THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
M.A.C.M.A.No.217 OF 2022
JUDGMENT: (Per Hon'ble Dr.SA,J)
This appeal, under Section 173 of the Motor Vehicles Act, is
filed by the appellant/TSRTC aggrieved by the judgment and decree,
dated 08.02.2021, passed in M.V.O.P.No.570 of 2018 by the learned
Chairman, Motor Accidents Claims Tribunal-cum-XII Additional Chief
Judge, City Civil Court, Secunderabad, whereby, an amount of
Rs.1,04,21,177/- was granted as compensation to the respondent
No.1/petitioner (so called husband of A. Anusha (deceased)), as against the claim of Rs.1,50,00,000/-, for the death of A. Anusha in a motor accident, which occurred on 21.08.2018 at about 16:00 hours at Anantharam Bus Stage, Bhongiri, Rachakonda, due to negligent driving by the driver of the TSRTC bus bearing No.TS-09-Z-7719.
2. Heard Sri N. Praveen Reddy, learned Standing Counsel for TSRTC, appearing for the appellant/TSRTC; Sri A. Ramakrishna Reddy, learned counsel appearing for respondent No.1/petitioner and perused the record.
2 Dr.SA,J & NBK,J
M.A.C.M.A.No.217 of 2022
3. Respondent No.2 is not a necessary party to the appeal, vide cause title.
4. As seen from the material placed on record, the subject M.V.O.P. is filed by the respondent No.1 herein (so called husband of the deceased (A. Anusha)) claiming compensation due to the death of the deceased in the subject motor accident. Claiming compensation for the death of the deceased in the very same motor accident, another O.P. viz., O.P.No.2402 of 2018 pending on the file of Chairman, Motor Accidents Claims Tribunal-cum-Chief Judge, City Civil Court, Hyderabad, is filed by the claimants therein, who are contending to be the parents and sisters of the deceased.
5. Here, the pertinent question is that though both the parents of the deceased are alive, they were not made as parties to the subject M.V.O.P.No.570 of 2018. Even in the pleadings of the subject M.V.O.P. also, there is no whisper with regard to the parents of the deceased and their entitlement or non-entitlement to the compensation payable due to the death of the deceased in the subject motor accident. Further, in the pleadings of O.P.No.2402 of 2018, there is no mention with regard to the marriage between respondent No.1 herein and the deceased. These are all factual 3 Dr.SA,J & NBK,J M.A.C.M.A.No.217 of 2022 questions. To answer these factual questions between the parties to the litigation, the claimants in O.P.No.2402 of 2018 are necessary parties to the subject O.P.No.570 of 2018, but they were not made as parties to the subject O.P.No.570 of 2018. Without they being on record in the subject O.P.No.570 of 2018, the entitlement of the parties to claim compensation on account of the death of the deceased in the subject motor accident cannot be decided. Therefore, the impugned judgment and decree are liable to be set aside and both the O.Ps. are required to be clubbed together and disposed of by one Court.
6. Under these circumstances, without expressing any opinion on the merits of the matter, the impugned judgment and decree, dated 08.02.2021, passed in M.V.O.P.No.570 of 2018 by the Chairman, Motor Accidents Claims Tribunal-cum-XII Additional Chief Judge, City Civil Court, Secunderabad, are set aside, and the subject M.V.O.P.No.570 of 2018 is restored to its file. The respondent No.1 herein is directed to make the claimants in O.P.No.2402 of 2018 on the file of Chairman, Motor Accidents Claims Tribunal-cum-Chief Judge, City Civil Court, Hyderabad, as party respondents to the subject M.V.O.P.No.570 of 2018. In the interest of justice, 4 Dr.SA,J & NBK,J M.A.C.M.A.No.217 of 2022 O.P.No.2402 of 2018 is withdrawn from the file of Chairman, Motor Accidents Claims Tribunal-cum-Chief Judge, City Civil Court, Hyderabad, and transferred to the file of Chairman, Motor Accidents Claims Tribunal-cum-XII Additional Chief Judge, City Civil Court, Secunderabad. After receipt of the records in O.P.No.2402 of 2018, the learned Chairman, Motor Accidents Claims Tribunal-cum-XII Additional Chief Judge, City Civil Court, Secunderabad, is directed to determine both the O.Ps., i.e., M.V.O.P.No.570 of 2018 and O.P.No.2402 of 2018, afresh, in accordance with law, after affording opportunity to both the parties.
7. Accordingly, the appeal is disposed of.
Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. There shall be no order as to costs.
_______________________ Dr. SHAMEEM AKTHER, J _______________________ NAGESH BHEEMAPAKA, J Date: 12.10.2022 MD