Telangana High Court

CRP/1515/2024 of Mohammed Khaled Khan Vs ICICI Lombard General Insurance Company Limited on 11 September 2026

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR CIVIL REVISION PETITION NO:1515 OF 2024 Petition under Arlicle 227 of the constitution of lndia Aggrieved by the Order dated

134871

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY, THE ELEVENTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR

CIVIL REVISION PETITION NO:1515 OF 2024

Petition under Arlicle 227 of the constitution of lndia Aggrieved by the Order dated 01.07.2019 Passed in lA. No. 650 of 2019 in O.P. No. 6 of 2018 on the file of the Court of the Motor Accident Claims Tribunal Cum Principal District Judge, At N izamabad.

Between:

1. Mohammed Khaled Khan, S/o. ShabberAP Khan, Occ- RTC Driver, R:/o.# 17- 2-427, Kurmaguda, Saidabad, Hyderabad.

2. M.A. Sajeed, S/o. Mohad Abdul Aziz, Aged 30 years, Occ- Driver, R/o. H.No.

17-2-412, Kurmaguda Village, Madannapet, Saidabad, Hyderabad.

...Petitioners/Proposed Respondent No. 3 & 4

AND

1. lClCl Lombard General lnsurance Company Limited, Rep. by its Branch Manager, Branch Office, Opp- Sridevi Talkies, City Plaza Complex, lll Floor, Gandhi Chowk, Nizamabad.

2. Kale Raju, S/o. Ramulu, Age- Not known, Occ- Not known, R/o. Plot No. 114, lnjapur Turkayamjal, Hayathnagar Mandal, RangaReddy District.

...Respondents/Respondents

3. Sayyad Karishma Begam, D/o. Sayad Abjal, Aged 18 years, Occ- Household,

4. Jamila Begam, Wo. Hyder, Aged 55 years, Occ- Household, R-3 and 4 are R/o. H.No. 1-90/1, Mayapur Village, Nandipet Mandal, Nizamabad District.

...Claima nts/Petitioners/Respondents

Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all lurther proceedings in C) P No. 6 of 2018, on the file of the MOTOR ACCIDENT

(]LAIMS TRIBUNAL CUIV PRINCIPAL DISTRICT JUDGE, AT NIZAMABAD, pending disposal of the CRP.

l.A. NO: 2 OF 2024

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 Suspend the Operation 0f the lmpugned Order dated- 0110712019 in lA. No. 650 of 2019 in ().P. No. 6 of 2018, on the file of the MOTOR ACCIDENT CLAIMS TRIBUNAL CUM

I,RINCIPAL DISTRICT JUDGE, AT NIZAMABAD, pending disposal of the CRP.

Counsel for the Petitioners : Sri. B Arjun Rao Counsel for the Respondent No. 1 : Sri. Kondadi Ajay Kumar Standing Counsel Couhsel forthe RespondeRt No. 3 & 4: Sii Sridar Lonkala The Court made the following: ORDER

LA. NO: 1OF 2024

IN THE HIGH COURT FOR TIIE STATE OF TELANGANA

AT ITYDERABAD.

THE HON'BLE SRI JUSTrc; GADI PRAVEEN KUMAR

CwIL REVISION PETITION No.1515 of 2024

(CNR No.HBHCO LO237 A62024l

Date. tl-O9-2O26

Between :

Mohammed Khaled Khan and another

AND

...Petitioners

ICICI Lombard General Insurance Company Limited and 3

others.

....Respondents

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ORDER

Heard Sri B. Arjun Rao, leamed counsel fbr the levision petitioners, Sri Kondadi Ajay Kurnar', learned Standing CourNel appearing for respondent No.l, and Sri Sridhar Lonkala. learned counsel appearing for resporrdent Nos.3 and 4

2. The present Civil Revision Pelition is filed aggrieved by the impugned order dated 01 .07 .2019 passed in I.A.No.650 of 201 9 in O.P.No.06 of 2018 on the fi[e of the learned Motor Accidents Claims Tribunal-curn-Principal District Judge, Nizamabad (for short 'the Tribunal'). By the impugned order, the leamed Tribunal allowed the application fi1ed by the respondent No.1 herein under Order I Rule I 0(2) read with Section 151 of the Code of Civil

2 Procedure. 1908. 1br impleading the proposed parties as respondent Nos.3 and 4 and directed their impleadment in the main petition.

3. Aggriev.rd b1 the said order, the present Civil Revision Petition has ber:n llled

4. The learned counsel for the revision petitioners contends that the learned I ribunal. *.ithout assigning any cogent or valid reasons, allolv,:d the application filed under Order I Rule 10(2) read with Secti,rn 1 5 1 of the Code of Civil Procedure, 1 908, though the proposed parties have no manner of connection with the subject matter ol the proceedings. It is iurther contended that the leamed Tribunal. rvithc,ut aflording a proper opportunity of hearing to the revision petitioners, passed the impugned order, which is arbitrary, and illegal.

5. On the other hand, learned counsel appearing for the respondents on oral instructions fairly submitted that the claimants have alreadv arived at a settlement and the matter has been placed before the lcamed Lok Adalat. Therefore, the respondents have no subsisLing clairt rgainst the rer ision petitioners.

6. Having considerecl the rival submissions and upon perusal of the material available on record, this Court is of the vieu,that when To, the parties have alread.v arrived af n settlement as contended by the leamed courrsel for respondents, no useftil purpose would be served by irnpleading the proposed parties in the proceedings

7. In the facts and circumstanccs ofthe case, this Cou( is of the considered view that the impugned order dated 01.07.2019 passed in I.A.No.650 of 2019 in O.P.No.06 of 2018 by the learned Motor Accidents Claims Tribunal-curn-Principal District .Iudge, Nizamabad, cannot be sustained and is liable to be set aside.

8. Accordingly, the Civil Revision Petition is allowed. The impugned order dated 01 .07 .2019 passed in I.A.No.650 of 201 9 in O.P.No.06 of 201 8 by the leamed Motor Accidents Claims Tribunal-cum-Principal District Judge, Nizamabad, is hereby set aside. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pendirrg in this Civil Revision Petition shall stand closed SD/- P PROMOD NAIK, ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER '1. The Motor Accident Claims Tribunal Cum Principal District Judge, At N izamabad.

2. One CC to Sri. B Arjun Rao, Advocate [OPUC]

3. One CC to Sri. Kondadi Ajay Kumar Standing Counsel [OPUC]

4. One CC to Sri Sridar Lonkala, Advocate [OPUC]

5. Two CD Copies 4L DL

HIGH COURT DATED: 1110912026

ORDER

CRP.No.1515 ot 2024 ALLOWING THE CIVIL REVISION PETITION o 1gE S 14 14: 11 SEP 2U6 k ($( E) co *

* o,i'Si ,al r:HCQ C U4r\ \ ,1b

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