Date of reserved for Judgment:07.11.2025 Date of Pronouncement :11.02.2026 Date of uploading :11.02.2026 APHC010666882013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3520]

(Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 765/2013 Between:

1. S RI KARANAM SRINIVASULU, S/O SITARAMASWAMY OCC:SR.

TECHNICIAN, R/ONEAR GOWTHAM THEATER, PAYAKARAOPETA, VISAKHAPATNAM DISTRICT.

...APPELLANT AND

1. M R Y SRIRAM AND ANOTHERS, S/O MR. SIMCHACHALAM, R/O D.NO.49-54-9/3/2/1 BALARISH SASTRY LAYOUT VISAKHAPATNAM.

OWNER OF LORRY AP -31-TT-6993

2. T HE ICICI LOMBARD GENERAL INSURANCE COMPANY, REP BY ITS BRANCH MANAGER, MAIN ROAD, DWARAKANAGAR, VISAKHAPATNAM.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased to IA NO: 1 OF 2013(MACMAMP 1560 OF 2013 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 condone the delay of 180 days in reprsenting the above MACMA and pass.

Counsel for the Appellant: 1. M S R SUBRAHMANYAM Counsel for the Respondent(S):

1. A.SAI ROHIT

2. .

The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.765 of 2013

JUDGMENT

Introductory:

1. This appeal is directed against the order and decree dated 23.04.2012 passed in M.O.P.No.99 of 2010 by the Chairman, Motor Accidents Claims Tribunal-cum-IX Additional District Judge, Visakhapatnam (for short “the MACT”).

The claimant before the learned MACT is the appellant herein.

2. Feeling aggrieved and dissatisfied by the quantum of compensation of Rs.12,000/- awarded as against the claim made for Rs.2,00,000/-, the present appeal is filed.

3. Respondent Nos.1 and 2 herein are the owner and the insurer of the Lorry bearing Registration No.AP 31 TT 6993 (hereinafter referred to as “the offending vehicle”).

Case of the Claimant:

4(i). On 12.11.2007, at about 10:00 p.m. the claimant boarded the offending vehicle at Lala Chereuvu, Rajamundry, to go to Kothavalasa. When the vehicle reached near Weavers Colony, Kothavalasa at about 04:30 a.m. on 13.11.2007, due to rash and negligent driving of its driver, it fell into a drainage. As a result, the claimant sustained grievous injuries to the right knee, left leg and other parts of the body.

(ii). Immediately after the accident, the claimant was shifted to the Medical Centre, Nakkapalli. He subsequently underwent treatment as an inpatient for about two months and incurred an expenditure of Rs.85,000/- towards medical treatment, extra nourishment, transportation etc.

(iii). A case in Cr.No.125 of 2007 was registered by the Nakkapalli Police Station against the driver of the offending vehicle for the offence under Section

337 IPC.

(iv). As on the date of the accident, the claimant was aged about 33 years, hale and healthy, working as a Senior Technician in Electrical Manufacturers, Kothavalasa, Visakhapatnam and earning Rs.12,000/- per month. 5. Respondent No.1, the owner of the offending vehicle, remained ex parte before the learned MACT.

Case of the respondent-Insurance Company:-

6(i). Age, occupation and income of the claimant, nature of treatment taken and expenditure incurred are all incorrect and shall be strictly proved.

(ii). The factum of insurance and compliance of the conditions of the policy, including a valid and effective driving licence of the driver of the offending vehicle, shall be proved.

(iii). In any event, the quantum of compensation claimed is excessive and respondent No.2 / insurance company is not liable to pay any compensation.

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7. On the strength of pleadings, the following issues were settled for trial by the learned MACT:

(i). Whether the petitioner sustained injuries in the accident occurred due to rash and negligent driving of the driver of the crime vehicle lorry bearing No.AP 31 TT 6993?

(ii). Whether petit