APHC010266382021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 418/2021 Between:

1. A PSRTC, MANAGING DIRECTOR RTC COMPLEX VIJAYAWADA ...APPELLANT AND

1. K BHARATHI, R/O H.NO.3-48 KAPAVARAM VILLAGE KORUKONDA MANDAL EAST GODAVARI DIST

2. K INDIRA, R/O H.NO.3-48 KAPAVARAM VILLAGE KORUKONDA MANDAL EAST GODAVARI DIST

3. K DHARMATEJA, R/O H.NO.3-48 KAPAVARAM VILLAGE KORUKONDA MANDAL EAST GODAVARI DIST

4. K PRAVALLIKA, R/O H.NO.3-48 KAPAVARAM VILLAGE KORUKONDA MANDAL EAST GODAVARI DIST RESPONDENT 4 MINOR

5. K NUKALAMMA, R/O H.NO.3-48 KAPAVARAM VILLAGE KORUKONDA MANDAL EAST GODAVARI DIST

6. K BULLI DORA, OCC DRIVER OF APSRTC BEARING NO.AP.07 Z0166 R/O H.NO.1-60 BANDPALLI THADIVADA RAMPACHODAVARAM EAST GODAVARI DIST ...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toTO SET ASIDE ORDER AND DECREE DT 22-03-2021 PASSED IN MVOP .NO.390/2018 ON THE FILE OF VIII ADDL.DISTRICT AND SESSIONS COURT CUM SPL.COURT FOR TRAIL OF OFFENCES AGAINST WOMEN CUM VIII ADDL DISTRICT JUDGE RAJAMAHENDRAVARAM AND CONSEQUENTLY DISMISS THE CLAIMPETITION 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 TO GRANT STAY OF OPERATION OF ORDER AND DECREE DT 22-03- 2021 IN MVOP NO.390/2018 ON THE FILE OF LEARNED VIII ADDL DISTRICT AND SESSION COURT CUMSPL COURT FOR TRAIL OF OFFENCES AGAINST WOMEN CUM VIII ADDL DISTRICT JUDGE RAJAMAHENDRAVARAM SEEKING COMPENSATION OF 10,00,000/-

IA NO: 2 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 vacate the interim stay granted on 9-08-2021 in I.A.No.1 of 2021 in MACMA No.418 of 2021 on the file of this Hon'ble Court by permitting the Petitioners to withdraw the amount deposited by the Respondent/APSRTC herein and pass such other order or 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 vacate the interim stay granted on 9-08-2021 in I.A.No.1 of 2021 in MACMA No.418 of 2021 on the file of this Hon'ble Court by permitting the Petitioners no.1,2&5 to withdraw the amount deposited by the Respondent/APSRTC herein and pass Counsel for the Appellant:

1. K SRINIVASA PRASAD SC For APSRTC Counsel for the Respondent(S):

1. HARINATH REDDY SOMA The Court made the following:

JUDGMENT:

The APSRTC filed the present appeal challenging the order and decree dated 22.03.2021 passed in M.V.O.P.No.390 of 2018 by the learned VIII Additional District and Sessions Judge-cum-Special Judge for Trial of Offences against Women-cum-VIII Additional Motor Accidents Claims Tribunal, East Godavari, Rajamahendravaram, whereby and whereunder the Tribunal granted compensation of Rs.12,55,924/- (Rupees Twelve Lakhs Fifty Five Thousand Nine Hundred Twenty Four only) to the petitioners/respondents No.1 to 4 herein, as per their claim, on account of the death of the deceased Kondeti Raju in a motor accident that occurred on

04.10.2018.

02. 1^st Respondent herein is the driver of the offending vehicle of the 2^nd Respondent and 2^nd Respondent is the appellant/APSRTC before the Tribunal.

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

04. The case of the claimants, in brief, is as follows:

On 04.10.2018 at about 07:30 p.m., the deceased Kondeti Raju was traveling in auto rickshaw No. AP 05 TN 0913 near Kapavaram village. APSRTC bus No.AP 07 Z 0166, driven rashly and negligently by respondent No.1, dashed against the auto. The deceased sustained grievous injuries and died the same day at Government General Hospital, Rajamahendra