HON'BLE SRI JUSTICE P.SAM KOSHY
AND
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
CIVIL MISCELLANEOUS APPEAL NO.80 of 2020
JUDGMENT: (Per Hon'ble Sri Justice Laxmi Narayana Alishetty)
This Appeal has been filed by the appellant aggrieved by
the Order dated 01.10.2018 passed in I.A.No.1229 of 2018 in
I.A.No.753 of 2018 in MVOP No.589 of 2010 on the file of XXVII
Additional Chief Judge, City Civil Court, Secunderabad.
2. The Tribunal vide order dated 16.05.2017 passed in
MVOP No.589 of 2010 awarded the compensation of
Rs.20,00,000/- to the mother of the deceased. The Tribunal
permitted the mother of the deceased to withdraw a sum of
Rs.10,00,000/- immediately and directed the remaining amount
to be kept in fixed deposit in any nationalized bank for three
years.
3. Aggrieved by the order dated 16.05.2017, wife of the
deceased, who is respondent no.5 in MVOP No.589 of 2010, filed
appeal vide MACMA No.2508 of 2017, specifically challenging 2 the order of Tribunal with regard to non-awarding of compensation amount to her. She also filed MACMA MP No.4459 of 2017 for stay of judgment and decree dated 16.05.2017. Hon'ble single Judge of this Court vide order dated 22.09.2017 in MACMA MP No.4459 of 2017 had permitted the mother of the deceased (claimant in MVOP No.589 of 2010) to withdraw only a sum of Rs.5,00,000/- as against the order of the MACT permitting her to withdraw a sum of Rs.10,00,000/-.
4. It appears that the claimant in MVOP No.589 of 2010 had withdrawn the entire amount awarded by the Tribunal along with interest amounting to Rs.29 lakhs and odd, contrary to orders of the Hon'ble single Judge.
5. The wife of the deceased i.e., respondent no.5 in MVOP No.589 of 2010, filed I.A.No.1229 of 2018 in MVOP No.589 of 2010 alleging that claimant/mother of the deceased had withdrawn entire amount deposited by the insurance company along with accrued interest is in violation of the orders passed in MACMA MP No.4459 of 2017 and prayed to send the claimant to civil imprisonment for 30 days. The Tribunal vide order dated 3 01.10.2018 in I.A.No.1229 of 2018 in I.A.No.753 of 2018 in MVOP No.589 of 2010 punished the claimant to civil imprisonment for a period of three months and further directed the claimant to redeposit the amount withdrawn by her. The MACT also ordered attachment of three properties belonging to the claimant. Hence, this Appeal.
6. Heard learned counsel Sri Challa Ajay Kumar for the appellant and learned senior counsel Sri J.Prabhakar appearing on behalf of Sri T.Shyam Kumar for the respondent no.1.
7. The learned counsel for appellant would submit that the order passed by the Tribunal is erroneous, without jurisdiction and contrary to the procedure established by law. He would further submit that the Tribunal has assumed jurisdiction ignoring the fact that the alleged contempt is with regard to violation of orders of the Hon'ble High Court dated 22.09.2017 in MACMA MP No.4459 of 2017 in MACMA No.2508 of 2017 and therefore, the Tribunal ought not to have entertained the contempt proceedings. He further submitted that no contempt has been filed before the Hon'ble High Court and as such, the 4 order dated 01.10.2018 is liable to be set aside. However, he submitted that entire amount withdrawn by the appellant/ mother of the deceased, except Rs.5,00,000/-, has been re- deposited before the MACT. The learned counsel for the appellant tendered unconditional apology on behalf of appellant for the contempt, if any, committed by the appellant.
8. On the other hand, learned senior counsel for the respondent no.1 did not oppose the appeal on the ground that the appellant is aged more than 80 years and she is bedridden and she is mother-in-law of the respondent no.1 and therefore, she does not wish to further prosecute the contempt proceedings at this stage.
9. Taking into consideration the submissions made by the learned counsel for the appellant as well as learned senior counsel for respondent no.1 and also in view of unconditional apology tendered by the learned counsel for the appellant on behalf of the appellant, without going into merits of the case, this Court is of the considered opinion that Appeal deserves to 5 be allowed and the order dated 01.10.2018 is liable to be set aside.
10. Accordingly, the Appeal is allowed and the order dated 01.10.2018 passed in I.A.No.1229 of 2018 in I.A.No.753 of 2018 in MVOP No.589 of 2010 is set aside. There shall be no order as to costs.
11. Pending miscellaneous applications if any shall stand closed.
____________________________________ P.SAM KOSHY,J ____________________________________ LAXMI NARAYANA ALISHEETTY,J Date: 08.09.2023 kkm 6 HON'BLE SRI JUSTICE P.SAM KOSHY AND HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL MISCELLANEOUS APPEAL NO.80 OF 2020 Date: 08.09.2023 kkm