Authority: High Court of Andhra Pradesh at Amaravati

Order Date: 07 February 2025

Case Overview

  • Parties: National Insurance Co. Ltd (appellant), represented by its Legal Manager; Respondents: K. Ruthwik (minor, represented by mother R. Shantha), R. Dinesh, and M/s Hotel Ramachandara (represented by Managing Partner J. Bindu).
  • The matter is a Motor Accident Civil Miscellaneous Appeal (MACMA) No.529 of 2022 filed under Order 9 Rule 9 of the CPC.
  • The original petition was dismissed on 12‑03‑2024 for non‑prosecution, effectively terminating the MACMA.
  • An application (I.A. No.1 of 2025) was filed seeking recall of the dismissal order and restoration of the MACMA to its original position.
  • Counsel for the petitioner: Sri Kiran Kumar Baligamsetti; Counsel for Respondent No.1 (Hotel Ramachandara): Sri S Varadarajulu Chetty. No objections were raised by the respondents.
  • The Court considered the affidavit supporting the application and found the cause shown to be sufficient.

Final Outcome

  • The Court allowed I.A. No.1 of 2025, thereby recalling the 12‑03‑2024 non‑prosecution order.
  • MACMA No.529 of 2022 is restored to its original number and status.
  • The record of MVOP No.106 of 2017 is to be summoned on the file of the Motor Accidents Claims Tribunal‑cum‑X Additional District Judge, Tirupati.
  • A hearing will be scheduled after the record is received.
  • The order is signed by Assistant Registrar B. Chitti Joseph and dispatched on the same date.

Topics: Motor Accident Claim, Court Order