Disposed

P.Manikya v. Eslavath Chander

Telangana HC25 Jul 2023MACMA/572/2019

Case brief

AI extract

What is this about?

Motor Accident Civil Miscellaneous Appeal disposed of after settlement reached in Lok Adalat. Parties confirmed withdrawal of appeals agreeing to lower court orders. Award mandates payment of unpaid amounts with interest within one month. No costs awarded.

What did the court decide?

Matter settled in Lok Adalat; appeals withdrawn; Insurance Company to pay unpaid claim, interest, and costs within one month; court fees refunded.

P.Manikya Vs Eslavath Chander — Motor Accident Claims | Telangana HC (2023)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

TUESDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

¶3

PRESENT

¶4

THE HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU

¶5

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 572 OF 2019

¶6

Appeal Under Section 173 of Motor Vehicles Act against the order and decree in O.P.No.13 of 2O14 dated^'19.07.2018 on the file of the Court of the Chairman Motor Accident Claims Tribunal-cum-l Additional District Judge, Mahabubnagar.

¶7

Between:

¶8

P. Manikya, Wo. Sai Reddy, Age:36 years, Occ Private Employee, Rl/o Yelikicherla village of Bhoothpur Mandal.

¶9

...APPELLANT/CLAIMANT

¶10

AND

¶11

Eslavath Chander, S/o. E. Dharma Naik, Age: Major Occ: Owner of the motorcycle bearing No. AP22 AJ 7475, No. H.No.3-125, Ghanpur thanda, H/o. Ghanpurpur village and Mandal.

¶12

2 Md. Ghouse Pasha, S/o. Md. Nazir, Age: 26 years, Occ: Rider of the motorcycle bearing No.AP22 J 7475, Rl/o. Shivashakthi Nagar, Mahabubnagar.

¶13

3 National lnsurance Company Limited, represented by its Branch Manager, Near Ashok Talkies, Mahabubnagar. (Respondent No.1 remained exparte in the court below and did not contest the claim of the app€llant. Hence, he is impleaded only as proforma party and no notice is necessary to him in this appeal)

¶14

...RESPONDENTS

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Counsel for the Appellant: M/S. J. SANDHYA RANI

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Counsel forthe Respondent No.3: SMT. P. SATYA MANJULA

¶17

Counsel for the Respondent Nos.1 & 2: none appeared

¶18

The Court made the following: JUOGMENT

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THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU

¶20

M.A.C.M.A. No.572 OF 2019

¶21

JUDGMENT;

¶22

During the pendency of the appeal, the matter rvas referred to the Lok Adalat, and the same was settled before the Lok Adalat, vide Award dated 11.12.2021.

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Accordingly, this MACMA is disposed of,^jn terms of the award passed by the Lok Adalat. No order as to costs.

¶24

Consequentiy, miscellaneous petitions, il my,

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pending, in this appeal shall stand closed.

¶26

SD/. MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR

//TRUE COPY//

SE CTION OFFICER

To,

'1. The Chairman, MACT-cum-l Additional District Judge, Mahabubnagar (With Records if any)

¶31

One CC to M/s. J. SANDHYA RANI, Advocate [OpUC].

¶32

One CC to Smt. P. Satya Manjuta, Advocate tOpUCl.

¶33

Two CD Copies.

¶34

(enclosed copy of Lok Adalat Award) $-

HIGH COURT

DATED: 2510712023

JUDGMENT

MACMA.No.572 ot 2019

1 HE STA ic
( QA
(
oJ
2 ! rE[ zul a
L
* /
Dsq t ? *

¶40

DISPOSING MACMA INTISMS OF LOK ADALAT AWARD WITHoUT COSTS

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tttt<<<<<<{

BEFORE THE LOK ADALAT

¶45

HIGH COURT LEGAL SERVICES COMMITTEE

¶46

FOR THE STATE OF TELANGANA, HYDERABAD. lunder^{seclion l9 ol lheLegql ServicesAuthotiliesAcl,| 987(Cent,qlAct)l}

¶47

Date:11-12-2ou

¶48

Present: 1. Hon'ble Dr.Justice G.Yethirajulu,
(Forrner Jud8e, High Court of erstwhile Andhra Pradesh)
Chairman
SEIl, 2. Dr.J.Vijaya Lakshmi, Advocate,
a Member
(t 3.Sri M.Venkatramana.Yadav, Advocate,
t' HIGH COURT
tt LOK AD,SLAT l{ember /
i lr{AClrlA No. 2961 ot ?O18 e.571- ot 2O1g
I (Before the Hon'ble High Court)
ol-!
:
AGAII.IST
l
O.P.No. 'l 3 of 2014
i
iOn the fite of the Motor Vehicles Ctaims Tribunat-cum-Principat District Judge
i (FAC, i Addt. District Judge) Mahabubnagar)
I
MACl,lA No. 2951 af 2018
I
I
I
NationaI lnsurance Company Ltd.,
I Rep. by its Branch Manager,
Near Ashok Tatkies, Mahaboobnagar.
....Appellant/Respondent No.3
AND
1. P.Manikya, W/o. Sai Reddy, Aged 32 yrs,
i .Occ: Private Emptoyee, R/o. Yetkicherla Vittage
iof thoothpur Mandat, Mahaboobnagar Dt.
t'i,
i.. :
...RespondmUPetitioner
t-.
2.! Estavath Chander, S/o. E.Dharma Naik,
, Age: lrlajor, Occ: Owner of the Motor Cycte
.' bearing No.AP 22 AJ7475, R/o. H.No. 3-125,
., Ghanpur Thanda Vittage & Mandat,
. Mahaboobnagar Dt.
l
3. r\iohd Ghouse Pasha, S/o. Mohd. Nazir,
Age 27 yrs, Occ: Rider of the Motor cycte
bearing no. AP 27 AJ 7475,
R/o. Shivashakthi nagar,
Mahaboobnagar Dt.
...Respondents/Respo nts
0/e
A)

¶49

a"**aaaa,

¶50

BEFORE THE LOK ADALAT

¶51

HIGH COURT LEGAL SERVICES COM,I\AITTEE

¶52

FOR THE STATE OF TELANGANA, HYDERABAD. lunder^Seqlion It^{ol lhe Legql ServicesAulhoriliesAct,| 987(Cenkol Act)l}

¶53

Date: 11-12-7021

¶54

Present: l. Hon'ble Dr.Justice G.Yethirajulu, (Forme. Judge, High Court of erstwhile Andhra Pradesh) Chairman 2.Dr. J.Vijaya Lakshmi, Advocate, Member

¶55

sir, 2.Dr. J.Vijaya Lakshmi, Advocate, Member 3.Sri M.Venkatramana Yadav, Advocate, Htcli co,-iR'T' / (! LOK ADITAT Member ,v * ,/ litACl,{A No. 2961 of 2O18 & 572 ot ?O19 (Before the Hon'bte High Court) ot1

¶56

AGAINST

¶57

O.P.No. 13 of 2014

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(On the fite of the Motor Vehicles Ctaims Tribunat-cum-Principal District Judge (FAC, i Addt. District Judge) Mahabubnagar)

¶59

MACMA No. 296 t of 2018

¶60

Between:- s

¶61

National lnsurance Company Ltd., Rep. by its Branch lvlanager, Near Ashok Tatkies, lvlahaboobnagar.

¶62

...Appellant/Respondent No.3

¶63

AND
1. P.Manikya, W/o. Sai Reddy, Aged 32 yrs,
Occ: Private Emptoyee, R/o. Yetkicherla Viltage
of Bhoothpur Mandat, Mahaboobnagar Dt.

¶64

...Respondent/Petitioner

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Estavath Chander, S/o, E.Dharma Naik,
Age: Major, Occ: Owner of the Motor Cycte
bearing No.AP ZZ AJ 7475, R/o. H.No.3-125,
Ghanpur Thanda Vittage & }landat,
Mahaboobnagar Dt.
l. Mohd Ghouse Pasha, S/o. Mohd. Nazir,
Age 27 y(s, Occ: Rider of the Motor cycte
bearing no. AP 22 AJ 7475,
R/o. Shivashakthi nagar,
Mahaboobnagar Dt.
-..Res pondents/Re spon nts
0r8
1:$
curry')'/L

¶66

¶67

/t ACMA No. 572 of 7O19

4')'.& \ \

Between:-

P.Manikya, W/o. Sai Reddy, Age: 36 years, Occ: Private Emptoyee, R/o. Yetikicherta Viltage of Bhoothpur Mandat.

¶72

....Appeltant/Claimant

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AND

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'1. Estavath Chander, 5/o. E.Dharma Naik, Age: Major, Occ: Owner of the motorcycle bearing No.AP 77 N 7475, R/o. H.No.3-125, Ghanpur thanda, H/o. Ghanpurpur ViLlage & Mandat.

¶75

Mohd Ghouse Pasha, S/o. Mohd. Nazir, Age: 26 years, Occ: Rider of the motorcycte bearing no. AP 22 N7475, R/o. Shivashakthi Nagar, l(ahaboobnagar.

¶76

,} { I

¶77

¶78

Nationat lnsurance Company Limited, represented by its Branch lrlanager, Near Ashok Tatkies, Mahabubnagar.

¶79

....Respondents

¶80

Counsel for Ctaimant/Petitioner/Appettant : Sri K.Venkatesh Gupta Advocate

¶81

¶82

Counsel for Respondent No.2/lnsurance Company : Smt.P. Satya Manjula, Advocate

¶83

These appeats having been referred for setttement before this Lok Adatat and after hearin g the Learned Counset for the parties and atso the parties, t[e fottowing ay/ard is

¶84

SER
AWARD
o
HIGH COURT
LOK ADAIII lvlACMA No.2961 of 2018 has fited by the Insurance Company, ,vhereas the
,-'Ld
MACMA No. 577 ot ZO19 has fited by the Ctaimant.
slate oi1 2. During the pendancy of both the appeats, both the parties alonq with their
counse[ have represented that they decided to withdraw their respective
appeats by confirming the orders passed by the Tribunal/Lower Court.

¶85

¶86

The said representation is recorded by confirming the orders of the Lower Court/Tribunat. The amount if any remaining unpaid to the claimant,atong with interest and costs shatl be paid by the lnsurance Company within one month from the date of receipt of the award, atong with interest.

¶87

On such deposit, the Petitioner/Claimant/Appettant is p€rmitted to withdraw the ent,re amount

¶88

In view of the above representation made by Ctaimant/Petitioner and lnsurance Company, both the appeats i.e., No.2961 of 2018 & MACMA No- 572 of 2019 stand disposed of as withdrarvn.

¶89

Court fee paid on this appeat shatt be refunded. ) 7. No costs. t (t/r1ot^1""1$

P.Manikya v. Eslavath Chander

Case brief

What is this about?

What did the court decide?

P.Manikya v. Eslavath Chander

Case brief

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