M/S. T.S.R.T.C. vs A. Rama Krishna
2022 Latest Caselaw 5048 Tel

       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