APHC010298152019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3505]

(Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1002/2019 Between:

1. A PSRTC, REP. BY ITS REGIONAL MANAGER, APSRTC COMPLEX, VIZIANAGARAM TOWN, VIZIANAGARAM DIST., ...APPELLANT AND

1. G UDLA SWARNA KUMARI, W/O VENKATA RAO, AGED BOUT 49 YEARS, HOUSEHOLD DUTIES, RESIDING AT D.NO. 13-45-36, NAKKA STREET, SRIKAKULAM TOWN AND DIST., 2. G UDLA SIVA PRASAD, S/O VENKATA RAO, AGED BOUT 23 YEARS, STUDENT, RESIDING AT D.NO. 13-45-36, NAKKA STREET, SRIKAKULAM TOWN AND DIST., 3. G UDLA ANASUYAMMA, W/O BYRAGI, , AGED BOUT 78 YEARS, RESIDING AT D.NO. 13-45-36, NAKKA STREET, SRIKAKULAM TOWN AND DIST., 4. J ULUMURU GOPALA RAO, S/O LATE APPALA SURI, AGED ABOUT 47 YEARS,RTC BUS DRIVER, E.NO.775289, APSRTC BUS NO. AP-30-A-0053, RESIDENT OF MANGALA VEEDHI, ETCHERLA VILLAGE AND MANDAL, SRIKAKULAM DIST., ...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toTo setting aside the Judgment and Decree passed by the Chairman, Motor Accidents Claims Tribunal - cum - Family Court - cum -

III Addl.District Judge, Srikakulam.

IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To grant stay of execution of Decree passed by the Chairman,Motor Accidents Claims Tribunal - cum - Family Court - cum - III Addl. District Judge, Srikakulam passed in M.V.O.P.No.218/2016, dated 29.03.2019.

Counsel for the Appellant:

1. K SRINIVASA PRASAD SC For APSRTC Counsel for the Respondent(S):

1.

The Court made the following judgment:

The present appeal is filed by APSRTC, aggrieved by order dated

29.03.2019, passed in MVOP No.218/2016, on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Family Court-cum-III Additional District Judge, Srikakulam.

2. For the sake of convenience, the parties are referred to as they were referred before the Tribunal.

3. The petitioners filed claim petition under Section 166 of the Motor Vehicles Act, 1988 read with rules made thereunder, claiming compensation of Rs.15,00,000/-, together with interest at the rate of 18% per annum from the date of accident till the date of realization, on account of the death of Sri Gudla Venkata Rama (herein after referred to as ‘the deceased’), who was the husband of the 1^st petitioner, father of the 2^nd petitioner and son of the 3^rd petitioner.

4. It is the case of the petitioners that on 18.11.2015, while the deceased was returning to home on his TVS XL Moped bearing registration No.AP-30/H-8996, when he reached Maddi Veedhi Junction, Srikakulam to Palakonda Road Srikakulam Town and District, the driver of the offending bus bearing Registration No.AP-30/Z-0053 drove the bus in a rash and negligent manner, without observing the traffic rules, and dashed the deceased from behind. As a result, the deceased fell down on the road and sustained severe crush injuries on his buttocks and became unconscious. Immediately, he was shifted to RIMS General Hospital, Srikakulam, where he died on the same day at 7.35 p.m., while undergoing treatment for the injuries sustained by him. A case in Cr.No.58/2015 was registered against the 1^st respondent/driver and later the same was investigated and charge sheet was filed.

5. It is the case of the petitioners that the deceased was working as a cook and was also supplying catering material, earning about Rs.15,000/- per month. It is further stated that the entire income of the deceased was being contributed towards maintenance of his family. In view of the death of the deceased, the petitioners lost their source of income and thereby approached the Tribunal by filing the claim petition. The respondents filed counter affidavit stating that the driver of the RTC bus was driving the bus at a normal speed by taking all precautio