The Oriental insurance Company Ltd., v. D. Govinda Reddy
CRP/1563/2025 · 2025-09-18
B Krishna Mohan
body2025
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[ 2025 DAILYLAW 54222 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54222 (AP) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B.KRISHNA MOHAN CIVIL REVISION PETITION No’s: 1564.1562 and1563 of 2025 APHC010318332025 0^0 0^:
CIVIL REVISION PETITION NO: 1564 OF 7()7fi Petition under Article 227 of the Constitution of India dated 12.05.2025 in I.A.No.122 of 2025 in MVOP No.13 of 2019 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum-VIII Additional Judge, Chittoor, Chittoor District. against the order District BebAreen: The Oriental Insurance Company Ltd., Rep. by its Branch Manager, P.H.Road, Opp; District Court, Chittoor. ...Revision Petitioner/ Petitioner/ Respondent No.2 AND
1. D.Govinda Reddy, S/o Late Dammi Reddy Hindu, aged about 64 years, residing at Door No.28-1428/4, Kings Cross, Ramnagar Colony, Chittoor District Proprietor of Dinesh Wines, Bommasamudram Village, Gudipala Mandal, Chittoor District. Cell 949d2):628 ...Respon^nt / Respondent / Claim Petitioner
2. S.Sridevi, W/o V.Rajendra Prasad, Aged about 33 2nd Street, Lakshminagar Colony, Chittoor, A.P.-517001 Vehicle bearing No.AP-02-W-5397, Cell 9000348228. years, R/o D.No.24-31, Owner of Tipper
3. V.Sakthivelu. S/o Velan, Hindu, Driver, 189 Kothapalli H.W.Post, Kothapalli Post, Gudipala Mandal, Chittoor District. 4. P.Ganesh Kumar, S/o Raghunadhaiah, Aged about 38 years, Hindu, Driver, R/o Bandarlapalle Village, Puthalapattu Post and Mandal, Chittoor District. (Owner of TATA Ace Van Reg.No.AP-03-PB-8080)
5. P.Subrahmanyam, S/o Kesavulu, Hindu, aged about 55 years. Driver, R/o Kammaguttapalie Village, Puthalapattu Mandal, Chittoor District. Cell 9441894348
6. Smt V.Eshwaramma, W/o V.Chandrasekhar, Hindu, Owner of Tata Ace, R/o H.No.1-80, Jettigundlapalle Village HM, Samiredipalle Post, Penumur Mandal, Chittoor District. 7. Shriram General Insurance Company Ltd, E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan-302022 (Respondent No’s 3 to 5 are not necessary parties) ...Respondents/ Respondents / Respondent No’s 1,3 to 7 lA NO: 1 OF 2025 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 grant stay of all further proceedings in MVCP No. 13 of 2019 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- VIII Additional District Judge, Chittoor, pending disposal of the above revision petition.
Counsel for the Petitioner : Smt A.Jayanthi Counsel for the Respondent No.1 : Sri G.Sekhar Reddy
APHC010318412025 CIVIL REVISION PETITION NO: 1562 OF 2025 Petition under Article 227 of the Constitution of India, against the order dated 12.05.2025 in I.A.No.124 of 2025 in MVOP No.13 of 2019 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum-VIII Additional District Judge, Chittoor, Chittoor District. Between: The Oriental Insurance Company Ltd., Rep. by its Branch Manager, P.H.Road, Opp: District Court, Chittoor. ...Revision Petitioner/ Petitioner/ Respondent No.2 AND
1. D.Govinda Reddy, S/o Late Dammi Reddy, Hindu, aged about 64 residing at Door No.28-1428/4, Kings Cross, Ramnagar Colony, Chittoor District Proprietor of Dinesh Wines, Bommasamudram Village, Qudipala Mandal, Chittoor District. Cell 949027628 years ...Respondent / Respondent / Claim Petitioner
2. S.Sridevi, W/o V.Rajendra Prasad, Aged about 33 years, R/o D.No.24-31, 2nd Street, Lakshminagar Colony, Chittoor, A.P.-517001 Owner of Tipper Vehicle bearing No.AP-02-W-5397, Cell 9000348228. 3. V.Sakthivelu S/o Velan, Hindu, Driver, 189 Kothapalli H.W.Post Kothapalli Post, Gudipala Mandal, Chittoor District. 4. P.Ganesh Kumar, S/o Raghunadhaiah, Aged about 38 Driver, R/o Bandarlapalle Village, Puthalapattu Post and Mandal, Chittoor District. (Owner of TATA Ace Van Reg.No.AP-03-PB-8080)
5. P.Subrahmanyam, S/o Kesavulu, Hindu, aged about 55 Kammaguttapalie Village, Puthalapattu Mandal, Chittoor 9441894348 years, Hindu, years. Driver, R/o District. Cell
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6. Smt V.Eshwaramma, W/o V.Chandrasekhar, Hindu, Owner of Tata Ace, R/o H.No.1-80, Jettigundlapalle Village HM, Samiredipalle Post, Penumur Mandal, Chittoor District. 7. Shriram General Insurance Company Ltd, E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan-302022 (Respondent No’s 3 to 5 are not necessary parties) ...Respondents/ Respondents / Respondent No’s 1,3 to 7 r lA NO: 2 OF 2025 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 grant stay of all further proceedings in MVCP No. 13 of 2019 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum- VIII Additional District Judge, Chittoor, pending disposal of the above revision petition. Counsel for the Petitioner : Smt A.Jayanthi Counsel for the Respondent No.1 : Sri G.Sekhar Reddy APHC010318402025 CIVIL REVISION PETITION NO: 1563 OF 202.*; Petition under Article 227 of the Constitution of India, against the order dated 12.05.2025 in I.A.No.123 of 2025 in MVOP No.13 of 2019 on the file of the Chairman, Motor Accidents Claims Tribunal -Cum-VIII Additional District Judge, Chittoor, Chittoor District.
Bet>/veen: The Oriental Insurance Company Ltd., Rep. by its Branch Manager, P.H.Road, Opp: District Court, Chittoor. ...Revision Petitioner/ Petitioner/ Respondent No.2
AND
1. D.Govinda Reddy, S/o Late Dammi Reddy, Hindu, aged about 64 years, residing at Door No.28-1428/4, Kings Cross, Ramnagar Colony, Chittoor District Proprietor of Dinesh Wines, Bommasamudram Village, Gudipala Mandal, Chittoor District. Cell 949027628 ...Respondent / Respondent / Claim Petitioner
2. S.Sridevi, W/o V.Rajendra Prasad, Aged about 33 years, R/o D.No.24-31, 2:nd Street, Lakshminagar Colony, Chittoor, A.P.-517001 Owner of Tipper Vehicle bearing No.AP-02-W-5397, Cell 9000348228. 3. V.Sakthivelu, S/o Velan, Hindu, Driver, 189 Kothapalli H.W.Post, Kothapalli Post, Gudipala Mandal, Chittoor District. 4. P.Ganesh Kumar, S/o Raghunadhaiah, Aged about 38 years, Hindu, Driver, R/o Bandarlapalle Village, Puthalapattu Post and Mandal, Chittoor District. (Owner of TATA Ace Van Reg.No.AP-03-PB-8080)
5. P.Subrahmanyam, S/o Kesavulu, Hindu, aged about 55 years. Driver, R/o Kammaguttapalie Village, Puthalapattu Mandal, Chittoor District. Cell 9441894348
6. Smt V.Eshwaramma, W/g V.Chandrasekhar, Hindu, Owner of Tata Ace, R/o H.No.1-80, Jettigundlapalle Village HM, Samiredipalle Post, Penumur Mandal, Chittoor District. 7. Shriram General Insurance Company Ltd, E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan-302022 (Respondent No’s 3 to 5 are not necessary parties) ...Respondents/ Respondents / Respondent No’s 1,3 to 7 lA NO: 2 OF 2025 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 grant stay of all further proceedings in MVCP No. 13 of 2019 on the file of the
# Chairman, Motor Accidents Claims Tribunal -Cum- VIII Additional District Judge, Chittoor, pending disposal of the above revision petition.
Counsel for the Petitioner : Smt A.Jayanthi Counsel for the Respondent No.1 : Sri G.Sekhar Reddy The Court made the following common order:
APHC010318332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NOs: 1564, 1562 and 1563/2025 CIVIL REVISION PETITION NO: 1564/2025 Between: 1.THE ORINETAL INSURANCE COMPANY LTD.,, REP. BY ITS P.H.ROAD, OPP DISTRICT COURT BRANCH MANAGER, CHITTOOR. ...PETITIONER AND 1.D GOVINDA REDDY, S/0 LATE DAMMI REDDY, HINDU, AGED ABOUT 64 YEARS, RESIDING AT DOOR NO.28-1428/4, KINGS CROSS, PROPRIETOR OF DINESH WINES, BOMMASAMUDRAM VILLAGE, GUDIPALA MANDAL, CHITTOOR DISTRICT. CELL 949027628 RAMNAGAR COLONY, CHITTOOR DISTRICT 2.S SRIDEVI, W/O V.RAJENDRA PRASAD AGED ABOUT 33 YEARS, STREET, LAKSHMINAGAR COLONY, R/O D.NO.24-31 CHITTOOR, A.P.-517001 OWNER OF TIPPER VEHICLE BEARING 2ND NO.AP-02-W-5397 CELL 9000348228. 3.V SAKTHIVELU, S/0 VELAN, HINDU, DRIVER, 189 KOTHAPALLI H.W.POST, KOTHAPALLI POST, GUDIPALA MANDAL, CHITTOOR DISTRICT. 4.P GANESH KUMAR, S/0 RAGHUNADHAIAH YEARS, HINDU, DRIVER PUTHALAPATTU POST AND MANDAL, CHITTOOR DISTRICT. AGED ABOUT 38 R/O BANDARLAPALLE VILLAGE,
2 (OWNER OF TATA ACE VAN REG.NO.AP-03-PB-8080) 5.P SUBRAHMANYAM, S/0 KESAVULU YEARS. DRIVER, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT. 9441894348 HINDU, AGED ABOUT 55 R/0 KAMMAGUTTAPALIE VILLAGE, CELL 6.SMT V ESHWARAMMA, W/0 V.CHANDRASEKHAR, HINDU, AGED NOT KNOWN. OWNER OF TATA ACE, JETTIGUNDLAPALLE VILLAGE HM PENUMUR MANDAL, CHITTOOR DISTRICT. 7.SHRIRAM GENERAL INSURANCE COMPANY LTD, E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302022 ...RESPONDENT(S): R/0 H.NO.1-80, SAMIREDIPALLE POST, Counsel for the Petitioner:
1.A JAYANTHI Counsel for the Respondent(S):
1.G SEKHAR REDDY CIVIL REVISION PETITION NO: 1562/2025 Between: 1.THE ORINETAL INSURANCE COMPANY LTD.,, REP. BY ITS P.H.ROAD, OPP DISTRICT COURT, BRANCH MANAGER CHITTOOR. ...PETITIONER AND 1.D GOVINDA REDDY, S/0 LATE DAMMI REDDY, ABOUT 64 YEARS, CROSS, RAMNAGAR HINDU, AGED RESIDING AT DOOR NO.28-1428/4, KINGS COLONY, CHITTOOR DISTRICT PROPRIETOR OF DINESH WINES, BOMMASAMUDRAM VILLAGE, GUDIPALA MANDAL CHITTOOR DISTRICT. CLAIM PETITIONER . CELL 9490276287 2.S SRIDEVI, W/0 V.RAJENDRA PRASAD AGED ABOUT 33 YEARS, 2ND STREET, LAKSHMINAGAR COLONY, R/0 D.NO.24-31,
3 CHITTOOR, A.P.-517001 OWNER OF TIPPER VEHICLE BEARING NO.AP-02-W-5397 CELL 9000348228. 3.V SAKTHIVELU, S/0 VELAN, HINDU, DRIVER, 189 KOTHAPALLI H.W.POST, KOTHAPALLI POST, GUDIPALA MANDAL, CHITTOOR DISTRICT. 4.P GANESH KUMAR, S/0 RAGHUNADHAIAH, AGED ABOUT 38 YEARS, HINDU, DRIVER PUTHALAPATTU POST AND MANDAL, CHITTOOR DISTRICT. (OWNER OF TATA ACE VAN REG.NO.AP-03-PB-8080) R/0 BANDARLAPALLE VILLAGE, 5.P SUBRAHMANYAM, S/0 KESAVULU, HINDU, AGED ABOUT 55 YEARS.
DRIVER, R/0 KAMMAGUTTAPALLE VILLAGE, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT. CELL9441894348 6.SMT V ESHWARAMMA, W/0 V.CHANDRASEKHAR, HINDU, AGED R/0 H.NO.1-80, SAMIREDIPALLE POST, NOT KNOWN. OWNER OF TATA ACE, JETTIGUNDLAPALLE VILLAGE HM PENUMUR MANDAL, CHITTOOR DISTRICT. 7.SHRIRAM GENERAL INSURANCE COMPANY LTD, E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302022 ...RESPONDENT(S): Counsel for the Petitioner:
1.A JAYANTHI Counsel for the Responclent(S):
1.G SEKHAR REDDY CIVIL REVISION PETITION NO: 1563/2025 Between: 1.THE ORIENTAL INSURANCE COMPANY LTD.,, REP. BY ITS P.H.ROAD, OPP- DISTRICT COURT, BRANCH MANAGER CHITTOOR. ...PETITIONER AND
4 1.D GOVINDA REDDY, S/0 LATE DAMMI REDDY, HINDU, AGED ABOUT 64 YEARS, RESIDING AT DOOR NO.28-1428/4, KINGS CROSS, RAMNAGAR COLONY, CHITTOOR DISTRICT PROPRIETOR OF DINESH WINES, BOMMASAMUDRAM VILLAGE, GUDIPALA MANDAL, CHITTOOR DISTRICT. CELL 9490276287 2.S SRIDEVI, W/0 V.RAJENDRA PRASAD AGED ABOUT 33 YEARS, R/0 D.NO.24-31 2ND STREET, LAKSHMINAGAR COLONY, CHITTOOR, A.P.-517001 OWNER OF TIPPER VEHICLE BEARING NO.AP-02-W-5397 CELL 9000348228. 3.V SAKTHIVELU, S/0 VELAN, HINDU, DRIVER, 189 KOTHAPALLI H.W.POST, KOTHAPALLI POST, GUDIPALA MANDAL, CHITTOOR DISTRICT. 4.P GANESH KUMAR, S/0 RAGHUNADHAIAH, AGED ABOUT 38 YEARS, HINDU, DRIVER, R/0 BANDARLAPALLE VILLAGE, PUTHALAPATTU POST AND MANDAL, CHITTOOR DISTRICT. (OWNER OF TATA ACE VAN REG.NO.AP-03-PB-8080) 5.P SUBRAHMANYAM, S/0 KESAVULU, HINDU, AGED ABOUT 55 YEARS, DRIVER, R/0 KAMMAGUTTAPALLE VILLAGE, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT. CELL 9441894348 6.SMT V ESHWARAMMA, W/0 V.CHANDRASEKHAR, HINDU, AGED NOT KNOWN, OWNER OF TATA ACE, JETTIGUNDLAPALLE VILLAGE HM, PENUMUR MANDAL, CHITTOOR DISTRICT. 7.SHRIRAM GENERAL INSURANCE COMPANY LTD, E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302022 R/0 H.NO.1-80, SAMIREDIPALLE POST, ...RESPONDENT(S): Counsel for the Petitioner:
1.A JAYANTHI Counsel for the Respondent(S):
1.G SEKHAR REDDY The Court made the following:
5 / Common Order: These Revisions arise against the common order in I.A.Nos.122 of 2025, 123 of 2025 and 124 of 2025 in M.V.O.P.No.13 of 2019 on the file of Chairman, Motor Accidents Claims Tribunal-cum-VIII Additional District Judge Chittoor, dated 12.05.2025.
The Revision Petitioner is the 2^^ respondent in the main O.P., and the 1®* respondent is the claim petitioner in the O.P. The Revision Petitioner, being the Insurance Company, filed the above said I.As. to re-open the evidence,to recall R.W.1 and to receive the documents, as they were not available at the time of their evidence was adduced, as these documents are obtained
2. subsequently and as they are necessary to the proceedings of the above said O.P. to decide the respective contentions of the parties in the interest of justice. But the trial Court/Tribunal dismissed the above said I.As., on the ground that the delay was not explained properly. 3. On seeing the nature of the documents and as the liability of the Insurance Company is going to be fixed, it appears that these I.As., ought to have been allowed by the Tribunal in the interest of justice. No prejudice would cause to any of the parties if the R.W.1 is recalled and examined to mark the said documents. At the same time, due opportunity shall be given to all the parties concerned in accordance with law. 4. Accordingly, these Civil Revision Petitions are allowed by setting aside the common order passed by the Tribunal in the above said I.As. dated
6
12.05.2025. The Tribunal shall proceed with the main O.P. by giving due opportunity to all the parties concerned and after marking the documents, the same shall be decided on its own merits. The claimant is also permitted to cross-examine the R.W.1, if any, on recalling of the said witness. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. necessary As a sequel. Miscellaneous Petitions pending, if any, shall stand closed. SOI- K.KASI RAO ACHARI ASSISTANT RE^TRAR //TRUE COPY// SECTION OFFICER To
1. The Chairman, Motor Accidents Claims District Judge, Chittoor, Chittoor District. 2. One CC to Smt A.Jayanthi, Advocate [OPUC]
3.
One CC to Sri G.Sekhar Reddy, Advocate [OPUC]
4. Three CD Copies Tribunal -Cum- VIII Additional MV RAM
HIGH COURT DATED: 19/09/2025 COMMON ORDER CRP No’s: 1564,1562 and1563 of 2025 ^ 0 3 NOV 2025 'jS Sectijopx^y ALLOWING THESE CIVIL REVISION PETITIONS WITHOUT COSTS