The New India Assurance Company Limited v. Rachamalla Sucharitha

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTICE M.S.K.JAISWAL M.A.C.M.A.No.2902 of 2016 DATED:- 22-12-2016 Between:

The New India Assurance Company Limited, Rep.by its Senior Divisional Manager, Legal Cell, 5-2-174/2, Madanmohan Building, II Floor, R.P.Road, Secunderabad ..... APPELLANT AND Rachamalla Sucharitha and 3 others .....RESPONDENTS COUNSEL FOR THE APPELLANT : Sri T.RAMULU COUNSEL FOR RESPONDENTS : Sri I.GOPAL REDDY THE COURT MADE THE FOLLOWING:

CVNR,J & MSKJ,J MACMA.2902 of 2016 THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL M.A.C.M.A.No.2902 of 2016 JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This appeal is filed against order dated 17.06.2016 in M.V.O.P.No.2424 of 2012 on the file of the Chairman, Motor Accident Claims Tribunal-cum-XIV Additional Chief Judge (Fast Tract Court), City Civil Courts, Hyderabad (for short "the Tribunal"). On the initiative taken by this court, both parties have negotiated for an out of court settlement. They finally agreed that a sum of Rs.68,00,000/- besides payment of interest and costs on that amount will be paid by the appellant to respondents Nos.1 to 3. Mr.T.Ramulu, learned counsel for the appellant and Mr.I.Gopal Reddy, learned counsel for respondents Nos.

1 to 3 requested for modifying the order under appeal to the above effect. Accordingly, order dated 17.06.2016 in M.V.O.P.No.2424 of 2012, passed by the Tribunal, is modified by reducing the compensation payable by the appellant to respondents Nos.1 to 3 to Rs.68,00,000/- along with interest on the said amount at the rate awarded by the Tribunal, besides costs awarded by it.

The learned counsel for the appellant submitted that the appellant will deposit the said amount within two months from today before the Tribunal. Out of the amount so deposited, respondent No.1 shall be permitted to withdraw a sum of Rs.30,00,000/- and respondent No.3 shall be permitted to withdraw a sum of Rs.10,00,000/- apportioned in her favour along with interest on both the amounts. The balance amount of

CVNR,J & MSKJ,J MACMA.2902 of 2016 Rs.28,00,000/- shall be kept in Fixed Deposit in any nationalized bank in the name of respondent No.2 (minor) and such deposit shall be continued till she attains the majority.

With the above modification, the M.A.C.M.A is disposed of. As a sequel to the disposal of the appeal, MACMA MP.No.5117 of 2016, filed by the appellant for interim relief, shall stand disposed of as infructuous.

________________________ C.V.NAGARJUNA REDDY,J __________________ M.S.K.JAI SWAL,J Date: 22.12.2016 Dsr