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Date of reserved for Judgment :18.12.2025 Date of Pronouncement :13.03.2026 Date of uploading :14.03.2026 APHC010681122012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3520]
(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: 3084/2012 Between:
1. V ICE CHAIRMAN-MANAGING DIRECTOR, A.P., & ANOTHER, ROAD TRANSPORT CORPORATION, MUSHEERABAD,ONGOLE.
2. R EGIONAL MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT, CORPORATION, ONGOLE.
...APPELLANT(S)
AND
11. M AMIDI PADMAVATHI 3 OTHERS, W/O. SATYANARAYAN, R/O. 2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST.
PRAKASHAM.
22. M AMIDI MANIKANTA, W/O. SATYANARAYAN, R/O. 2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST.
PRAKASHAM. MINORS REP. BY IST RESPONDENT.
33. M AMIDI MANISHA, D/O. SATYANARAYAN, R/O. 2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST. PRAKASHAM.
MINORS REP. BY IST RESPONDENT.
44. M AMIDI VENKATA LAKSHMAMMA, W/O. VENKAT SUBBAIAH, R/O. 2-
59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST.
PRAKASHAM.
...RESPONDENT(S):
Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toto set aside the order & Decree passed in MVOP No. 491 of 2009 dt. 19-6-2012 on the file of Motor Accidents Claims Tribunal-I Addl. Dist. Judge, Ongole and pass IA NO: 1 OF 2012(MACMAMP 6657 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 the orders & Decree,dt. 19-6-2012 passed in MVOP No. 491 of 2009 by Motor Accidents Claims Tribunal-I Addl. Dist. Judge, Ongole, Pending disposal of Court and pass IA NO: 2 OF 2012(MACMAMP 8245 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 vacate the interim stay granted in MACMA.MP.No. 6657 of 2012 in MACMA.No. 3084 of 2012 dt. 17/10/2012 by permitting the petitioners to withdraw the amount deposited to the credit of MVOP.No. 491 of 2009 on the file of hte Chairman MACT-cum-1st Additional District Judge., Ongole pending the above MACMA IA NO: 1 OF 2013(MACMAMP 35324 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 Counsel for the Appellant(S):
1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)
Counsel for the Respondent(S):
1. MADHAVA RAO NALLURI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 943/2014 Between:
1. M AMIDI PADMAVATHI & 3 ORS, W/O.SATYANARAYAN R/O.2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
2. M AMIDI MANIKANTA, S/O.SATYANARAYAN R/O.2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
3. M AMIDI MANISHA, D/O.SATYANARAYAN R/O.2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
[BOTH ARE MINORS REP BY ITS GUARDIAN M.PADMAVATHI P1]
4. M AMIDI VENKATA LAKSHMAMMA, W/O.VENKATA SUBBAIAH R/O.2-
59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
...APPELLANT(S)
AND
1. T HE AP STATE ROAD TRANSPORT CORPORATION ANR, AP STATE ROAD TRANSPORT CORPORATION O/O.MUSHEERABAD,ONGOLE.
2. T HE REGIONAL MANAGER, AP STATE ROAD TRANSPORT CORPORATION O/O.RTC BUS STAND COMPLEX, ONGOLE.
PRAKASAM DISTRICT.
...RESPONDENT(S):
Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased to IA NO: 1 OF 2012(MACMAMP 8382 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 condone the delay of 75 days in filing the appeal against decree and judgement passed in MVOP No.491/2009 dated 19.06.2012 on the file of Motor Accidents Claims tribunal [Before the Ist Addl.District Judge], Ongole Counsel for the Appellant(S):
1. MADHAVA RAO NALLURI Counsel for the Respondent(S):
1. K. SARALA REDDY(SC FOR APSRTC PNV)
2. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)
The Court made the following:
THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.Nos.3084 of 2012 and 943 of 2014
Date of reserved for Judgment :18.12.2025 Date of Pronouncement :13.03.2026 Date of uploading :14.03.2026 APHC010681122012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3520]
(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: 3084/2012 Between:
1. V ICE CHAIRMAN-MANAGING DIRECTOR, A.P., & ANOTHER, ROAD TRANSPORT CORPORATION, MUSHEERABAD,ONGOLE.
2. R EGIONAL MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT, CORPORATION, ONGOLE.
...APPELLANT(S)
AND
11. M AMIDI PADMAVATHI 3 OTHERS, W/O. SATYANARAYAN, R/O. 2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST.
PRAKASHAM.
22. M AMIDI MANIKANTA, W/O. SATYANARAYAN, R/O. 2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST.
PRAKASHAM. MINORS REP. BY IST RESPONDENT.
33. M AMIDI MANISHA, D/O. SATYANARAYAN, R/O. 2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST. PRAKASHAM.
MINORS REP. BY IST RESPONDENT.
44. M AMIDI VENKATA LAKSHMAMMA, W/O. VENKAT SUBBAIAH, R/O. 2-
59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST.
PRAKASHAM.
...RESPONDENT(S):
Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toto set aside the order & Decree passed in MVOP No. 491 of 2009 dt. 19-6-2012 on the file of Motor Accidents Claims Tribunal-I Addl. Dist. Judge, Ongole and pass IA NO: 1 OF 2012(MACMAMP 6657 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 the orders & Decree,dt. 19-6-2012 passed in MVOP No. 491 of 2009 by Motor Accidents Claims Tribunal-I Addl. Dist. Judge, Ongole, Pending disposal of Court and pass IA NO: 2 OF 2012(MACMAMP 8245 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 vacate the interim stay granted in MACMA.MP.No. 6657 of 2012 in MACMA.No. 3084 of 2012 dt. 17/10/2012 by permitting the petitioners to withdraw the amount deposited to the credit of MVOP.No. 491 of 2009 on the file of hte Chairman MACT-cum-1st Additional District Judge., Ongole pending the above MACMA IA NO: 1 OF 2013(MACMAMP 35324 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 Counsel for the Appellant(S):
1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)
Counsel for the Respondent(S):
1. MADHAVA RAO NALLURI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 943/2014 Between:
1. M AMIDI PADMAVATHI & 3 ORS, W/O.SATYANARAYAN R/O.2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
2. M AMIDI MANIKANTA, S/O.SATYANARAYAN R/O.2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
3. M AMIDI MANISHA, D/O.SATYANARAYAN R/O.2-59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
[BOTH ARE MINORS REP BY ITS GUARDIAN M.PADMAVATHI P1]
4. M AMIDI VENKATA LAKSHMAMMA, W/O.VENKATA SUBBAIAH R/O.2-
59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
...APPELLANT(S)
AND
1. T HE AP STATE ROAD TRANSPORT CORPORATION ANR, AP STATE ROAD TRANSPORT CORPORATION O/O.MUSHEERABAD,ONGOLE.
2. T HE REGIONAL MANAGER, AP STATE ROAD TRANSPORT CORPORATION O/O.RTC BUS STAND COMPLEX, ONGOLE.
PRAKASAM DISTRICT.
...RESPONDENT(S):
Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased to IA NO: 1 OF 2012(MACMAMP 8382 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 condone the delay of 75 days in filing the appeal against decree and judgement passed in MVOP No.491/2009 dated 19.06.2012 on the file of Motor Accidents Claims tribunal [Before the Ist Addl.District Judge], Ongole Counsel for the Appellant(S):
1. MADHAVA RAO NALLURI Counsel for the Respondent(S):
1. K. SARALA REDDY(SC FOR APSRTC PNV)
2. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)
The Court made the following:
THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.Nos.3084 of 2012 and 943 of 2014
COMMON JUDGMENT:
Introductory:
1. Both M.A.C.M.A.Nos.3084 of 2012 and 943 of 2014 are directed against the award and decree dated 19.06.2012 passed in M.V.O.P.No.491 of 2009 by the Chairman, Motor Accidents Claims Tribunal-cum-FAC/I Additional District Judge, Ongole (for short “the learned MACT”).
2. The respondents before the learned MACT, representing the A.P.S.R.T.C. filed M.A.C.M.A.No.3084 of 2012 challenging the award, whereas the claimants before the learned MACT filed M.A.C.M.A.No.943 of 2014 seeking enhancement of compensation.
3. For the sake of convenience, the parties are hereinafter referred to as the claimants and the respondents with reference to their status before the learned MACT.
Case of the claimants:
4(i). One Mamidi Satyanarayana (hereinafter referred to as “the deceased”) is the husband of claimant No.1, father of claimant Nos.2 and 3 and son of claimant No.4. On 12.07.2009, the deceased and his family members went to Tirumala. After darshan, on 13.07.2009 evening, while they were on their return from Tirupathi and reached Nellore-Atmakur Bus Stand, Nellore and waiting for a bus to go to their village.
(ii). A bus bearing No.AP 10 Z 9078 (hereinafter referred to as “the offending vehicle”), which was going to Pamur, came there and stopped. With a view to reserve a seat, the deceased was trying to put a kerchief on the seat through the window. At that time, the driver of the offending vehicle, without observing the people, started the bus. As a result of the same, the deceased fell down and the rear tyre of the bus ran over his head. The deceased sustained grievous injuries and subsequently succumbed to the injuries.
(iii). A case in Crime No.40 of 2009 of Nellore Traffic Police Station was registered against the driver of the offending vehicle. Subsequently, the driver of the offending vehicle was charge-sheeted vide C.C.No.499 of 2009 on the file of Judicial First Class Magistrate Court, Nellore.
(iv). The deceased was hale and healthy, aged 47 years and was earning his livelihood through his business in wholesale provisions. He was maintaining a shop at Pamur and was earning more than Rs.50,000/- net income per annum and contributing the same for the maintenance of the family. Due to the death of the deceased, the claimants lost all support of the deceased. Hence, they are entitled for just and reasonable compensation.
5. Respondent No.2 before the learned MACT remained ex parte.
Case of respondents:
6(i). The petitioners shall prove the pleaded accident, negligence of the driver of the RTC bus / offending vehicle, death of the deceased due to the accident, age, occupation, income of the deceased and the dependency of the claimants.
(ii). Further, the respondents / A.P.S.R.T.C contended that the negligence of the deceased is the cause for the accident. Therefore, the claimants are not entitled for compensation.
7. On the strength of pleadings, the following issues were settled for trial by the learned MACT:
(i). Whether the accident occurred due to rash and negligent driving of the driver of bus bearing No.AP 10 Z 9078, on 13.07.2009 at Atmakur Bus Stand in Nellore town at about 07:45 P.M.?
(ii). Whether the petitioners are entitled for compensation? If so to what amount and from whom?
(iii). Whether the age and income of the deceased are correct?
(iv). To what relief?
Evidence before the learned MACT:
8(i). The claimant No.1 / the wife of the deceased, was examined as P.W.1 and one Gonta Krishna Murthy, another witness, was examined as P.W.2.
(ii). On behalf of the claimants, Exs.A1 to A13 were marked.
(iii). On behalf of the respondents, one Shaik Shukkur, the driver of the offending vehicle was examined as R.W.1.
Findings of the learned MACT:
9(i). After considering the oral and documentary evidence placed on record, the learned MACT came to the conclusion that the petition is filed under Section 163-A and that involvement of the vehicle is enough. In addition, a case in Crime No.40 of 2009 was registered at Nellore Traffic
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