2026:APHC:41120 APHC010141252023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 281/2023 Between:

1. S HRIRAM GENERAL INSURANCE COMPANY LIMITED, E-8, EPIP,RIICO. INDUSTRIAL AREA. SITAPURA. JAIPUR. RAJASTHAN.

INDIA.

...APPELLANT AND

1. P UTTA DASTAGIRAMMA VANGANURU DASTAGIRAMMA, W/O.

LATE PUTTA OBULESH. AGE 23 YEARS, HOUSE WIFE, (WIFE OF DECEASED).D.NO.1-184-5, PRAKASH NAGAR. YERRAGUNTLA VILLAGE AND MANDAL, KADAPA DISTRICT, NOW ALL ARE RESIDING AT D.NO.26/4/186-A. KANNELURU, JAMMALAMADUGU TOWN AND MANDAL, KADAPA DISTRICT.

2. P UTTA VENKATA, DHIRAJ S/O.LATE PUTTA OBULESH, AGE ABOUT 01 YEAR. (SON OF DECEASED)D.NO.1-184-5, PRAKASH NAGAR. YERRAGUNTLA VILLAGE AND MANDAL, KADAPA DISTRICT, NOW ALL ARE RESIDING AT D.NO.26/4/186-A. KANNELURU, JAMMALAMADUGU TOWN AND MANDAL, KADAPA DISTRICT. RESPONDENT NO.2 IS MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER NAMELY PUTTA DASTAGIRAMMA @ VANGANURU DASTAGIRAMMA RESPONDENT NO.1 HEREIN.

3. P UTTA RAMAIAH, S/O. LATE P.PEDDA GURRAPPA AGE 65 YEARS.

(FATHER OF DECEASED) D.NO.1-184-5, PRAKASH NAGAR. YERRAGUNTLA VILLAGE AND MANDAL, KADAPA DISTRICT, NOW ALL ARE RESIDING AT D.NO.26/4/186-A. KANNELURU, JAMMALAMADUGU TOWN AND MANDAL, KADAPA DISTRICT.

4. K URUVA ACHANNA, S/O.RAMUDU. AGE 33 YEARS, DRIVER. R/O.

MABBUCHINTHALAPALLI VILLAGE, VEMULA MANDAL, NOW AT N.T.R COLONY. EMMIGANUR TOWN AND MANDAL. KURNOOL DISTRICT (DRIVER OF THE CRIME VEHICLE). BAPATHI BALA VENKATA REDDY, S/O.B. SANJEEVA REDDY, AGED NOT KNOWN, BUT MAJOR, OWNER OF THE TRACTOR AND TRAILER BEARING NO. AP 04 V 7123 AND AP 04 V 7124, R/O. D.NO. 140-131, KRANTHI NAGAR, YERRAGUNTLA VILLAGE AND MANDAL, KADAPA DISTRICT (OWNER OF THE CRIME VEHICLE

5. B APATHI BALA VENKATA REDDY, S/O.B. SANJEEVA REDDY, AGED NOT KNOWN, BUT MAJOR, OWNER OF THE TRACTOR AND TRAILER BEARING NO. AP 04 V 7123 AND AP 04 V 7124, R/O. D.NO. 140-131, KRANTHI NAGAR, YERRAGUNTLA VILLAGE AND MANDAL, KADAPA DISTRICT (OWNER OF THE CRIME VEHICLE ...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased tomay be pleased to allow this appeal by setting aside the Decree and Order dated 18.11.2022 passed in MVOP No. 127 of 2016 on the file of the Motor Accidents Claims Tribunal -Cum- II Additional District Judge, Kadapa at Proddatur and dismiss the MVOP No. 127 of 2016 filed by the Respondent Nos.1 to 3 herein/ Claim Petitioners against the Appellant herein/

Respondent No.3 in the lower court and pass such IA NO: 1 OF 2023 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 all further proceedings dated 18.11 2022 passed in MVOP No. 127 of 2016 on the file of the Motor Accidents claims Tribunal -Cum- II Additional District Judge, Kadapa at Proddatur including execution proceedings and pass such Counsel for the Appellant:

1. A JAYANTHI Counsel for the Respondent(S): 1. SIVAPRASAD REDDY VENATI The Court made the following:

J U D G M E N T:

The Motor Accident Civil Miscellaneous Appeal is filed by the insurance company, aggrieved by the award dated 18.11.2022 passed in M.V.O.P. No.127 of 2016 on the file of the Motor Accident Claims Tribunal –cum- II Additional District Judge, Kadapa, wherein the Tribunal awarded an amount of Rs.7,00,000/- towards compensation to the petitioners/claimants as per their claim on account of death of the deceased, Putta Obulesu, in a motor accident that occurred on 28.11.2015.

2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the clam petition.

3. The brief averments of the claim petition are as follows:

a) On 28.11.2015, in the afternoon, the deceased along with one Nidiginti Naresh loaded stones into a tractor and trailer bearing registration Nos.AP 04