Andhra Pradesh High Court - Amravati
The Present Application Came To Be ... vs Unknown on 10 February, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: M.A.C.M.A.No.1063 of 2019
PROCEEDING SHEET
Sl. OFFICE
ORDER
No DATE NOTE
06. 10.02.2022 CPK, J & Dr. KMR, J
I.A.No.1 of 2021
The present application came to be filed seeking
to permit the petitioner to receive the original decree
and order of Motor Accidents Claims Tribunal (II
Additional District Judge), Parvatipuram in
M.V.O.P.No.335 of 2015, which is filing along with
M.A.C.M.A.No.1063 of 2019, from the Registry of this
Hon'ble Court, to get corrected/amended and submit
the same to this Court in the said appeal.
A perusal of the material on record would show
that in the application filed under Section 166 of the
Motor Vehicles Act, it was specifically stated that the
injured by name Dandi Lokenath is in coma and he is
unable to sign and speak. Hence, his mother by name
Dandi Kusuma Kumari, W/o. Shankara Rao, R/o.
Peda Bohgili Village gave instructions to file the O.P.
and she is said to have filed O.P. But, however, the
name of Dandi Lokenath was shown as petitioner in
the cause title. The trial went on in the same fashion
and later on, the order and decree, which are the
subject matter of challenge, came to be passed.
While admitting the appeal filed by the Insurance
Company, the appellant was directed to deposit half of
the awarded amount along with proportionate interest
and complete costs and the claimant was permitted to
withdraw the said amount subject to compliance of
clause (2) of the decree. The claimant is said to have
made an application before the trial Court for
withdrawal of the same, which was objected to, having
regard to the cause title which is in the name of Dandi
Lokenath.
It is the case of the petitioner herein that the
said Lokenath is still in coma and as such his mother
filed an application, which was not accepted. Hence,
seeks permission of this Court for return of the original
order and decree enabling him to get it corrected before
the trial Court. In support of his plea, he placed on
record an order passed by learned Single Judge, in
identical circumstances, wherein it was held as under:
" M.A.C.M.A.M.P.No.4106 of 2017
Heard.
As the award of the lower Court in memo of
evidence of PW.1 clearly speaks from the deposition of
her name as G.Varaha Lakshmi and in the decree, her
name is mentioned as Bora Varalakshmi @ Anantha
Lakshmi, W/o. Bora Ananda Reddy, who is stating as
mentally unsound. Whereas, in the award/order of
the Court, the name of the petitioner is mentioned as
Mummana HeBora Ananda Reddy, that is not there of
'Mummana He' either in the main O.P. or anywhere.
Thereby, the remedy of the petitioner is to
substitute copies of decree and order herein, and take
back the original from the Registry by virtue of this
order by filing application before the learned trial
Judge and submit that same within one month from
today."
In view of the judgment of this Court, which is
not controverted or disputed by the learned counsel
appearing for the appellant-insurance company, the
petitioner shall substitute copies of the order and
decree with certified copies and tack back original from
the Registry and get the same corrected before the trial
Court within a period of two (2) months from today and
thereafter file the corrected original order and decree in
the Registry. It is needless to mention that the trial
Court shall look into the matter and after hearing all
concerned correct the cause title in accordance with
law.
________________
CPK, J
________________
Dr. KMR, J
Ivd
