APHC010507512021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NOs: 9/2022 &

530/2021 MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 9/2022 Between:

1. K UNDURI PULLAMMA, W/O KUNDURI KRISHNA, AGED 36 YEARS,B.C. COLONY, OPP. TO RTC BUS STAND, PULLALACHERUVU POST AND MANDAL, PRAKASAM DISTRICT.

2. K ANDURI VENKATA LAKSHMI, D/O KRISHNA, AGED 7 YEARS,B.C.

COLONY, OPP. TO RTC BUS STAND, PULLALACHERUVU POST AND MANDAL, PRAKASAM DISTRICT.

3. K ANDURI SWATHI, D/O KRISHNA, AGED 5 YEARS,B.C. COLONY, OPP. TO RTC BUS STAND, PULLALACHERUVU POST AND MANDAL, PRAKASAM DISTRICT.

4. K ANDURI KRISHNAVENI, D/O KRISHNA, AGED 3 YEARS,B.C.

COLONY, OPP. TO RTC BUS STAND, PULLALACHERUVU POST AND MANDAL, PRAKASAM DISTRICT.

5. K UNDURI NAGAMMA, W/O CHINNA NARASIMHULU, AGED 65 YEARS,B.C. COLONY, OPP. TO RTC BUS STAND, PULLALACHERUVU POST AND MANDAL, PRAKASAM DISTRICT. PETITIONERS 2 TO 4 ARE BEING MINORS, REP. BY MOTHER (1ST PETITIONER) AS THEIR NEXT FRIEND.

...APPELLANT(S)

AND

1. K ATI ADAM, S/O YESAIAH, AGED 38 YEARS, SC MALA BY CASTE, DRIVER OF THE AUTO BEARING NO. AP27TT8922, GOLLAVIDIPI YERRAGONDAPALEM MANDAL, PRAKASAM DISTRICT.

2. K ATI PRABHUDAS, S/O LAZAR, AGED 25 YEARS, GOLLAVIDIPI VILLAGE, YERRAGONDAPALEM MANDAL, PRAKASAM DISTRICT, OWNER OF THE AUTO BEARING NO. AP27T18922.

3. I CICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, REP.

BY ITS AUTHORIZED SIGNATORY, VASU PLAZA, OPP. TO K.B. RESTAURANT, KURNOOL ROAD, ONGOLE TOWN, PRAKASAM DISTRICT.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toappellants begs to prefer this memorandum of appeal being aggrieved by the decree and judgment passed in M.V.O.P. 395/2017, dated 01-07-2021 on the file of Motor Accident Claims Tribunal -cum- VIII Additional District Judge, Parkasam District at Ongole Counsel for the Appellant(S):

1. NUTHALAPATI KRISHNA MURTHY Counsel for the Respondent(S):

1. GUDI SRINIVASU

2.

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 530/2021 Between:

1. I CICI LOMBARD GENERAL INSURANCE COMPANY LIMITED,, REP.

BY ITS AUTHORIZED SIGNATORY, VASU PLAZA, OPP. TO K.B. RESTAURANT, KURNOOL ROAD, ONGOLE TOWN, PRAKASAM DISTRICT.

...APPELLANT AND

1. K UNDURI PULLAMMA, W/O. KUNDURI KRISHNA, AGED 36 YEARS, 2. K UNDURI VENKATA LAKSHMI, , D/O.KRISHNA, AGED 7 YEARS, 3. K UNDURI SWATHI, D/O. KRISHNA, AGED 5 YEARS, 4. K UNDURI KRISNAVENI, , D/O. KRISHNA, AGED 3 YEARS, 5. K UNDURI NAGAMMA, , W/O. CHINNA NARASIMHULU, AGED 65 YEARS, (PETITIONERS 2 TO 4 ARE BEING MINORS, REP. BY MOTHER (1ST PETITIONER) AS THEIR NEXT FRIEND). ALL ARE RESIDENTS OF B.C. COLONY, OPP. TO R.T.C. BUS STAND, PULLALACHERUVU POST AND MANDAL, PRAKASAM DISTRICT.

6. K ATI AADAM, S/O. YESAIAH, AGED 38 YEARS, SC MALA BY CASTE, DRIVER OF THE AUTO BEARING NO. AP 27 TT 8922, GOLLAVIDIPI VILLAGE, YERRAGONDAPALEM MANCIAL,PRAKASAM DISTRICT

7. K ATI PRABHUDAS, , S/O. LAZAR, AGED 25 YEARS, GOLLAVIDIPI VILLAGE, YERRAGONDAPALEM MANDAL, PRAKASAM DISTRICT,OWNER OF THE AUTO BEARING NO. AP 27 TT 8922.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased topleased to allow this appeal by setting aside the judgment and decree passed in M.V.O.P No,395 of 2017 on the file of the Motor Accidents Claims Tribunal - cum - VI11 Additional District Judge, Prakasam at Ongole dated 1st day of July, 2021 IA NO: 1 OF 2021 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 pleased to grant STAY of all further proceedings pursuant to the decree and Judgment dated 1st day of July, 2021 passed in M.V.O.P No.395 of 2017 on the file of the Motor Accidents Claims Tribunal—cum—VIII -Additional District Judge Prakasam at Ongole, including execution proceedings, pending disposal of the main M.A.C.M.A.

IA NO: 2 OF 2021 Petition under Se