APHC010001652022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 10/2022 Between:

1. M DHANAMMA, W/O LATE M. VENKATAMUNI REDDY, AGED ABOUT 50 YEARS, OCC. HOUSE WIFE, RESIDING AT D.NO. 3-83, ANNASWAMYPALLI VILLAGE, VENKATAPURAM POST, RENIGUNTA MANDAL, CHITTOOR DISTRICT.

2. M . MUNISEKHAR REDDY, S/O LATE M. VENKATAMUNI REDDY, AGED ABOUT 32 YEARS, OCC. DEPENDENT (HANDICAPPED), RESIDING AT D.NO. 3-83, ANNASWAMYPALLI VILLAGE, VENKATAPURAM POST, RENIGUNTA MANDAL, CHITTOOR DISTRICT.

3. K . SIREESHA, D/O LATE M. VENKATAMUNI REDDY, AGED ABOUT

30 YEARS, OCC. HOUSE WIFE, RESIDING AT D.NO. 3-17, KOTTA NENNUR VILLAGE, RAMACHANDRAPURAM MANDAL, CHITTOOR DISTRICT.

...APPELLANT(S)

AND

1. P ARVATHURU PATTABHI, S/O LATE P. GANGAIAH, AGED ABOUT

49 YEARS, OCC. APSRTC DRIVER, RESIDING AT D.NO. 1-1445, N.T.R NAGAR, SRIKALAHASTHI TOWN, POST AND MANDEL, CHITTOOR DISTRICT.

2. A NDHRA PRADESH STATE ROAD TRANSPORT CORPORATION LTD, REPRESENTED BY ITS MANAGING DIRECTOR, HOLDING OFFICE AT RTC CROSS ROADS, MUSHEERABAD, HYDERABAD NOW AT PANDIT NEHRU BUS STAND (PNBS) COMPLEX, VIJAYAWADA, ANDHRA PRADESH.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toMemorandum of Motor Accidents Civil Miscellaneous Appeal before this Hon'ble Court aggrieved by the Judgment and Decree dated 27.10.2021 passed in MVOP.No. 08 of 2018 on the file of Motor Accidents Claims Tribunal -cum- III Additional District Judge, Tirupati Counsel for the Appellant(S):

1. O UDAYA KUMAR Counsel for the Respondent(S):

1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

2.

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 93/2022 Between:

1. A PSRTC, REP.BY ITS MANAGING DIRECTOR, HOLDING OFFICE AT RTC CROSS ROADS, MUSHEERABAD, HYDERABAD-500020, NOW AT VIJAYAWADA.

...APPELLANT AND

1. M DHANAMMA, W/O LATE M.VENKATAMUNI REDDY, HINDU, AGED ABOUT 49 YEARS, OCC. HOUSEWIFE.R/O D.NO.3-83, ANNASWAMYPALLI VILLAGE, VENKATAPURAM POST, RENIGUNTA MANDAL, CHITTOOR AND DISTRICT

2. M MUNISEKHAR REDDY, S/O LATE M.VENKATAMUNI REDDY, HINDU, AGED ABOUT 31 YEARS, DEPENDENT.R/O D.NO.3-83, ANNASWAMYPALLI VILLAGE, VENKATAPURAM POST, RENIGUNTA MANDAL, CHITTOOR AND DISTRICT

3. K SIREESHA, D/O LATE M.VENKATAMUNI REDDY, W/O K.MUNIKRISHNA REDDY, HINDU, AGED ABOUT 29-YEARS,OCC. HOUSEWIFE, R/O D.NO.3-17, KOTTA NENNUR VILLAGE,RAMACHANDRAPURAM MANDAL, CHITTOOR DISTRICT.

4. P ARVATHURU PATTABHI, S/O LATE P.GANGAIAH, HINDU, AGED ABOUT 48 YEARS, R/O D.NO.1-1445, NTR NAGAR, SRIKALAHASTI TOWN POST AND MANDAL, CHITTOOR DISTRICT.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased tomay be pleased to allow the appeal by setting aside the Judgment and decree passed by the order and decree dated 27.10.2021 passed in MVOP No. 08 of 2018 On the file of the Chairman Motor Accidents Claims Tribunal cum III Additional District Judge, Tirupati to pass such IA NO: 1 OF 2022 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 may be pleased to grant stay of execution of decree in pursuant to MVOP No. 08 of 2018 dated. 27.10.2021 On the file of the Chairman Motor Accidents Claims Tribunal cum III Additional District Judge, Tirupati, pending disposal of the above MACMA and pass such Counsel for the Appellant:

1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

Counsel for the Respondent(S):

1.

The Court made the following:

COMMON JUDGMENT:-

Both these appeals arise out of the award dated 27.10.2021, passed by the Chairman, Motor Accidents Claims Tribunal – cum – III Additional District Judge, Tirupati in M.V.O.P.No.08 of 2018. As such, I feel it appropriate to decide the issues by way of a common judgment.

2. The claimants filed an application before the tribunal under Section 166 – 1(C) of the Motor Vehicles Act, 1988 read w