The A.P.S.R.T.C. v. Kutukojwala Laxmi

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL Between:

The Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.) (presently Telangana State Road Transport Corporation (T.S.R.T.C.), Hyderabad ..Appellant And Katukojwala Laxmi and others ..Respondents Counsel for the appellant: Mr.A.Ravi Babu, standing counsel for T.S.R.T.C. Counsel for the respondents: Mr.K.Ramachandra Reddy The Court made the following:

CVNR, J & MSKJ, J JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This motor accident civil miscellaneous appeal is filed by the Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.) presently Telangana State Road Transport Corporation (T.S.R.T.C.) feeling aggrieved by the order and decree, dated 02.12.2015, in M.V.O.P.No.236 of 2014 on the file of the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-V Additional District Judge, Karimnagar, whereunder a sum of Rs.47,91,106/- was awarded towards compensation for the death of K.Laxminarsimha Chary.

2.

At the hearing Mr.A.Ravi Babu, learned standing counsel for T.S.R.T.C. appearing for the appellant and Mr.K.Ramachandra Reddy, learned counsel for respondent Nos.1 to 5/claimants have submitted that after the disposal of the M.V.O.P., the parties have arrived at an out of Court settlement, as per which, the appellant agreed to pay Rs.40,72,000/- (Rupees forty lakhs and seventy two thousand only) along with interest at 7.5% p.a. as awarded by the Tribunal and respondent Nos.1 to 5/claimants agreed to receive the same in full and final settlement of their claim. The learned counsel have also submitted that respondent Nos.1 to 5/claimants also agreed that the appellant need not pay costs awarded by the Tribunal and that the proportionate sums mentioned in the order under appeal will be withdrawn by the said respondents and the balance amounts receivable by them proportionately will be kept in fixed deposits in their respective names in any nationalized bank for two years.

4.

In the light of the consensus reached between the parties and their respective counsel appearing in this case, the order under appeal is,

CVNR, J & MSKJ, J accordingly, modified to the extent indicated above and the Motor Accident Civil Miscellaneous Appeal stands disposed of. 5.

As a sequel to disposal of the appeal, M.A.C.M.A.M.P.No.4605 of 2016 filed by the appellant for interim stay shall stand disposed of as infructuous.

___________________________ C.V.NAGARJUNA REDDY, J ______________________ M.S.K.JAI SWAL, J 17th October, 2016 GHN