APHC010180662023 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: 168/2023 Between:

1. U NITED INDIA INSURANCE COMPANY LTD.,, REP BY ITS BRANCH MANAGER, MICRO OFFICE, 1-8 OPPOSITE TO OLD BUS STAND TIRUCHANUR, TIRUPATHI TOWN CHITTOOR DIST ...APPELLANT AND

1. B NANDINI, W/O. LATE B. SRINIVASULU AGED . 29YEARS, OCC.

HOUSEHOLD

2. B ABY B HIMAJA, D/O. LATE B. SRINIVASULU AGED . 7YEARS OCC.

STUDENT

3. M ASTER B ROHITH, S/O. LATE B. SRINIVASULU AGED . 6YEARS, OCC. STUDENT R2 AND 3 BEING MINORS REP BY THEIR MOTHER

15T RESPONDENT

4. B GOVINDAMMA, W/O. KUPENDRA AGED. 54 YEARS, OCC.

HOUSEHOLD

5. B KUPENDRA B KUJENDRA, S/O. KUJENDRA AGED . 59 YEARS OCC. ALL THE 1 TO 5 ARE R/O. 4-104 RAGI MANUPENTA HARIJANWADA, RAGIMANUPENTA POST BANGARUPALYEM (M)

CHITTOOR DISTRICT. PIN. 517429

6. P SUDHEER, S/O. P. KRISHNAMA NAIDU AGED. MAJOR, OCC.

NOT KNOWN TO PETITIONER R/O. H.NO. 3-2 UPPUVANKA(V), H/O. PENTAPALLI, PAKALA(M), CHITTOOR DISTRICT PIN . 517172

7. M SRIPATHI, S/O. M. LAKSHMAIAH AGED 47 YRS, OCC. DRIVER R/O. 12-107 S V NAGAR, TIRUPATI PIN. 517501 ...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased topleased to allow the appeal and set aside the decree dt. 03-11- 2022 and Award/Order in MVOP No.33 of 2019 passed by the Hon'ble Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Chittoor, Chittoor District.

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 pleased to pass an order to condone the delay of 57 days in filing the above MACMA and pass IA NO: 2 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 pleased to pass an order to stay of all the further proceedings in the MVOP No.33/2019 on the file of the Hon'ble Chairman, Motor Accident Claims Tribunal-cum-Prl. District Judge. Chittoor, Chittoor District including that of withdrawal of an amount if any deposited pending disposal of the above MACMA and pass Counsel for the Appellant:

1. V VEERABHADRA CHARY Counsel for the Respondent(S):

1. SRINIVASA RAO NARRA The Court made the following:

JUDGMENT:

The present appeal is filed by the insurance company challenging the order and decree 03.11.2022passed in M.V.O.P.No.33 of 2019 on the file of the Principal Motor Accidents Claims Tribunal-cum-Principal District Judge, Chittoor, wherein the Tribunal granted compensation of Rs.12,39,500/- (Rupees Twelve Lakhs Thirty Nine Thousand Five Hundred only) to the petitioners/respondents No.1 to 5 herein, as against the claim of Rs.20,00,000/-, on account of the death of one B.Venkatesulu in a motor accident that occurred on 28.07.2017.

02. For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.

03. The case of the petitioners is briefly as follows:

a) On 27.07.2017, the deceased B.Venkatesulu along with one N.Deva @ N.Devarajulu, went to Suguna Hatcheries for loading chicks into an Eicher Van bearing Registration No.AP-03-TC-7525, and while returning to their village, as there was no bus facility, on the request of 2^nd respondent, the deceased seated on the cabin, and the vehicle driven by the 2^nd respondent. On 28.07.2017 at about 2.00 a.m., while the vehicle was proceeding on the Pakala – Damalacheruvu road near the Railway bridge towards Tirupati side, the driver drove the said vehicle in a rash and negligent manner with high speed without noticing speed breakers, as a result of which the deceased fell down on the road and sustained severe injuries on his head. Immediately, he was shifted to Government Hospital, Pakala and from there he was shifted to SVIMS Hospital, Tirupati, where he was adm