DUDDELA REKHA v. C SURYA CHANDER RAO

Court: High Court for State of Telangana

Bench: C.V. BHASKAR REDDY

Judgment date: 2025-12-04

Case summary

High Court for State of Telangana judgment dated 2025-12-04. DUDDELA REKHA v. C SURYA CHANDER RAO. Read the judgment and case details on LawSphereX.

Judgment text

32e6 [ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY MOTOR ACCIDENT CIVIL M ISCELLANEOUS AP PEAL NO: 457 OF 2019 Appeal under section 173 of Motor Vehicre Act against the Judgment and Decree dated 18-01-2019 passed in M. V. o. p No. 56 ot 2o1q on the fite oi th. corrt of the chairman Motor Accident claims Tribunal-cum- District Judge, Nizamabad. Between: Rekha, W/o Duddeta pothanna, ? r99glq aged about 30 years. Housewife, r/o H. N0. 4-145, Kanjar village, Nizamabad Mindat and District. 2 py_dO. gta s/o D. Sayanna, aged years. . Potanna, about 40 Labour, r/o H. No. 4_ '145, Kanjar village, Nizamabad Mand-al and District' ... AppellanUAppellants AND 1 Syryq_Chqlder Rao, S/o Kanaka Q Raju, major, owner of TVS Star Motor Cycle NO AP29A!. 5833, r/o H. No 20-79, Ftat'No. 302, Srrya eraOtra i. iitayam, Dayanandnagar, Malkajigiri, Hyderabad.

2 ICICI Lombard General lnsuranqe__Company Limited, Nizamabad, represented ---by lts Branch M,anager, Branch Office, neaiSridevi Tatkies, Clt ii;i;--- Gomplex, 3rd Floor, Gandhi Chowk, Nizamabad, Nizamabad dibtrict. ... Respondents/ Respondents Counsel for the Appellants: SRI AZAR SRAVAN KUMAR Counsel for the Respondent No. 1: None appeared Counsel for the Respondent No. 2: SRI K. AJAY KUMAR The Court made the following: JUDGMENT IN THE HIGH COURT FOR THE STATE OF. TI},ANGANA AT HYDERABAD R'EDDY THE HON'BLE SRI JUSTICE C. V. BHASKAF M. A. C. M. A. No. 457 of2Ol9 DATEz 0,4. 12. 2025 Between: Duddela Rckh:r and another Pr t t ioners/ Appellants AND and another. Sri C. Sun'a Chander Rao Resporr lents/ RcsPondents JUDGMENT: Pursuant to thc request madc by the learned <'r t trsel appearing for both the partics, the matter was referred to Lok Adatar ' )n L3 O9'2025, thc matter u,us se ttled before the Lok Adalat and an a\. ,iII ( dated 13. 09. 2025 \ ras passed by the Lok Adalat.

In vicw ol the above, the M. A. C. M. A is disposcr I of in tcrms of tl'rt' au'. rrd d:rtctl 13. O9. 2025 passed by the Lok Adalat. Pencling misccllaneous applications, if any, shall tand closed Thcru' shall be no or<ler as [o costs. SD/- IV, JAWAHA R REDDY ST; STANT REGISTRAR .. (t //TRUE COPY// SECTION OFFICER To, 1 . The Chairman fvlotor Accident Claims Tribunal-Cum- Drs rict Judge, N izamabad. c-Jd- 2. One CC to SRI AZAR SRAVAN KUMAR, Advocate [OI'] JC] . 3. One CC to SRI K. AJAY KUMAR, Advocate [OPUC] 4. Two CD CoPies 5. Spar (Enclosing a copy of Award Passed by Lokadalat) NVB &, - HIGH COURT DATED:0411212025 SIAIr fi-r luit () g \\i'q t L * l)5:goaTC :::::-:=: JUDGMENT MACMA. N0. 457 of 2019 MACMA DISPOSED OF INTERMS OF AIVARD PASSED BY LOK ADALAT -j rs @ t'r . f, {2" t! ii BEFORE THE , LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE FOR THE STATE OF TELANGANA, HYDERABAD. Section 19 of the Legal Services 1987 (Central Act)] -.

: [Under Authorities Act, Date:13-09-2025 SEA gNL Present:1. Hon'ble Justice G. Sri Devi, (Former Judge of High C6urt for the State of Telangana) Chairman o Smt. Guha, Advocate, HIGH COL|NT 2. Nandita 7: LOK ADA|JJ Member '* M. A. C. M. A. No. 457 of 2019 * :. i. ". I (Before the Hon'ble High Court) AGAINST M. V. O. P. No. 56 of 2O14 (On the fite of the Motor Accidents Ctaims Tribuna[ (District Judge) At Nizamabad) Between:- 1. Duddeta Rekha, W/o. Duddeta Pothanna, Aged about 30 yrs, Housewife, R/o. H. No. 4-145, Kanjar Vittage, Nizamabad MandaI and District. 2. Duddetat Potanna, S/o. D. Sayanna, Aged about 40 yrs, Labour, R/o. H. No. 4-145, Kanjar Vittage, Nizamabad Manda[ and District. ... Petitioners/Appellants AND 1. C. Surya Chander Rao, S/o. Kanaka Raju, Major, Owner of ryS Star Motor Cycte No. AP29AL5833, R/o. H. No. 20-79, Ftat No. 302, Surya Prabha Nitayam, Dayanandnagar, Matkajigiri, Hyderabad. 2.

lClcl Lombard Genera[ lnsurance Company Limited, Nizamabad, Represented by its Branch Manager, Branch Office, near Sridevi Tatkies, City Ptaza Comptex, 3'd Ftoor, Gandhi Chowk, Nizamabad, Nizamabad District. ... Respondents/ Respondents Counsel for Appettants/Ctaimants : Sri Azar Kishan Rao, Advocate, Representative of lnsurance Company : Sri Mohammed Abdut Shabbeer, Senior Manager - Legat Ctaims Counse[ for lnsurance Company : Sri K. Ajay Kumar, Advocate This appeal having been referred for setttement before this Lok Adatat and after hearing the Learned Counsel for the parties and atso the parties, the fottowing award is passed: AWARD Compensation Rs. 3,90,000/-(Rupees Three [akhs ninety thousand onty) with costs Awarded and interest @ 7. 5% per annum from the date of petition titt the date by the Tribunal of deposit or reatization. l .. \ Compensa tion Th is is an appeat ftteci by the Petitioner: , :ta,mjr,ts agq-ieie,t ,s' s,) Awarded , -'.. order passed in MVOp No.

56 of ZO14 by, l-e Motor Accidents Ci; ( ^F' t (Setttement ,\ Reached) Tribunal (Principat District Judge) At Niza rabad. o in the Lok Adatat - $o Srr Mohammed Abdut Shabbeer, Senior l,\i rrager-Legat Ctaims for t Respondent Nos. 2- lnsurarice Company ha appeared before the Lo( Adatat and represented that the Appettart 'Petitioner/ Claiman t Nos. 1 & 2 have appeared before the Distrjct l-egat Servtces Authority, Nizamabad. It is reported by the R<,: londentNo. 2 lnsurarrce \ Company that during the pendency of thi: r1>peat, they have mu[ualty entered into conrpromise and setttecj the matter. As per the SER setttement, the Appettants / petitioner s I r,re agreed to receive an amount of Rs. 2,50,000/- (Rupees Two lr<hs fjfty thousand onty) o o towards fu[[ and final setttement . -he of i ctaim in addition to r. he $,1fsl,xi i i+t'::. amount atready t deposited and the lnsura-r:r: Company has agreed to State o1\ pay the same towards futt and final :etttement of the ctaim.

Accordingty, compromise is recorded and r re Award is passed before the Lok Adatat. ln view of the above said settlement, tr I Insurance Company has agreed to deposit the above said amoun: within a period of six (6) weeks from the date of receipt of copy of t ris Award, after deducting the amount that was deposited, if any. ln tr r event of default or delay in making such deposit, the Ctaimants/A tpettants are entitted to ctaim interest at7. 5%per annum as awaT(( c by the Tribunat. Apportionment of The apportionment between the Apps I ant/ Petitioner/ C lai m a n t Compensation, if any Nos. 1 and 2 shatt be made as per the -rionment appc determined by the Tribunal in M. V. O. P. No. 56 of 2014. Additional Direction (s ): The Appettants / Petitioners are entitted to the refund of cr rrt Fee paid in this case. 2- The. amount atready deposited by the lnsurance Company, i any, shatt be given credit to. 3 soon after deposit by the rnsurance ,petitioner/ctaimant company, the Appettart No.

'l and 2 are permitted to withdraw their entire share amo, ts without furnishing any security. ln token of consent for the above setttement and award, I re parties and their counsel have signed this award in our presence. ln terms of the compromise arrived at between the parti,:, this case stands disposed of. il -a t r-r . : ' {= I il il )d1 IDENTIFICATION REPORT l,' 1. t J-. Jll&l t-' J . al-,? ': * ',' t' ii. : " #":;+-r: ,' 'l ) i'l+"Ir*r\t)' ! ir,1i'l-' t,(! -id,k_i Applicant (s) Respondent (s) u'Y'51) D'84r, )" ct GENERAT O'SURAIICE -i-l o c. sr GooI I BR, CODT a TI ( 9 rEf- xc. o i' 2 z, )/ t* * 5l ,r-.. , ::;j' Counsel for applica Counselfor respondent (s) ,/ q* tt e'.. \,t\ "1 u{*" o RT HIGH MEMBER CHAIRMAN T ;i LOK *) * State 011 0 I rtdo 'Dist eryrces olity NTZAMABAD

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