APHC010633852022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 499/2022 Between:

1. C HOLA MS GIC LIMITED, ,REP. BY ITS DIVISIONAL MANAGER, FLAT NO.302, 2ND FLOOR,ESWAR PLAZA, DWARAKANAGAR, VISAKHAPATNAM ...APPELLANT AND

1. A LUGU LAKSHMI, W/O.LATE PAPA RAO, AGED 30 YEARS, TELUKULA BY CASTE, HINDU, HOUSE HOLD DUTIES AND COOLIE, R/O.VANGARA VILLAGE, VANGARA MANDALAM, SRIKAKULAM DISTRICT.

2. A LUGU GANESH, , S/O.LATE PAPA RAO, AGED 10 YEARS, TELUKULA BY CASTE, HINDU, STUDENT, R/O.REST - DO.

3. A LUGU VYKUNTA RAO, S/O.LATE PAPA RAO, AGED 8 YEARS, TELUKULA BY CASTE, HINDU, STUDENT, R/O.REST - DO.

4. A LUGU PAPAMMA, W/O.LATE SATYAM, AGED 60 YEARS, TELUKULA BY CASTE, HINDU, HOUSE HOLD DUTIES, R/O.REST - DO (THE PETITIONERS 2 AND 3 BEING MINOR REPRESENTED BY HIS MOTHER GUARDIAN AND 1ST PETITIONER ALUGU LAKSHMI, W/O.LATE PAPA RAO, AGED 30 YEARS, TELUKULA BY CASTE, HINDU, HOUSE HOLD DUTIES AND COOLIE, R/O.VANGARA VILLAGE, VANGARA MANDALAM, SRIKAKAULAM DISTRICT.)

5. P ALAVALASA RAMA KRISHNA, S/O.PENTAM NAIDU, AGED 41 YEARS, KAPU BY CASTE, HINDU, ACTUAL DRIVER OF TRACTOR/TRUCK AP 30 V 96741 AP 30 W 3257, R/O.VANGARA VILLAGE, VANGARA MANDALAM, SRIKAKULAM DISTRICT.

6. P ALAVALASA SEETHAM NAIDU, S/O.PENTAM NAIDU AGED 45 YEARS, KAPU BY CASTE, HINDU, REGULAR DRIVER OF TRACTOR/TRUCK AP 30 V 9674 / AP 30 W 3257, R/O.VANGARA VILLAGE, VANGARA MANDALAM, SRIKAKULAM DISTRICT

7. A VU HYMAVATHI, W/O.SURYANARAYANA, AGED 53 YEARS, KAPU BY CASTE, OWNER OF THE TRACTOR/TRUCK AP 30 V 9674/ AP 30 W 3257, R/O.ONI AGRAHARAM VILLAGE, VANGARA MANDAL, SRIKAKULAM DISTRICT.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased topleased allow this appeal by setting aside the judgment and decree passed in M.V.O.P.No.192 of 2016 on the file of Motor Accidents Claims Tribunal -cum - I Additional District Judge. Srikakulam. dated 23rd day of May. 2022. and pass 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 pleased to condone the delay of 71 days in filing the M.A.C.M.A. against the decree and judgment M.V.O.P.No.192 of 2016 on the file of Motor Accidents Claims Tribunal - cum - I Additional District Judge, Srikakulam, dated 23rd day of May, 2022, and pass IA NO: 2 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 pleased to grant stay of all further proceedings pursuant to the decree and judgment dated the 23rd day of May, 2022 passed in M.V.O.P.No.192 of 2016 on the file of Motor Accidents Claims Tribunal - cum - I Additional District Judge, Srikakulam, including execution proceedings, pending disposal of the main M.A.C.M.A., and pass 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 permit the petitioners/ respondents 1 to 4 to withdraw the 50% amount together with interest and costs deposited to to credit of the M.V.O.P. No. 192 of 2016 dated 28-12-2022 pending disposal of the appeal and to pass Counsel for the Appellant:

1. GUDI SRINIVASU Counsel for the Respondent(S):

1. A RAVI SHANKAR

2. TOTA TEJESWARA RAO The Court made the following:

JUDGMENT:

The Appellant/Insurance Company, filed the present appeal challenging the order and decree dated 23.05.2022 passed in M.V.O.P.No.499 of 2020 by the learned Chairman, Motor Accidents Claims Tribunal – cum – I Additional District Judge, Srikakulam, whereby and whereunder the Tribunal awarded compensation of Rs.12,48,500/- (Rupees Twelve Lakhs Forty Eight Thousand and Five Hundred Only) to the petitioners/respondents No.1 to 4 herein, as agains