Ranga Padma v. Andhra Pradesh State Road Transport Corporation

[3301 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK LA.No.2 OF 20'16 IN/AND MACMA NO: 2333 OF 2005 l.A. No. 2 of 2016 Between:

Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad. rep. by its General Manager ...REVIEW PETITIONER/RESPONDENT/RESPONDENT AND

1. Ranga Padma, Wo. Late Venkateshwerlu,

2. Ranga Neelima, D/o. Late Venkateshwerlu, Age: 15 years

3. Ranga Sravani, D/o. Late Venkateshwerlu, Age: 12

4. Ranga Sravya, D/o. Late Venkateshwerlu, Age. 12

5. Ranga Veladhri, S/o. Venkaiah, (Respondents No. 2 to 4 are being minors, represented their mother and natural guardian i.e. Respondent No.1 i.e. Ranga Padma) (All R/o. Seetharampuram Locality of Miyralaguda Town and Nalgonda District.) ...RESPONDENTS/APPELLANTS/RESPONDENTS Petition under Otder 47, Rule 1 of CPC praying that in the circumstances stated in the Memorandum of Grounds, the High Court may be pleased to allow the review MACMA NIP No. 2 of 2016 in MACMA No. 2333/2005 against OP.No. 805 of 200'l by reviewing the Judgment and Decree dated 30-07-2014

l.A. NO: 3 OF 2016 lN REVIEW l.A.NO. 2 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in EP No.13/2005 in OP no.805/2001 on the file of Motor Accident clarms tribunal-cum-l Additional District Judge, Nalgonda, pending disposal of Rev.tVlACIt/lA MP No2 of 20'16 in MACMA No.2333/2005 MACMA NO: 2333 OF 2005 Appeal filed under Section 173 of Motor Vehicles Act, aggrieved by the order dated 06-01-2005 made in O.P.No. 805 of 2001 on the file of the Chairman, Motor Accident Claims Tribunal-Cum-'l't Additional District Judge at Nalgonda Betweeri:

1. Ranga Padma, Wo. Late Venkateshwerlu, Age: 39 years, Occ: Household

2. Ranga Neelima, D/o. Late Venkateshwerlu, Age: 15 years

3. Ranga Sravani, D/o. Late Venkateshwerlu, Age. 12 Years

4. Ranga Sravya, D/o Late Venkateshwerlu, Age: 12 years

5. Ranga Veladhri, S/o. Venkaiah, Age: 69 Years, Occ: Retd. Teacher (the appellants No 2 to 4 are being minors represented their mother and natural Guardian) All are R/o. Seetharampuram Locality of Miyralaguda Town and Nalgonda District.

...APPELLANTS/CLAIMANTS AND Andhra Pradesh State Road Transport Hyderabad. rep. by its General Manager Corporation, [v]usheerabad, ...RESPONDENTS/RESPONDENTS Counsel for Respondents in Rev. l.A. No: 2 of 2016 and Appellants in MACMA No: 2333 of 2005:

SRl. CHANDRASEKHAR REDDY GOPIREDDY Counsel for the Petitioner in l.A. No: 2 of 2016 and Respondent in MACMA No: 2333 of 2005: SRl. KALWAKOLU SRINIVAS The Court made the following: COMMON ORDER

THE HON'BLE SRI JUSTICE PULLA KARTHIK I.A.No.2 of 2O16 In / and M.A.C.M.A. No.2333 of 2OO5 COMMON ORDER:

This review petition is filed by the respondent- Andhra Pradesh State Road Transport Corporation seeking the review of the judgment and Decree dated 3O.O7.2014.

2.

The review petitioner submits that the claimants have filed an appeal before the Hon'trle Court against the judgment arld decree in O.P.No.805 of 2001 dated 06.01.2005 on the file of the Motor Accident Claims Tribunal - curn - I Additional District Judge, Nalgonda, which was numbered as M.A.C.M.A. No.571 of 2005. The said M.A.C.M.A. was allowed in part by enhancing compensation from Rs.2,22,000/- to Rs.2,25,O00/- vide Judgment and Decree , I I dated 06.O8.2012 as against the claim of Rs.4,O0,0O0/- and said amount was J rcaliznd by the respondents/claimants from the petitioner Corporation. 3.

The review petitioner further submits that respondents/claimants have suppressed tl.e earlier Judgment and Decree in M.A.C.M.A. No.571 of 2005 dated O6.08.2012, filed another Appeal M.A.C.M.A. No.2333 of 2005 against the very same Judgment and Decree in OP No.805 of 200 1 dated O6.0 1.2005 in this Honl-rle Court through another counse[. This Hon'bte Court was pleased to I

allow appeal vide its Judgment dated 30.07.2014 by awarding a total compensation of Rs.8,39,000/- together with interest @ 8 o/o per annum. 4.

It is further submitted that the review petitioner was not aware about the earlier Judgment passed by this Hon'ble Court in M.A.C.M.A. No.571 of 2005 and said fact of obtaining earlier Judgment and realization of the compensation amount came to knowledge for thc first time, when verified their records after filing of EP No. 13 of 2015, and receiving notices in EP a,nd requested to review the order dated 3O.07.2O 14.

5.

The learned counsel for the respondents were not disputed the said fact and requested to allow the rcvicw pctition.

6.

For the reasons stated in the aflidavit, the l.A.No. 2 of 2016 is allowed. Accordingly Judgment and Decree dated 30.07.2014 is set aside and M.A.C. M.A. is dismissed.

As a sequel, the miscellaneous applications, if any, sha-ll stand closed. SD/. B.S. CHIRANJEEVI JOINT REGISTRAR ap SECTION OFFICER To, I ,TRUE COPY// \

1. The Chairman, Motor Accident Claims Tribunal-Cum-1st Additional District Judge at Nalgonda (with records)

2. One CC to SRl. CHANDRASEKHAR REDDY GOPIREDDY' Advocate loPUCl

3. One CC to SRI KALWAKOLU SRINIVAS, Advocate [OPUC]

4. Two CD Copies VH

HIGH COURT PK, J DATED: 3011212022 6E STAI ( (J4 \'(,Ir:l ,l 1) r-) 12 HN ?M * Da

JUDGMENT

l.A. No.2 of 2016 IN/AND MACMA.No.2333 of 2005 DISMISSING THE MACMA {2 )D I

I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD I I FRIDAY. THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT l THE HONOURABLE SRI JUSTICE PULLA KARTHIK l.A.No.2 OF 2016 IN/AND MACMA NO: 2333 OF 2005 l.A. No. 2 of 2016 Between:

Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad. rep. by its General Manager ...REVIEW PETITIONEFYRESPONDENT/RESPONDENT AND

1. Ranga Padma, W/o. Late Venkateshwerlu,

2. Ranga Neelima, D/o. Late Venkateshwerlu, Age. 15 years

3. Ranga Sravani, D/o. Late Venkateshwerlu, Age. 12

4. Ranga Sravya, D/o. Late Venkateshwerlu, Age. 12

5. Ranga Veladhri, S/o. Venkaiah, (Respondents No. 2 to 4 are being minors, represented their mother and natural guardian i.e. Respondent No.1 i.e. Ranga Padma) (All R/o. Seetharampuram Locality of Miyralaguda Town and Nalgonda District.) ...RESPONDENTS/APPELLANTS/RESPONDENTS Petition under Order 47, Rule '1 of CPC praying that in the crrcumstances stated in the Memorandum of Grounds, the High Court may be pleased to allow the review MACMA MP No. 2 of 2016 in MACMA No. 2333/2005 against OP.No. 805 of 2001 by reviewing the Judgment and Decree dated 30-07-2014

MACMA NO: 2333 OF 2005 Between:

1. Ranga Padma, Wo. Late Venkateshwerlu, Age. 39 years, Occ. Household

2. Ranga Neelima, D/o. Late Venkateshwerlu, Age: 15 years

3. Ranga Sravani, D/o. Late Venkateshwerlu, Age: 12 Years

4. Ranga Sravya, D/o. Late Venkateshwerlu, Age: 12 years

5. Ranga Veladhri, S/o. Venkaiah, Age. 69 Years, Occ: Retd. Teacher (the appellants No 2 to 4 are being minors represented their mother and natural Guardian) All are R/o. Seetharampuram Locality of Miyralaguda Town and Nalgonda District ...A,'ELLANTS/.LATMANTS AND Andhra Pradesh State Road Transport Hyderabad. rep. by its General Manager Corporation, Musheerabad, ...RESPONDENTS/RESPONDENTS Appeal filed under Section 173 of Motor Vehicles Act, aggrieved by the order dated 06-01-2005 made in O.P.No. 805 of 2001 on the file of the Chairman, Motor Accident Claims Tribunal-Cum-1'r Additional District Judge at Nalgonda This appeal coming on for hearing and upon perusing the Memorandum of Appeal, the order of the Lower Court and the material papers in the case, and upon hearing the arguments of Sri CHANDRASEKHAR REDDY GOPIREDDY, Advocate for the Respondents rn Rev. l.A. No: 2 of 2016 and Appellants in MACMA No: 2333 of 2005 and SRl. KALWAKOLU SRINIVAS, Advocate for the Petitioner an LA. No. 2 of 2016 and Respondent in MACMA No: 2333 of 2005 This Court doth Order and Decree as follows

1. Thatinviewof the allowing of review of l.A. No.2of 2016, MACMA No.2333 of 2005 be and hereby is dismissed; and

2. That the previous Judgment and Decree dated 30-07-2014 made in MACMA No. 2333 of 2005 be and hereby is set aside. SD/- B.S. CHIRANJEEVI JOINT REGISTRAR 1/TRUE COPY'

Cw SECTION OFFICER To, '1 . The Motor Accident Claims Tribunal-Cum-l Additional District Judge at Nalgonda

2. Two CD Copies

HIGH COURT PK, J DATED: 3011212022 DECREE l.A. No.2 of 2016 IN/AND MACMA.No.2333 of 2005 DISMISSING THE MACMA lp2)