Cholamandalam M.S. General Insurance Co. Ltd. v. Varikuppala Ashok

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD MACMA NO. 3081 OF 2019 JUDGMENT:

This appeal is directed against the order and decree, dated 25.03.2019, passed in M.V.O.P.No.723 of 2014, by the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Nalgonda (for short 'the Tribunal'), whereby the Tribunal granted compensation of Rs.3,00,000/- with interest @ 6% per annum from the date of petition till the date of deposit, as against the claim of Rs.4,00,000/- on account of the injuries sustained by the petitioner/claimant.

2.

Heard Sri A.Ramakrishna Reddy, learned standing counsel for the appellant/insurance company and Smt. Annapurna Sreeram, learned counsel for the 1st respondent/claimant. Perused the material record.

3.

At the time of hearing, Sri A.Ramakrishna Reddy, learned standing counsel for the appellant/insurance company and Smt. Annapurna Sreeram, learned counsel for the 1st respondent/claimant stated that the subject matter in the present appeal has already been decided by this Court in MACMA.No.2775 of 2019 by judgment, dated 29.10.2019. A copy of the order of this Court in the afore-stated appeal is placed on record.

4.

In view of the submissions and the earlier orders of this Court and for the reasons alike as were mentioned in the earlier

TA,J MACMA.No.3081 of 2019 orders of this Court in the afore-stated appeal, this appeal is also allowed setting aside the order and decree dated 25.03.2019 passed in M.V.O.P.No.723 of 2014 by the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Nalgonda and remanded to the Tribunal for fresh disposal on merits by receiving documents and by conducting fair trial, if necessary and basing on the oral and documentary evidence available on record after giving opportunity to both sides and dispose of the matter, as expeditiously as possible, within a period of three (03) months from the date of receipt of a copy of this judgment. It is open for both parties to raise any other grounds available before the Tribunal. The Tribunal is at liberty to frame any other issue, if so required. There shall be no order as to costs.

Miscellaneous petitions if any, in this appeal shall stands dismissed.

________________________ T.AMARNATH GOUD, J Date: 27th November, 2019 KL