Telangana High Court
Yada Lingamma vs Yada Shilpa And 4 Others on 8 September, 2023
Bench: P.Sam Koshy, Laxmi Narayana Alishetty
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
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withdrawn the entire amount awarded by the Tribunal along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withdrawn entire amount deposited by the insurance company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
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the claimant to redeposit the amount withdrawn by her.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
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
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
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
