Dismissed

Ranabothu Narsi Reddy v. Shaik Moulali

Telangana HC14 Jul 2023MACMA/2751/2008

Case brief

AI extract

What is this about?

Hon'ble Single Judge of the Telangana High Court dismissed an appeal by a motor accident claimant. The Tribunal had rejected the claim, finding the rider was intoxicated, unstable, and unlicensed. The High Court found no reason to interfere with the Tribunal's decision. No order as to costs.

What did the court decide?

The Motor Accidents Civil Miscellaneous Appeal was dismissed without costs.

Ranabothu Narsi Reddy Vs Shaik Moulali — Motor Accident Claims | Telangana HC (2023)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

FRIDAY,THE FOURTEENTH DAYOF JULY TWO THOUSAND AND TWENTYTHREE

¶3

PRESENT

¶4

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

¶5

MACM A NO.27s{ OF 2008

¶6

Appeal filed under Section 173 of M.V. Act, aggrieved by the order and decree dated 04.12.2006 made in MVOP No.516 OF 2OO4 (Otd Op No.938 of 2oo2), on the file of the court of the chairman, Motor Accidents claims Tribunalcum- llAdditional District Judge,Nalgonda at Suryapet.

¶7

Between:

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Ranabothu Narsi Reddy S/o Gopi Reddy, Aged 30 years, Occ: Attender in Mpp, Nadigudem, R/o Krishna Nagar Viltage, Munagala mandal, Nalgonda.

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..AppellanUpetitioner

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ANO

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1 Shaik Moulali S/o Meera Saheb, aged Major, Occ: Business, Rl/o D.No.43_ 110-19, Ajithsingh Nagar, Yijayawada-14 (Owner of Hero Honda CD^,t00 SS Molor Cycle Bearing No-AP.16-H-4534)

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(Rl dismissed for default vide Court Order dated 14.07.2016)

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2 The New lndia Assurance Company Limited Office.ll, 12-11-3212, 1.t floor, Shukur Complex RR Appa Rao Street, Vijayawada- 520001 rep. by its Branch Manager (Cover Note No. 1207 49 vatid from 23.03.2001 to 22.03.2002)

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... Respondents(Respondents)

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Counsel for the Appellant(s); Sri C.Venkat Yadav, Advocate

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Counsel forthe Sole Respondent No.2: Ms. p.Satya Manjula, Advocate

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The Court delivered the following: JUDGMENT

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I I

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, rl

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HONOURABLE SMT.JUSTICE; P. SREE SUDHA

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M.A.C.M.A No.275I of 2OO8

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JUDGMENT:

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This Appeal is filed by the appellant/claimant against the judgment and decree daLed 04.72.2Cr06 passed in O.p.No.S16 of 2004 (Old O.P.No.938 of 2OO2l by the learned Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nalgonda (for short 'the Tribunal'), wherein and whereby the claim-petition hled by the appellant/claimant was dismissed.

¶24

Heard the learned counsel for the claimant-appellant and the learned Stalding Counsel for the respondent No.2-Insurance Company. Perused the material available on record.

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Learned counsel for the respondent No.2 stated that the accident occurred due to rash and negligent driving of the rider of the motor cycle as he was in intoxicated condition.

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This appeal is hled against the owner of the Hero Honda and also insurer. Respondents examined as RWs. 1 to 3 and a_lso filed investigation report ald they liled trxs.B1 to El9 on their behalf. The owner of the vehicle has refused to receive the notice.

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:'6'.-.':l

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¶29

RW1 is the Senior Assistant in New India Assurance Company Limited, RW2 is working as attender in SBH and RW3 is R.R. investigator, he stated that for conducting investigation he went to the scene of offence, the rider of the vehicle was unstable and shaky condition. He was in highly drunken condition and dashed the Guru Swaroopa Rao, as a result, he fell down and sustained injuries. He has no driving license at the time of accident. The trial Court after considering the said aspects has dismissed^the claim petition. This Court hnds no reason to interfere^{with the} same. Therefore, the order of the Tribunal is confirmed.

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Accordingly, appeal is dismissed. No order as to costs.

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Miscellaneous Petitions, if any, pending in this^Motor Accidents Civil Miscellaneous Appeal shall stand^closed.

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¶33

Sd/. MOHD SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY// 4b

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SECTION OFFICER

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To,

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The Chairman, Motor Accidents Claims Tribunal-cumll Additional District Judge,Nalgonda at Suryapet (with records)

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One CC to Sri C.Venkat Yadav, Advocate

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One CC to Ms. P.Satya Manjula, Advocate

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Two CD Copies

/n,

pr q.

I I

HIGH COURT DATED: 14.07.2023

¶44

JUDGMENT+ DECREE

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MACMA.No.2751of 2008

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1 H E s
(
,:)
tJ 0ffi 2r0 z
*

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DISMISSING THE MACMA WITHOUT COSTS

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frr't'o

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

¶51

PRESENT

¶52

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

¶53

MACMA NO.2751 0F 2008

¶54

Between:

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Ranabothu Narsi Reddy S/o Gopi Reddy, Aged 30 years, Occ: Attender in MPP, Nadigudem, R/o Krishna Nagar Village, Munagala mandal, Nalgonda.

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AppellanUPetitioner

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AND

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1- Shaik Moulali Sio Meera Saheb, aged Major, Occ: Business, Rl/o D.No.431 1 0-1 9, Ajithsingh Nagar, Vijayawada-1 4 (Owner of Hero Honda CD 100 SS Motor Cycle Bearing No.AP. 1 6-H-4534) (Rl dismissed for default vide Court Order dated 14.07.2016)

¶59

The New lndia Assurance Company Limited Office.ll, 12-11-3212, 1't floor, Shukur Complex RR Appa Rao Street, Vijayawada-520O0'1 rep. by its Branch Manager (Cover Note No. 120749 valid from 23.03.2001 lo 22.O3.2OO2)

¶60

Respondents(Respondents)

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Appeal filed under Section 173 of M.V. Act, aggrieved by the order and decree dated 04.12.2006 made in MVOP No.516 OF 2004 (Old OP No. 938 of 2002), on the file of the Court of the Chairman, Motor Accidents Claims Tribunalcum- llAdditional District Judge,Nalgonda at Suryapet.

¶62

This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Court below, the material papers in the Original Petition and upon hearing the arguments of Mr.C-Venkat Yadav, Advocate for the Appellant and Ms. P.Satya Manjula, Advocate for the 2nd Respondent .

¶63

'.r

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This Court doth order and Decree as follows:

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i ]lrt^{this Appeat be and here by} dismisserj;

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rhat rhere shal be no ordur. ";io;;;illl'ri,i, eppu"r

¶67

Sd/. MOHD SANAULLAH ANSARI ASSISTANT REGISTRAT{ //TRUE COPY// ,^w SECTION OFFICER

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To, SECTION OFFICER

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1 The Chairman, Motor Accidents Claims fribunal-cum- ll Additional District a a t s u rva p et

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+[1t3#3'3r",::

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HlGH COURT DATED: 14.07.2023

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DECREE

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MACMA.No.2751of 2008

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DISMISSING THE MACMA WITHOUT COSTS

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M^Bho (b

Ranabothu Narsi Reddy v. Shaik Moulali

Case brief

What is this about?

What did the court decide?

Ranabothu Narsi Reddy v. Shaik Moulali

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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