Telangana High Court

MACMA/110/2026 of The New India Assurance Co. Ltd., Vs Nenavath Bichu Naik on 6 February 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA CIVIL N Appeal filed under Section 173 of Motor Vehicles Act against the order and decree dated: 12-03-2025 passed in

[ 3300 J

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY, THE SIXTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

CIVIL

N

Appeal filed under Section 173 of Motor Vehicles Act against the order and decree dated: 12-03-2025 passed in M.V.O.P.No.1571 of 2021 on the file of the Court of the Motor Accidents Claims Tribunal - Cum- X Additional Chief Judge, City Civil Courts, at Hyderabad.

Between:

The New lndia Assurance Co. Ltd., Represented by its Divisional [tlanager, T.P.

New lndia Assurance Building, opposite Genpact, Phoenix Road, uppat, Hyderabad

... PETITION ER/APPE LLANT

AND

1. Nenavath Bichu Naik, S/o Nenavath Bikya Naik, Aged 50 years

2. Amngoth Devika, wo Amgoth Hari D/o Nenavath Bichu, occ: Housewife

3. Nenavath Srinu Naik, S/o Nenavath Bichu Naik. Aged 28 years

4. Nenavath Santhosh Naik, S/o Nenavath Bichu Naik, Aged 25 years

5. Nenavath Satish Naik, S/o Nenavath Bichu Naik, Aged 20 years All are RtoT-4-64, Gagan Pahad, Rajendranagar, Hyderabad

6. smt. Sundarambal, wo venkatachalam, Aged Major, occ: Lorry bearing No.

TN 52 H 2244, Rlo 4148, Pachapp Mavelipalayam Po sankari, TK sarem, Tamilnadu - 637 301

7. P. Kaliraj, S/o Pandian, Age: Major, Occ: Driver of Lorry, R/o Krishnapuram Road, Vadagaraj, Periyakulam Tk, Dist. Tamilnadu - G25 001

... RESPON DE NTS/RESPON DENTS

l.A. NO: 3 OF 20:2J

PetitionunderSectionl5lcP-Cprayinglrytlthecircumstancesstatedinthe affidavit fited in $upport of the p"tiiol, tii""nig1-g-ourt may be -ql9T:d to stay the operation of the.riJirno decreedai.l ii-og-2ozs pasied in rrn.v.o.p'No'1571 oF

zozl on the nre'Jr-'t[e-court or it.i"-uotor Accidenir-ct"i*r Tribunal -cum- X

Additional Chief 'f 'O-g",-CitV

Civil Courts' at Hyderabad'

Counsel for the Appetlant: Sri' N' Chandra Sekhar Counsel for the Respondents 1 to 5: Sri' M Viiay Reddy The Court delivered the following:'JUDGMENT

IN THE HIGH COURT FOR THE STATE OF. TELANGANA

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A

M.A.C.M.A.No. 1 10 of 2o26

'06.02.2026

Between:

The New India Assurance Co.Ltd.,

...Appellant

AND

Nenavath Bichu Naik and 6 others

. .. Respondents

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ORDER:

Thc prescnt Motr>r Accidents Civil Misce[lancous Appcal is tilcd against the order and decree dated 12.03.2025 passed in M.V.O.P.No.1571 of 2O2l on the filc of the Court o[ the lcarned Molor Accidents Claims Tribunal cum-XAdditional Chief .iudge, City Civil Cclurts, at l-lydcrabad.

2. F{card Sri N.Chandra Sckhar, learned S:-anding counsel flor Lhc appellant and Sri M.Vrjay Reddy, learnecl counsel for resporrdent Nos.1 to 5. Perused the rccord

3. When the matter is taken up for hearing, learned Standing counsel for the appeilant submits that the appellant ancl rf r ) NIIK,.I lr{.\Clt1z\_ I i(i l(,26 respondent Nos.1 to 5 have entered into cclmpromise out of court and thev havc liled a joint memo t<> that extent, wherein it is stated that the respondent Nos. i to 5 have agreed to florego an amount of Rs.2,33,500/- out of awarded amount of Rs.22,33,500/-'lhe appellant sha[ deposit an amount of Rs.2o.o0,0oo/- with interest @ 60/o per annum from thc date ,of filing of claim petition to till its realization.

4. Learned counscl fclr rcspondent Nos. I to 5 acceded to Lhe submissions madc bv le arne I Standing counsel [<lr the appr:llant.

5. [n view of the compromise entered into between the appellanl. and respondent Nos. 1 to 5, and in terms of the Joint Mt:mo filecl b1' them, this Motor Accidents Civil Miscellarleous Appeal i:; disposed of, confirming the award dated 12.o3.2o2s passed in M.v.O.l.No.157i of 2a2l on the file of the IVIoror Acci.icnt:; clarrns 'l'ribunal curn-X Additionai chief Judgt:, cit,r, Civii Court, Hyderabad, with modification to the extent that respondent Nos. I to 5 shall be entitled to a total compensati6n of Rs.2O,00,O0O/- (Rupees Tw,enty Lakhs <lnly) u,ith intercst (l!, 6%o per annum from the date of filing of the claim petition till the clate of realizatio,. The appellant/resp,ndent No.2 shall deposit the said amount within a periocl of two months from the date of J receipt of a copy of this order. on such dep.osit, respondent Nos.l to 5/petitioners are permitted to withdraw the same in accordance r,vith la'rv. There shall be no order as to costs. Miscellaneous petitions, if any, pending shal stand crosed. //TRUE COPY//

1. The Motor Accidents Claims Tribunal - Cum- X Civil Courts, at Hyderabad. (With Records if any) NtlK..l lvlAc'\14-il() .202(r ) SdI- M.JAWAHAR REDDY ASSISTANT REGISTRAR ECTION OFFICER d al Chief Judge, City To

2. One CC to Sri. Nyshadham Chandra Sekhar, Advocate IOPUC]

3. One CC to Sri. M Vrjay Reddy, Advocate IOPUC]

4. Two CD Copies a -r/

HIGH COURT NBK, J DATED: 0610212026 JUDGMENIT MACMA.No.110 of 2026 DISPOSING OF THE MACMA $TAr,f q )o(J 6t iqnn 2[20 * * l.J:. 'rJ. 0

[ 3300 I IN THE HIGH COURT FOR THE STATE OF TELANGANA

FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA I-fi1 NO Between: The New lndia Assurance Co. Ltd., Represented by its Divisional tVlanager, T.P. New lndia Assurance Building, opposite Genpact, Phoenix Road, Uppal, Hyderabad ... PETITIONER/APPELLANT AND

1. Nenavath Bichu Naik, S/o Nenavath Bikya Naik, Aged 50 years

2. Amngoth Devika, Wo Amgoth Hari D/o Nenavath Bichu, Occ: Housewife

3. Nenavath Srinu Naik, S/o Nenavath Bichu Naik. Aged 28 years

4. Nenavath Santhosh Naik, S/o Nenavath Bichu Naik, Aged 25 years

5. Nenavath Satish Naik_, S/o Nenavath Bichu Naik, Aged 20 years All are RloT-4-64, Gagan Pahad, Rajendranagar, Hyderabad

6. smt. sundarambal, wo Venkatachalam, Aged Major, occ: Lorry bearing No. TN 52 H 2244, Rlo 4148, Pachapp fr/avelipalayam Po sankari, TK salem, Tamilnadu - 637 301

7. P. Kaliraj, S/o Pandian, Age: Major, Occ: Driver of Lorry, R/o Krishnapuram Road, Vadagaraj, Periyakulam Tk, Dist. Tamilnadu - 625 601 ...RESPONDENTS/RESPONDENTS Appeal filed under Section 173 o'f Motor Vehicles Act against the order and decree dated: 12-03-2025 passed in M.V.O.P.No.1571 of 2021 on the file of the Court of the Motor Accidents Claims Tribunal - Cum- X Additional Chief Judge, City Civil Courts, at Hyderabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Court below and the material papers in the MVOP and upon hearing arguments of Sri. N. Chandrasekhar, Advocate for the appellant and of Sri M.Vijay Reddy, Advocate for the Respondents 1 to 5.

This Court dothr and Order Decree as follows:

1. That the IVACMA be and hereby is disposed of confirming the award dated: 121031202'.5 passed in M.V.O.P.No.1571 of 2021 on the file of the Motor Accidents Claims Tribunal-cum-X additional Chief Judge, City Civil Court , Hyderabad with modification to the extent that respondent Nos. 1 to 5 shall be entitled to a total compensation of Rs.20,00,000/- (Rupees Twenty Lakhs only) with interest @ 6Yo per annum from the date of filing of the claim petition till the date of realization;

2. That the appellanURespondent No.2 shall deposit the said amount within a period of lwo months from the date of receipt of a copy of this order;

3. That on such deposit, the respondent Nos.1 to 5t Petitioners are permitted to withdraw lhe same in accordance with law;

4. That save as aforesaid, the decree of the Tribunal shall stands confirmed in all other respects; and

5. That there, shall be no order as to costs in this appeal. Sd/. M.JAWAHAR REDDY ASSISTANT REGISTRAR /TRUE COPY// SECTION OFFICER To

1. The Motor Accidents Claims Tribunal - Cum- X Civil Courls, at Hyderabad.

2. Two CD Copies itionat Chief Judge, City

HIGH COLIRT NBK, J DATED: 06/0212026 DECREE MACMA.No.110 of 2026 DISPOSING OF THE MACMA \ 9A

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