioner belore the Tribunal
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of the jeep. Such findings of the Tribunal cannot. be interfered in the present appeal as the same do not suffer from auy illegality
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Information lieporL was issued at the instance of Reserve SubInspector of Police. The case history and injury certificates show that the accident is not because of any crime vehiclc and itis because of self-skidding of thejeep in which the appellant and other injured persons were traveling. The Tribunal has considered such lindings and rightly found that the vehicle insured by respondent No.2-insurancc company was implanted. This Court finds that there is no reason to interfere into such findings ol the Tribunal and this appeal is liable to be dismissed.
7 - Irr the resull-, the Motor Accident Civil Miscellaneous Appcal is dismissed confirming the order and decree dated 09.07.2OO7 in O.P.No.2l5 of 2O06 on the file of the Chairman, Motor Accident CIaims Tribunal-cum-V Additional District and Sessions Judge,
Nalgorrda at M in'alguda. Thcre shall be no order as [o costs Nliscellaneous pctitions pending, if any, shall stand closed
SD/. MOHD. ISMA]L ASSISTANT ERGISTRAR //TRUE COPY'/ 4/
sEcTtoN oFF|CER
sEcTtoN oFF|CER To, .1. The chairman, Motor Accidents claims Tribunal-cum-V Additional District and ^Sessions Judge, Nalgonda at lr/iryatguda (With Records if any)
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HIGH COURT
DATED:141O9t2023
JUDGMENT
STATE
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t D E p A1
MACMA.No.2673 ot 20OZ
DISMISSING MACMA WITHOUT COSTS
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENry THREE
PRESENT
THE HONOURABLE SRI JUSTICE M.LAXMAN
MOTOR ACCIDE NT CIVI L MISCELLA NEOUS APPEAL NO: 2673 oF 2007
Between:
N, Chandrasekhar, S/o. ponnaiah ARpC(No.074) of Ar Head Quarters Haliya Village and Mandal Nalgonda District.
AND
...PETITIONER
Appeat Under Section 173 of Motor Vehictes A"t ,gri;;lfhs.P3[?::H Decree made in o.P.No.2ls of 2006 dated 09.07.2007 on the fire of the court of the chairman Motor Accident craims Tribunar-cum-V Additionar District & Sessions Judge, Nalgonda at Miryalguda.
ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower court and the materiar papers in the case and upon hearing the arguments of sri. K. sreenivas, Advocate for the Appellant and of smt. M. Bhaskara Lakshmi, Advocate for the Respondent No.2.
This Court doth Order and Decree as follows
SD/. MOHD. ISMAIL ASSISTANT REGISTRAR
//TRUE COPY// $.,
SECTION OFFICER
To,
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HIGH COURT
DATED:14109t2023
DECREE
MACMA.No.2673 ol 2007
DISMISSING MACMA WTHOUT COSTS
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2 issues framed by the court
Whether the findings of the Tribunal that the accident was due to self-skidding and the crime vehicle was not involved can be interfered with.
Whether the Motor Accident Civil Miscellaneous Appeal is maintainable or liable to be dismissed.
2 provisions across 2 enactments
N. Chandrasekhar
J. Madhukar
The National Insurance Company Limited
M. Laxman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
