ICICI LOMBARD GENERAL INSURANCE CO LTD., v. BEERA PARVATHI
MACMA/335/2025 · 2025-02-20
V R K Krupa Sagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49418 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49418 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DR. V R K KRUPA SAGAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 335 OF 2025 Between: ICICI Lombard General Insurance Co Ltd., Rep.by its Manager, Dwarakanagar, Visakhapatnam Dist. ...APPELLANT/ RESPONDENT No.2 AND
1. Beera Parvathi, W/o.Late Kondala Rao, Hindu, aged 43 years, R/o D.No.25-3-336, Visakhapatnam. 2. Beera Penta Venkata Satyanarayana, S/o.Late Kondala Rao, Hindu, aged 30 years, R/o D.No.25-3-336, Pedanadupuru. Pedagantyada Mandal, Visakhapatnam. 3. Beera Yadagiri Nooka Raju, S/o.Late Kondala Rao, Hindu, aged 26 years,R/o.D.No.25-3-336, Pedanadupuru. Pedagantyada Visakhapatnam. 4. Kampoara Maheswari, W/o.Appa Rao, aged 31 years, R/o.D.No.25-3 336, Pedanadupuru. Pedagantyada Mandal, Visakhapatnam. 5. Beera Papayyamma, years,R/o.D.No.25-3-336, Visakhapatnam. Pedanadupuru. Pedagantyada Mandal, Mandal, W/o.Late Pentayya, Hindu, aged 73 Pedanadupuru. Pedagantyada Mandal, ...RESPONDENT No’s 1 to 5 / CLAIM PETITIONERS
f
6. K Srinivasa Rao, S/o.Suryanarayana, Hindu, R/o Narasimha Temple Street, Anakapalli, Visakhapatnam District. ...RESPONDENT No.6/ RESPONDENT No.1 Appeal filed under Section 173 of MV Act, 1988, aggrieved by the award and decree passed in M.V.O.P.No.289 of 2012 dated 04-09-2014 passed by the MACT-cum-XIII Additional District Judge, Gajuwaka Visakhapatnam District. in This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and decree of the Tribunal and the material the appeal and upon hearing the arguments of Sri Gudi Srinivasu, Advocate for the appellant and Sri S N K Mahanthi, Advocate, for the Respondent No’s 1 to 4 papers in This Court doth order and decree as follows:
1. That the appeal be and hereby is Dismissed. 2. That there shall be no order as to costs in this Appeal SD/- K.KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// (5t&^ficer SE To,
1. The Motor Vehicles Accidents Claims Tribunal -cum-XIII Additional District Judge, Gajuwaka in Visakhapatnam District
2. Three CD Copies MV TAC
f HIGH COURT DATED; 21/02/2025 DECREE MACMA.No.335 of 2025 mjf 15 JUL 2025 ac % Ot t ^ , Gurreni section DISMISSING THE MACMA
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE 3 •SJt ■S’ a '*0«... SI m PRESENT HONOURABLE SRI JUSTICE DR.
V R K KRUPA SAGAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 335 OF 2025 Appeal filed under Section 173 of MV Act, 1988, aggrieved by the award and decree passed In M.V.O.P.No.289 of 2012 dated 04-09-2014 by the MACT-cum-XIII Additional Visakhapatnam District. Between: passed Gajuwaka in District Judge ICICI Lombard General Insurance Co Ltd., Rep.by its Manager, Dwarakanagar, Visakhapatnam Dist. ...APPELLANT/ RESPONDENT No.2 AND
1. Beera Parvathi, W/o.Late Kondala Rao D.No.25-3-336, Visakhapatnam. 2. Beera Penta Venkata Satyanarayana, S/o.Late Kondala aged 30 years, R/o D.No.25-3-336, Pedanadupuru. Pedagantyada Mandal, Visakhapatnam. 3. Beera Yadagiri Nooka Raju, S/o.Late Kondala Rao, years,R/o.D.No.25-3-336 Visakhapatnam. Hindu, aged 43 years, R/o Pedagantyada Pedanadupuru. Mandal, Rao, Hindu, Hindu, aged 26 Pedanadupuru. Pedagantyada Mandal
4. Kampoara Maheswari, W/o.Appa Rao, aged 31 years, R/o.D.No.25-3- 336, Pedanadupuru. Pedagantyada Mandal, Visakhapatnam. W/o.Late Pentayya, Hindu, aged 73 years,R/o.D.No.25-3-336, Pedanadupuru. Pedagantyada Mandal Visakhapatnam. 5. Beera Papayyamma, ...RESPONDENT No’s 1 to 5 / CLAIM PETITIONERS
6. K Srinivasa Rao, S/o.Suryanarayana, Hindu, R/o Narasimha Temple Street, Anakapalli, Visakhapatnam District. ...RESPONDENT No.6/ RESPONDENT No.1 I.A. NO: 2 OF 2015(MACMAMP. NO: 1595 OF 2015) 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 stay the execution of the order and decree passed in OP.No. 289 of 2012 dated 04/09/2014 by MACT-cum-XIII Additional District Judge, Gajuwaka, Visakhapatnam district Between:
1. Beera Parvathi W/o. Late Kondala Rao Hindu, aged 43 years, R/o.D.No.25-3-336, Pedanadupuru, Pedagantyada (M), Visakhapatnam dist., (Wife of the deceased)
2. B. Penta Venkata Satyanarayana S/o. Late Kondala Rao, 27 years, R/o-do- (Son of the deceased)
3. Beera Yadagiri Nooka Raju S/o. Late Kondala Rao, years, R/o-do- (Son of the deceased)
4. Kampara Maheswari, W/o. Appa Rao, Hindu, aged 29 years, R/o-do- (Daughter of the deceased)
5. Beera Papayyamma W/o. Late Pentayya, Hindu, aged 70 (Mother of the deceased) (Died) Hindu, aged Hindu, aged 23 years, R/o-do- ...PETITIONERS/RESPONDENTS 1-5
AND
1.
ICICI Lombard Motor Insurance Company Ltd., Rep.,by its Manager Dwarakanagar, Visakhapatnam dist., (Insurer of the vehicle) ...RESPONDENT /APPELLANT
2. K.Srinivasa Rao, S/o. Suryanarayana, Hindu, aged not known, R/o.Narasimha Temple Street, Anakapalli, Visakhapatnam District ...RESPONDENT/RESPONDENT -6 I.A. NO: 1 OF 2017fMACMAMP. NO: 1933 OF 2017t 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 vacate the interim orders passed in MACMAMP No. 1595/2015 in MACMASR No.10210/2015 dated 23.04.2015 thereby permitting withdraw the amount deposited into the credit of OP No.289/2012 on the file of Chairman, Motor Accidents Claims Tribunal cum XIII Additional District and Sessions Judge, at Visakhapatnam us to Counsel for the Appellant : SRI GUDI SRINIVASU Counsel for the Respondent No’s 1 to 4 : SRI S. N. K. MAHANTHI The Court made the following JUDGMENT :
APHC010850162015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) sM' [3365] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR. V R K KRUPA SAGAR MOTOR ACCIDENT CIVIL MISCELLANFOi iq Between: Icici Lombard General Insurance Co 335 appeal NO: Ltd. ■■■APPELLANT AND Beera Parvathi And 5 Others Counsel for the Appellant:
1.GUDI SRINIVASU Counsel for the Respondent: 1.S.N.K.MAHANTHI ...RESPONDENT
2 Dr.VRKS,J M.A.CM.A.(SR).No.1021O of 2015 The Court made the following Judgment: Miscellaneous Appeal under section 173 of the Motor Vehicles Act, by the appellant-insurance Company aggrieved by the award M.V.O.P.No.289 of 2012 dated 04.09.2014 of the Motor Vehicle Accident Claims Tribunal - Cum - XIII This 1988, is filed and decree passed in learned Chairman Additional District Judge, Gajuwaka. 2.
2. Today when the matter was taken up for hearing, the learned counsel claimants/respondent Nos.1 to 5 representing through online submits the orders of this Court dated 23.04.2015, the appellant- deposited 50% of amount, which was Rs.9,61,850/- subsequent to that, the appellant-insurance Company had also deposited the remaining balance of decretal amount of Rs.11,55,048/- and the claimants withdrawn the respective amounts in accordance with the conditions for the that pursuant to Insurance Company had also prescribed in the award.
learned counsel nothing survives for further
3. According to the adjudication in this appeal
4. Recording these aspects, this appeal is dismissed. There shall be no
order as to costs.
3 Dr. VRKSJ, M.A.C.M.A.(SR).No.10210 of 20lt As a sequel, miscellaneous applications, pending, if any, shall stand closed.
SD/- K.KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Motor Vehicles Accidents Claims Tribunal -cum-XIII Additional District Judge, Gajuwaka in Visakhapatnam District [with Records if any]
2. One CC to SRI GUDI SRINIVASU, Advocate [OPUC]
3. One CC to SRI S.N.K.MAHANTHI, Advocate [OPUC]
4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravati
5. Three CD Copies MV TAC
HIGH COURT DATED: 21/02/2025
JUDGMENT + DECREE MACMA.No.335 of 2025 6?
15 JUL 2025 I IS Current Seciion DISMISSING THE MAGMA