Date of reserved for Judgment :22.12.2025 Date of Pronouncement :13.03.2026 Date of uploading :14.03.2026 APHC010750322014 IN THE HIGH COURT OF ANDHRA PRADESH [3520]

AT AMARAVATI (Special Original Jurisdiction)

FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 751/2014 Between:

1. T HE APSRTC., MUSHEERABAD, HYD.,, REP. BY ITS MANAGING DIRECTOR CUM VICE CHAIRMAN, MUSHEERABAD, HYDERABAD ...APPELLANT AND

1. S MT P JYOTHI CHITTOOR DT AND 4 OTHERS, W/O. LATE P.LINGAKARA, R/O. EGUVA KANCHALACHERUVU VILLAGE, RAGIMANIPENTA POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT)

2. C HANDRAKALA, D/O. LATE P.LINGAKARA, (R2 TO R4 ARE MINORS, REPT. BY THEIR NATURAL MOTHER R1) R/O. EGUVA KANCHALACHERUVU VILLAGE, RAGIMANIPENTA POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT)

3. P NEELAVENI, D/O. LATE P.LINGAKARA, (R2 TO R4 ARE MINORS, REPT. BY THEIR NATURAL MOTHER R1) R/O. EGUVA KANCHALACHERUVU VILLAGE, RAGIMANIPENTA POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT)

4. P NAVEEN KUMAR, S/O. LATE P.LINGAKARA, (R2 TO R4 ARE MINORS, REPT. BY THEIR NATURAL MOTHER R1) R/O. EGUVA KANCHALACHERUVU VILLAGE, RAGIMANIPENTA POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT)

5. S MT P LAKSHMAMMA, W/O. LATE MOGILAPPA, R/O. NAKKALA COLONY, DAMINEEDU TIRUCHANURU TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT R3 TO 5 ARE MINORS REP. BY THEIR MOTHER D.LAXMI ...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toto allow the decree by setting aside the decree and judgment dated 3- 7-2012 made in M.V.O.P.No. 142 of 2008 on the file of the District Judge-cum-

Chairman, Motor Accidents Claims Tribunal, Chittoor.

IA NO: 1 OF 2012(MACMAMP 8082 OF 2012 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 30 days in filing the MACMA., against the M.V.O.P.No. 142 of 2008 on the file of the District Judge-cum-Chairman, Motor Accidents Claims Tribunal, Chittoor.

IA NO: 2 OF 2012(MACMAMP 8466 OF 2012 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 stay of all further proceedings including execution of the decree and judgment dated 03.07.2012 made in MVOP No. 142 of 2008 on the file of the District Judge-cum-

Chairman, Motor Accidents Claims Tribunal, Chittoor, and pass Counsel for the Appellant:

1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

Counsel for the Respondent(S):

1. SURESH KUMAR REDDY KALAVA The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.751 of 2014

JUDGMENT

1. Respondent/A.P.S.R.T.C. in M.V.O.P.No.142 of 2008 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Chittoor (for short “the learned MACT”), filed the present appeal, feeling aggrieved by the award and decree dated 03.07.2012, questioning the liability and quantum of compensation of Rs.4,79,194/- awarded as against the claim made for Rs.4,00,000/-.

2. When the matter is taken up for hearing, learned counsel for the appellant submitted that the appellant intends to withdraw the appeal.

3. Learned counsel for the respondents / claimants submitted that the legal position is that, the appellate Court can examine the just and adequate nature of the compensation even in the absence of an appeal by the claimants in an appeal filed under Section 173 of the Motor Vehicles Act, 1988. The appellant cannot withdraw the appeal and even if the appellant withdraws the appeal, the appellate Court shall consider the just and adequate nature of the compensation awarded by the learned MACT.

4. Extensive arguments were submitted by both sides on the point whether the appeal can be withdrawn by the appellant and whether the appellate Court is bound to consider the appeal on merits even in the event that the appell