MACMA/2333/2005 of Ranga Padma Vs Andhra Pradesh State Road Transport Corporation on 30 December 2022

COMMON ORDER:

This review petition is filed by the respondent- Andhra Pradesh StateRoad Transport Corporation seeking the review of the [judgment ]and Decreedated 3O.O7.2014.

2. The review petitioner submits that the claimants have filed an appealbefore the Hon'trle Court against the [judgment ]arld decree in O.P.No.805 of2001 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 enhancingcompensation from Rs.2,22,000/- to Rs.2,25,O00/- vide Judgment and Decree,IIJdated 06.O8.2012 as against the claim of Rs.4,O0,0O0/- and said amount wasrcaliznd by the respondents/claimants from the petitioner Corporation.3. The review petitioner further submits that respondents/claimants havesuppressed tl.e earlier Judgment and Decree in M.A.C.M.A. No.571 of 2005dated O6.08.2012, filed another Appeal M.A.C.M.A. No.2333 of 2005 againstthe very same Judgment and Decree in OP No.805 of 200 1 dated O6.0 1.2005 inthis 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 totalcompensation 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 theearlier Judgment [passed ]by this Hon'ble Court in M.A.C.M.A. No.571 of 2005and said fact of obtaining earlier Judgment and realization of the compensationamount came to knowledge [for ]thc [first ]time, [when ][verified ]their records afterfiling of EP No. 13 of 2015, and receiving notices in EP a,nd requested to reviewthe order dated 3O.07.2O [14.]

5. The learned counsel for the respondents were not disputed the said factand 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 andM.A.C. M.A. is dismissed.

As a sequel, the miscellaneous applications, if any, sha-ll stand closed.

SD/. B.S. CHIRANJEEVIJOINT REGISTRARap\SECTION OFFICER

,TRUE COPY//

To,

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

2. One CC to SRl. CHANDRASEKHAR [REDDY ][GOPIREDDY' Advocate]loPUClloPUCl

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

4. Two CD Copies

VH

HIGH COURTPK, JDATED: 3011212022

6E [STAI](J4(\'(,Ir:l1)r-)12 HN [?M],l4*JUDGMENT Dal.A. No.2 of 2016IN/ANDMACMA.No.2333 of 2005DISMISSING THE MACMA{2)D

IN THE HIGH COURT FOR THE STATE [OF ]TELANGANAAT HYDERABAD

FRIDAY. THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE PULLA KARTHIKl.A.No.2 OF 2016

IN/AND

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 andnatural guardian i.e. Respondent No.1 i.e. Ranga Padma)natural guardian i.e. Respondent No.1 i.e. Ranga Padma)

(All R/o. Seetharampuram Locality of Miyralaguda Town and NalgondaDistrict.)

...RESPONDENTS/APPELLANTS/RESPONDENTS

Petition under Order 47, Rule ['1 ]of CPC praying that in the crrcumstancesstated in the Memorandum of Grounds, the High Court may be pleased to allowthe 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

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 andnatural Guardian)All are R/o. Seetharampuram Locality of Miyralaguda Town and NalgondaDistrict ...A,'ELLANTS/.LATMANTSANDAndhra Pradesh State Road TransportCorporation, Musheerabad,Hyderabad. rep. by its General Manager

...RESPONDENTS/RESPONDENTS

Appeal filed under Section 173 of Motor Vehicles Act, aggrieved by theorder dated 06-01-2005 made in O.P.No. 805 of 2001 on the file of theChairman, Motor Accident Claims Tribunal-Cum-1'r Additional District Judge atNalgonda This appeal coming on for hearing and upon perusing the Memorandum ofAppeal, the order of the Lower Court and the material papers in the case, andupon hearing the arguments of Sri CHANDRASEKHAR REDDY GOPIREDDY,Advocate for the Respondents rn Rev. l.A. No: 2 of 2016 and Appellants inMACMA No: 2333 of 2005 and SRl. KALWAKOLU SRINIVAS, Advocate for thePetitioner 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.2333of 2005 be and hereby is dismissed; andof 2005 be and hereby is dismissed; and

2. That the previous Judgment and Decree dated 30-07-2014 made inMACMA No. 2333 of 2005 be and hereby is set aside.MACMA No. 2333 of 2005 be and hereby is set aside.

SD/- B.S. CHIRANJEEVIJOINT REGISTRARCwSECTION OFFICER

1/TRUE COPY'

To,'1 . The Motor Accident Claims Tribunal-Cum-l Additional District Judge atNalgonda

2. Two CD Copies

HIGH COURT

PK, J

DATED: 3011212022

DECREEl.A. No.2 of 2016IN/ANDMACMA.No.2333 of 2005

DISMISSING THE MACMA

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