Dismissed

Shriram General Insurance Company Limited v. P Manjula

Telangana HC2 Nov 2023MACMA/3409/2018

Case brief

AI extract

What is this about?

The High Court dismissed the Motor Accident Claims Miscellaneous Appeal filed by Shriram General Insurance Company. The court found no substantial evidence to support the appellant's denial of the insured vehicle's involvement in the accident and noted the existence of a criminal case against the driver, rejecting the appeal without costs.

What did the court decide?

Dismissing the Motor Accident Claims Miscellaneous Appeal and confirming the lower court judgment and decree without costs.

Shriram General Insurance Company Limited Vs P Manjula — Motor Accident Claims | Telangana HC (2023)

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[³³⁷⁹ I

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HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD

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THURSDAY ,THE SECOND^{DAYOF NOVEMBER} TWO THOUSAND AND^TWENTYTHREE

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PRESENT

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THE HONOURABLE^{SRIJUSTICE P.SAM KOSHY} AND THE HONOURABLE^{SRIJUSTICE N.TUKARAMJI}

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MOTOR ACCIDENT^{CIVIL MISCEL LANEOUS APPEAL NO: 3409OF 2018}

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Appeal Under Section^{173 of Motor VehiclesAct againstthe OrderandDecree} maa6 ln u.v.o.p.No.^{2632 0f 2014 dated 10.05.2018 0n the fiteof the court of the} chairman, Motor Accident^{claimsTribunal -cum- XXV AdditionalchiefJudge, city} Civil Court,^Hyderabad.

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Between:

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Shriram General^{lnsurance Company Limited,rep. by its Legal Otficer(T P'} Claims) office at^{lV Floor,Sai Daita Arcade, RoadNo 6, Himayatnagar'} Hyderabad-29

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...APPELLANT/RESPONDENT^No.2

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AND

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P. Manjula, W/o^{Late Malla Reddy,aged about} ]!^{Vears,Occ: Household Ri/o'} H.No.1:6-730/34,^{Ram Nagar, H/Musheerabad.Hyderabad}

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P.Venkatsimha^{Reddy, S/o LateP.Malla Reddy, aged about16.years,Occ} - Student. Ryo. H.No.1j6-730/34, Ram Nagar' H/Musheerabad, Hyderabad

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P.Raiasimha Reddv. S/o-^{Late P.Malla Reddy, aged about14 years,Occ:} - StuO6nt, H.No.1-6-730/34, Ram Nagar, H/Musheerabad, Hyderabad

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P.Sharva Reddy,^{S/o Late P Sanga Reddy, aged about 65 years,Occ NilRyo'} H.No.1$730/34,^{Ram Nagar, H/Musheerabad,Hyderabad}

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P.Padmamma, Wo^{P.Sharva Reddy, aged about 60 years, Occ Household'} Ryo. H.tto.t^{-O-Zg0/34,Ram Nagar, H/Musheerabad,Hyderabad}

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...RESPONDENTS/PETITONERS

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Counsel for the Appellant :^{Sri N. MOHAN KRISHNA}

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Counsel for Respondent Nos.^{1 to 5 :Sri V .ATCHUTA RAM}

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The Court delivered the following:^JUDGMENT

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THE HON'BLE SRI JUSTICE P.SAM KOSHY

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AND

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THE HON'BLE SRI JUSTICE N.TUKARAMJI

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M.A.C.M.A.No.3409 of 2018

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JUDGMENT:(per Hon'ble Sri htstice P.SAM KOSHY)

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Heard Mr.N.Mohan Krishna, leamed counsel for the appellant and perused the material on record.

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The present is an appeal preferred by the Shriram General Insurance Company Limited, assailing the order dated 10.05.2016 passed by Motor Accident Claims Tribunal - cum- XXV Additional Chief Judge, City Civil Court, Hyderabad in M.V.O.p.No .2632 of 20184

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Vide the impugned award, the Tribunal has awarded an amount of Rs.41,02,978/- with an interest at the rate of 8% from the date ol application till the date of decree and thereafter, at the rate ol6% till the actual payment is made.

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The challenge primary is on the ground ol doubting rhe involvement of vehicle insured by the appellants in the accident. The claimants have filed a claim application under Section I66 ol the Motor Vehicles Act, 1988, contending that the deceased p.Malla Reddy, rnet with an accidenr on 05.05.2014 when he was hit by a lorr1,., owned by Ratlavath Rarnu, the respondent No.l before the Tribunal. According to

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the leamed counsel for the appellant, initially it was a case of hit and run and it is much subsequently that the driver of the offending vehicle had surrendered himself before the concemed police station, accepting the accident to have occurred from his driving. A case was registered at Karankoti Police Station for the offences punishable under Section 304A of Indian Penal Code (for short IPC) vide Crime No.9t of 2014. The vehicle which was insured by the appetlant was a lorry bearing registration No.Ap l6 TT3958.

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However, upon perusal of the records, we do not find any substantial evidence led by the Insurance Company to substantiate their contention as regards the denial of the involvement ol olfending vehicle in the said accident in which the deceased is said to have died on 05.05.2014. The only evidence which has been led by the lnsurance Company that of the RW-1, the Manager of the [nsurance Company who had adduced the evidence so far as the insurance policy is conccmed. In the absence ofany cogent evidence on behalfofthe [nsurance Company in respect of their specific contention of the vehiclc not being involved in the accident and at the same time, the registration of the criminal case against the driver of the offending vehicle, the filing of rhc charge sheer and initiation of a criminal case against him lor the olfence punishable

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under Section 304-4 of IPC, prima facie negates the contention of the

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appellant.

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For the aforesaid reasons, we do not find any strong case made out

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by the appellant calling for an interference with the impugned award. The Appeal thus being devoid ofmerits and is accordingly rejected.

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7 As a sequel, miscellaneous applications pending if any, shall stand

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closed

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Sd/. G. SIREESHA ASSISTANT \FGERAR //TRUE COPY// u,' SECTION OFFICER

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To,

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1 The Charrman, Motor Accident Claims Tribunal -cum- XXV Addilional Chief Judge, City Civil Court, Hyderabad. (with records)

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1. One CC to Sri N. MOHAN KRISHNA, Advocate [OPUC]

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One CC to Sri V. ATCHUTA RAM, Advocate [OPUCI

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Two CD Copies KP/N .tB\

'l>.tl-

HIGH COURT

DATED:0211112023

JUDGMENT + DECREE

MACMA.No.3409 of 2018

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DISMISSING THE MACMA WITHOUT COSTS

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2A v

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

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THURSDAY,THE SECOND^{DAYOF NOVEMBER} TWO THOUSAND AND TWENTYTHREE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{P.SAM KOSHY} AND THE HONOURABLE SRI JUSTICE^N.TUKARAMJI

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MOTOR

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CIDENT CIVIL MI^{SCELLANEOUSAPPEAL NO:3409OF 2014}

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Between:

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Shriram General^{lnsurance Company Limited,rep. by its LegalOfficer (T.P.} Claims) office at lV Floor, Sai^{Datta Arcade, Road No.6,Himayatnagar,} Hyderabad-29

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...APPELLANT/RESPTONDENT^No.2

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AND

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P. Manjula, W/o^{Late MallaReddy, aged about 39 years,.Occ:Household} Rrio. H.i,lo.¹ -6-730/34,^{Ram Nagar, H/Musheerabad, Hyderabad}

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P.Venkatsimha^{Reddy, S/o LateP.Malla Reddy, aged about16.years,Occ} Student. R/o.^{H-No. 1-'6-730/34,Ram Nagar, H/Musheerabad, Hyderabad}

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P.Raiasimha^{Reddy, S/o. Late P.Malla Reddy, aged about 14 years'Occ:} Studi:nt, H. No.1-6-730/34,^{Ram Nagar, H/Musheerabad,Hyderabad}

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P.Sharva Reddy,^{S/o Late P.Sanga Reddy, aged about65 years, Occ Nil} R/o. H.No.1-6-730/34,^{Ram Nagar, H/Musheerabad,Hyderabad}

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P.Padmamma,^{W/o P.Sharva Reddy, aged about60 years, Occ} Household. R/o. H No.1-6-730/34,^{Ram Nagar, H/Musheerabad,} Hyderabad

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...RESPONDENTS/PETITONERS

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Appeal Under Section¹²³ of^{Motor VehiclesAct againstthe OrderandDecree} made in M.V.O.P.No.^{2632 of 2014 dated 10.05.2018 on the file of the Court of the} Chairman, Motor^{AccidentClaims Tribunal -cum- XXVAdditionalChiefJudge, City} Civil Court, Hyderabad

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ORDER: This appeal coming^{on for hearingand upon perusingthe groundsof} appeal, the Judgment^{and Decree of the Lower Court and the material papers in the} case and upon^{hearing the arguments of Sri N. MOHAN KRISHNA' Advocate for the} Appellant and of Srr V^{ATCHUTARAM,Advocatefor the Respondents.}

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This Court doth Judgment and decree as follows:-

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That the MACMA be and hereby is dismissed, by confirming the lower court Judgment and decree in M.V.O.P.No. 2632 ol 2014 dated 10.05.2018 on the file of the XXV Additional Chief Judge, City Civil Court, Hyderabad; and

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That there shall be no order as to costs in this appeal.

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Sd/. G. SIREESHA ASSISTANT BEGISTRAR //TRUE COPY// ./v

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SECTION OFFICER

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To,

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The Chairman, Motor Accident Claims Tribunal -cum- XXV Additional Chief Judge, City Civil Court, Hyderabad. 2. Two CD Copies KP/NJB \ - \jlr-

i ,

HIGH COURT

DATED:0211112023

DECREE

MACMA.No.3409 of 2018

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DISMISSING THE MACMA WITHOUT COSTS

Shriram General Insurance Company Limited v. P Manjula

Case brief

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Shriram General Insurance Company Limited v. P Manjula

Case brief

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