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Smt.Pallapu Nirmala v. Allepu Ganganna

Court: High Court for State of Telangana

Bench: SUDDALA CHALAPATHI RAO

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2025-12-05. Smt.Pallapu Nirmala v. Allepu Ganganna. Read the judgment and case details on LawSphereX.

Judgment text

I s48s ] \ THE HIGH COURT FOR THE STATE OF TELANGANA FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUDOALA CHALAPATHI RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 329 OF 2022 '173 Appeal Under Section of [\/otor Vehicles Act against the Judgment and Decree in M. V O. P. No. 461 oI 2017 dated 28-04-2022 on the file of the Court of the Chairman Motor Accident Claims Tribunal (Principal District Judge), at Nizamabad. Between: 1. Smt. Pallapu Nirmala, Wo. Late Pallapu Peeraji, Aged about 45 years, Occ Household, 2. Pallapu Babu, S/o. Late Peeraji, Aged about 28 years, Occ. Coolie. 3. Pallapu Sai, Sio. Late Peerali, Aged about 27 years, Occ Coolie, 4. Pallapu Pushpa Raju, S/o. Late Peeraji, Aged about 23 years, Occ Coolie, All are Rio. Pattapuram, Guntur, Presently Residing at Amrad Village, Makloor Mandal, Nizamabad District. ... Ap pe lla nUPetitione r AND 1. Allepu Ganganna, S/o. Yellappa, Aged: Major. Occ: Owner of Tractor No.

AP 01 4C7178 and Trolley No. AP 36 X 73'13 R/o. H. No. 2-1-124, Gadchanda Village, Lokeshwaram Mandal, Adllabad District 2. lclCl Lombard General lnsurance Company Limited, Rep. by its Branch Manager, Branch Office, Near Sridevi Talkies, City Plaza Complex, 3rd Floor, Gandhi Chowk, Nizamabad. .. Respondents/Res pondents lA NO: 2 F 2022 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enhance the compensation amount from Rs. 12,00,000/- (Rupees Twelve Lakh only) to Rs. 15,00,000/- (Rupees Fifteen Lakhs only) in pursuance of the Order and Decree dated 28-04-2022 in M. V. O. P. No. 461 of 2017 passed by the Hon'ble Motor Accidents Claims Tribunal (Principal District Judge), at Nizamabad, in the above M. A. C. M. A. pending disposal of the above Appeal. Counsel for the Appetlants: SRI KULDEEP JADHAV Counsel for the Respondent No.

2: SRI KATTA LAXMI pRl, ;AD The Court made the following: JUDGMENT . IN THE HIGH COURT FOR THE STATE OF TELANGANA THE HOIiItsLE SRI JUSTICE SUDDALA CHALAPATHI RAO M. A. C. M. A. No. 329 OF 2022 Date: O5. 12. 2O25 Between: Smt. Pallapu Nirmala and three others .. Ettitioners AND Allepu Ganganna and another. . Sbspondents JUDGMENT: Pursuant to the request made by the leanred counsel appearing for both the parties, the matter $'as relerrcd to Lok Adalat. On 13. 09. 2b25, the matter u,as settlecl betu'een the parties and an award to that effect u,as passed by the Lok Adalat 2. ln vieu'of the above, the M. A. C. M. A. is disposed of in terms of the award, dated 13. O9. 2025, passed by the Lok Adalat. There shall be no order as to costs. As a sequel, the miscellaneous petitions perrding, il any, shall stand closed. A SD/. M JAWAHAR REDDY ASSISTANT REGISTRAR 6 //TRUE COPY// SECTION OFFICER To, 1 TheChairmanMotorAccidentClaimsTribunal(PrincipalDistrictJudge)'at Nizamabad.

tOPqC-l Z One CC to Sri Kuldeep Jadhav, Advocate - 5 o;; cc to sri Katta Laxmi Prasad, Advocate [OPUC] 4. Two CD CoPies ABK o HIGH COURT DATED: 0511212025 -it sDu- B o . J I o I ,r q JUDGMENT 0 t i\ 202 6 t. , MACMA. No. 329 of 2022 * * . l rC DISPOSED OFF IN TERMS OF AWARD PASSED BY LOK ADALAT * BEFORE THE LOK ADALAT \ HIGH COURT LEGAL SER. VICES COMIY1ITTEE FOR THE STATE OF TELANGANA, HY9ERABAD {iunder Section 19 of the Legal Services Authorities Act, 19E7 (Central Act)] Date:1 3-09-2025 Present:1. Hon'ble Justice G. Sri Devi, (Former Judge oF High Court for the State of Telnngana) Chairman 2. Smt. Nandita Guha, Advocate, Me;tber M. A. C. M. A. No. 3 29 of 2O22 (Before the Hcn'ble High Court) ^\GAINST M. V. O. P. No. 461 of 2O17 (On the fite oi the Motor Accidents Ctaims Tribunal (Principat District iu. :,ge, Ar Njr. lmabrd) Between:- 1 . Smt. Patlapu Nirmala, W/o. Late Pa[tapu Peeraji, Aged about 45 years, Occ: Househotd, 2. Pattapu Babu, 5/o.

Late Peeraji, Aged about 28 years, Occ: Cootie. 3. Pattapu Sai, S/o. Late Peeraji, Aged about 27 years, Occ: Cootie. 4. Patlapu Pushpa Raju, 5i o. Late Peeraji, Aged about 23 years, Occ: Coolie, Aii ar e R/o. Paitnpuram, Guntur, presentty residing at Amrad Vitlage, Maktoor Mandal, Nizan. rabad District. ... Appe lla n ts /Pet it ioners AND 1. Attepu Gangarrna, 5/o. Yettappa, Aged: Ma. jor, Occ: Owner of T.. actor I'lo. AP 01 AC 7178 and Trotley No. AP 36 X 7113, . 124, R/o. H. No. 2-i Cadchanda Vittage, Lokeshwaram Manc:at, Aditabad District. 2. lclCl Lonlbard Genera( lnsurance Company Limited, Rep. by its Branch Manager, Branch Officc, Near Sridevi Talkies, City Ptaza Comptex, 3'd Ftoor, Gandhi Chowk, Nizamabad. Counser ror Appeuants/craimants : sri Azar K;ff::::f::'"',::"""0""t' Counsel for Respondent No. Z/ : Ms.

Katta Srav/a, Advocate, insurance Company Representative of lnsurance Company : Sri Mohammed Abdu[ Shabbeer, Senior Manager - Legal Claims This appeal having been referred foi settlement before this Lok Adatat and after hearing the Learned Counse[ for the parties and atso the parties, the fottowing award is passed: AWARD r_ lLom pensation Rs. 11,10,000/-(Rupees E[even takhs ten thousand onty) atong with Awarded proportionate costs and interest @ 7. 5% per annum from the date of by the Tribunal fiting of the petition titt the date of reatization. ; Compedsatron Th rs rs an appeal fited by the petitio e'rs/Clai mants aggrieve Awarded Award passed in MVOp No. 46. l , (Settlement of 201 by the Motor Accidents C(ai Reached) Tribunal (Principat District Judge) A- ,,lizamabad. in the Lok Adatat. Sri Mohammed Abdut Shabbeer, Seri r Manager Legal Ctaims for the Respondent No.

Z - lnsurance Comp,t y has appeared before the Lok Adatat and represented that the Appc tan t/ petitioner/ Ctar ma nt Nos. 1 to 4 have appeared before the Di t-ict Legat Services Authority, Nizamabad. lt is reported by t t,3 Respondent No. Z-lnsurance Company that during the pendency f this Appeat, both the parties have mutuatty enlered into a settte r :nt. As per the setttement, the Appelrants / Petitroners have agrr:t,, to receive an amount of Rs. 8,24,000/- (Rupees Eight takhs tw( tty_four thousand onty) towards futt and finat setttement of their r I rim in addition to the amount atready deposited and the lnsurance _rtmpany has agreed to pay the same towards futl and finat setttenr nt of the claim. nccordingly, compromise is recorded and the case i settted before the Lok Adatat.

In view of the above said setttern(r t, the lnsurance Company has agreed to deposit the above agreed I nount within a period of six (6) weeks from the date of receipt of , co: of this Award, after deducting the amount that was deposited, if an,r ln the event of defautt or detay in making such deposit, the Ctairn r rr. s/Appettants are entit[ed to ctaim interest as awarded by the Tril> nat. Apportionment of The apportionme nt among the AppeI Compensation, nt Nos. 1 to if any 4 shatl be made as per the ap[)( rtionment determin ed by th Triburral in M. V. O. p. No. 46i of 2017 1 Add itionat Di rection (s 1 Ttre Appet(an ts / petitioners are entitted to the refur( ,:f Court Fee paid in this 2. The amount atready cleposited by uy the LllE r lnsurance surdnce Lon Co )any, credit to. if any, shatt be given 3' soon after deposit by the lnsurance company, the A: )ettant/petitioner/ctaimanr Nos. 1 to 4 are permitted to withdraw their entire sher: amounts.

rn token of consent for the above settlement and ir,rard, the parties and their counsel have signed this award in our presence. ln terms of the compromise arrived at qr between ueLween tnr parties' this case stands disposed of. N g*oi 3)3lta. ,-rDENTrFrcAroN REpoRr \altatl x*opfk,*": t 4e tu &, 0ca l;+lc+ Applicant (s) Respondent (s) , sfio P ,Y WbA Z ,€tAt r coot : a J I:ODF ( t{o 2eao ) t: lve,' 12C2t Z ( 6 * ** t ," p ? ,'$\l^Itr". Counsel for applica Counselfor respondent (s) SEF I u. --t I t t t, \ . ttl-tult * q-"4 ol CHAIRMAN MEMBER 0 NlzAiNABAD"

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.