Dismissed

United India Insurance Company Limited v. a. Laxman Rao

Telangana HC13 Mar 2023MACMA/3120/2009

Case brief

AI extract

What is this about?

This is an appeal under Section 173 of the Motor Vehicles Act against an award by the Motor Accident Claims Tribunal. The tribunal held the Insurance Company liable. Relying on the Apex Court in Uttar Pradesh State Road Transport Corporation v. Rajendran Devil, the High Court held the Appeal is dismissed. The decree of the Lower Court is confirmed.

What did the court decide?

The decree of the Chairman, Accidents Claims Tribunal dated 04/06/2008 passed in MVOP No. 352 of 2003 is confirmed and the appeal is dismissed with no order as to costs.

United India Insurance Company Limited Vs a… — Execution and Attachment | Telangana HC (2023)

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[³²³⁰ I

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IN THE HIGH^{COURT FOR THESTATE OF TELANGANA} AT HYDERABAD

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MONDAY,^{THE THIRTEENTHDAYOF MARCH} TWO THOUSAND^{AND TWENTY THREE}

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PRESENT

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THE HONOURABLE^{SMTJUSTICE LALITHA KANNEGANTI}

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MOTOR ACCI DENT CIVIL^{MISCELLANEOUS APPEALNO: 3120 OF 2009}

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AppealUnderSectionlT3ofMotorVehiclesActagainsttheorderanddecree inM.V.o.p.No.352of2003dated:04/06/2008onthefileofthecourtofthe Chrir.rn^{Motor Accident Claims Tribunal-Cum-l AdditionalChief JudgeCity Civil} Court^{Secunderabad.}

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Between:

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United lndia lnsurance^{CompanyLimiled,Represented by its Regional} Manager Basheerbagh^{X Roads, Basheerbagh, Hyderabad.}

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...APPELLANT

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AND

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A. Laxman^Rao, S/o.^{Late Ranganath Rao} @^{RangaRao, Aged about 54} years, Occ: Private Service,

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A. Pallavi, D/o.^{A. Laxman Rao, Aged about 25 years, Occ: Student}

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A. Guru Prasad, S/o.^{A. Laxman Rao, agedabout 22 years, Occ: Student,}

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(All are Rl/o. 5-4-53, Distillerty Road, Ranigunj'^{Secunderabad)}

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.^{...RESPONDENTS/PETITIONRS}

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Andhra Pradesh State^{Road Transport Corporation, Represented by its} General MAnager^{RTC Cross Roads, Musheerabad, Hyderabad'}

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...RESPONDENT/RESPONDENT^No.1

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Smt. M. Sai Jyothi^{(Major), Wo. M. Venkatrami Reddy HouseholdRl/o''1-} 81/16, Road No. 3,^{Bhavaninagar, Nacharam,}

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...RESPONDENT/RESPONDENT^No.2

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t.A O: 2 OF 2009^(MA CMAMP.^{NO:4499OF20091}

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PetitionUndersectionl5lCPCprayingthatinthecircumstancesstated in the affidavit filed^{in support of the petition, the High courtmay be pleased to}

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stay all further proceedings including execution in pursuance executton in pursuance of order and decree dated 04.06.2008 in OP.No. 35212003 on the file of the Chairman Accidents Claims Tribunal cum 1st Additional Chief Jduge, City Civil Court, Secunderabad.

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Counsel for the Appellant: SRl. SRINIVASA RAO VUTLA

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Counsel for the Respondents:

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The Court Delivered the following: JUDGMENT

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HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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M.A.C.M.A.No. 3l2O of 2OO9

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JUDGMENT:

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This is an Appeal filed by the Insurance Company aggrieved by the Award dared 04.06.2008 in O.P.No. 352 of 2003 on the file of the Chairman, Accidents Claims^{'lribunal-cum-l} Additional Chief Judge, City Civil Court, Sccunderabad, whereby the Tribunal held the Insurance Company liable and directed them to pay compensation of Rs.2,78,800/-.

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Learned Standing Counsel for the Insurance Company submits that the subject bus was hired by the RTC and once it is hired, the RTC alone is liable to pay the compensation, but however, the Tribunal held that the lnsurance Company is liable to pay the compensation.

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The issue is no longer res integra as the Hon'ble Apex Court in Uttar Pradesh Sta.te Roo;d Tro,nsport Corporation v. Rajenderi Devil. lnad held that though the vehicle is hired with the RTC, Insurance Company is liable to pay the compensation.

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In view of the ratio laid dou,n by the Hon'ble Apex Court, the Appeal is dismissed. No order as to costs.

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' 120201^{l9 SupremeCoqtCirses210}

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-rc \ '";f

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5 Pending misccllaneous petitions, if any, shall stand

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closed

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SD/. K. VENKAIAH ASSISTANT R ISTRAR //TRUE COPY//

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U SECTI FFICER

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To,

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The Chairman, Accident CIaims Tribunal Cum-l Additional Chief Judge, City Civil Court Secunderabad.

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One CC to Sri Srinivasa Rao Vutla, Advocate [OPUC]

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Two CD Copies TJ

HIGH COURT

DATED:1310312023

JUDGMENT

MACMA.No.312O of 2009

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DISMISSING THE MACMA

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IN THE HIGH COURT^{FORTHE STATE OF TELANGANA} AT HYDERABAD

¶60

IVONDAY, THE THIRTEENTH^{DAY OF MARCH} TWO THOUSAND^{AND TWENTY THREE}

¶61

PRESENT

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THE HONOURABLE^{SMT JUSTICE LALITHA KANNEGANTI}

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MOTOR ACCIDENT CIVIL^{MISCELLANEOU SAPPEALNO:3120 OF 2009}

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Between:

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United lndia lnsurance Company^{Limited, Represented by its Regional} Manager Basheerbagh X^{Roads, Basheerbagh, Hyderabad-}

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...APPELLANT

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AND

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A. Laxman Rao, S/o. Late Ranganath^Rbo @^{Ranga Rao,Agedabout 54} years, Occ: Private Service,

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A. Pallavi, D/o. A. Laxman^Rao, Aged^{about 25 years, Occ: Student}

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A. Guru Prasad, S/o. A.^{Laxman Rao, agedaboul22 years,Occ:Student,}

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(All are Fyo, 5-4-53, Distillerty Road, Ranigunj, Secunderabad)

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...RESPONDENTS/PETITIONRS

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Andhra Pradesh State Road^{Transport Corporation, Representedby its} General MAnager RTC Cross Roads, Musheerabad,^Hyderabad.

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...RESPONDENT/RESPONDENT No.1

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Smt. M. Sai Jyothi^{(Major), W/o. M. Venkatrami Reddy HouseholdRl/o. 1-} 81/16, Road No. 3, Bhavaninagar, Nacharam,

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...RESPONDENT/RESPONDENT No.2

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Appeal Under Section^'173 of^{Motor Vehicles Act against the order and decree} in M.V.O.P. No. 352 of 2003 dated:^O410612008 on^{the file of the Court of the} Chairman Motor Accident Claims Tribunal-Cum-l Additional^{Chief Judge City Civil} Court Secunderabad.

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.This^{appeal coming on for hearingand upon perusingthe groundsof appeal,} the Judgment and Decree of the Lower Court, and the malerial^{papers in lhe case} and upon hearing the arguments of Sri. V SRINIVASA^{RAO, Advocatefor the} Appellant.

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This Court doth Order and^{Decree as follows}

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This Court doth order and decree, that the decree of the court of the I^Additional Chief Judge, City Civil Court, Secunderabad and^passedin MVOP^{No. 352of 2003} dated 04/06/2008be and hereby is confirmed and the appeal^is dismissed and^that there be no order as^to costs for^thisappeal.

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SD/. K. VENKAIAH ASSISTANT B ISTRAR //TRUE COPY// sEcTlo FFICER

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To, 1. The Chairman, Accident Clarms^Tribunal Cum-l^{Additional Chief Judge,Cily} Civil Court Secunderabad.

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Two CD Copies

HIGH COURT

DATED:1310312023

DECREE

MACMA.No.3120 of 2009

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DISMISSING THE MACMA

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United India Insurance Company Limited v. a. Laxman Rao

Case brief

What is this about?

What did the court decide?

United India Insurance Company Limited v. a. Laxman Rao

Case brief

What is this about?

What did the court decide?

What the court decided

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