APHC010542222022 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: 442/2022 Between:

1. M /S.THE NEW INDIA ASSURANCE COMPANY LTD, REP BY IT'S DIVISIONAL MANAGER, BHANUGUDI JUNCTION, SUBHADRA ACADE, KAKINADA.

...APPELLANT AND

1. N ADIGATLA NOOKA RAJU JAMINDHARU, S/O. SAMBASIVA RAO, AGED ABOUT 39, R/O UDDANDA JAGANADHAPURAM VILLAGE, PRATHIPADU MANDAL, EAST GODAVARI DISTRICT- 533446.

2. N ADIGATLA SAI RUPA, D/O. NOOKA RAJU @ JAMINDHARU, AGED ABOUT 14 YEARS. R/O UDDANDA JAGANADHAPURAM VILLAGE, PRATHIPADU MANDAL, EAST GODAVARI DISTRICT- 533446.

3. N ADIGATLA VENKATA SAI SIVA PAVAN TEJA, S/O. NOOKA RAJU @ JAMINDHARU, AGED ABOUT 12 YEARS. R/O UDDANDA JAGANADHAPURAM VILLAGE. PRATHIPADU MANDAL, EAST GODAVARI DISTRICT- 533446.

4. B ATHULA SATYANARAYANA, ( DIED), 5. S ATYANARAYANA, S/O. NARAYANA RAO, AGED ABOUT 44 YEARS , VADISALERU VILLAGE, RANGAMPETA MANDAL, EAST GODAVARI DISTRICT-533294, (OWNER OF LORRY BEARING NO.AIQ-2499).

6. B ATHULA SURYA KUMARI, W/O. LATE SATYANARAYANA AGED ABOUT 55 YEARS, R/O VADISALERU VILLAGE, RANGAMPETA MANDAL, EAST GODAVARI DISTRICT.

7. U APPALAPATI DURGA DEVI, W/O. SURIBABU, AGED ABOUT 34 YEARS, R/O VADISALERU VILLAGE, RANGAMPETA MANDAL, EAST GODAVARI DISTRICT.

8. V EMULAPALLI ANANTHA LAKSMI, W/O. SIVA, AGED ABOUT 32 YEARS, R/O VADISALERU VILLAGE, RANGAMPETA MANDAL, EAST GODAVARI DISTRICT.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased tobegs to submit this Memorandum of Motor Accident Civil Miscellaneous Appeal being aggrieved by the Award and Decree dt. 21-06- 2022 in M.V.O.P.No. 30 of 2018 on the file of Motor Accidents Claims Tribunal cum Ill Additional District Court East Godavari, Kakinada 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 grant stay of execution of the Award and Decree dt. 21-06-2022 passed in M.V.O.P.No. 30 of 2018 by The III Addl District Judge-Cum- Chairman, M.A.C.T., Kakinada pending disposal of the main Appeal, in the interest of justice.

Counsel for the Appellant:

1. T S RAYALU Counsel for the Respondent(S):

1. CHANDRA SEKHAR ILAPAKURTI

2.

The Court made the following:

JUDGMENT:

The Insurance Company filed the present appeal challenging the order and decree dated 21.06.2022 passed in M.V.O.P.No.30 of 2018 by the Chairman, Motor Accidents Claims Tribunal – Cum – III Additional District Judge, Kakinada, whereby and whereunder the Tribunal granted compensation of Rs.14,30,000/- (Rupees Fourteen Lakhs Thirty Thousand only) to the petitioners therein/respondent Nos.1 to 3 herein, though the claim petition was originally filed for Rs.6,00,000/-, on account of the death of the deceased Nadigatla Vishnu Kumari alias Reddy Suryachakravathi in a motor accident that occurred on 12.12.2012.

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/claimants is briefly as follows:

a) The 1^st petitioner No.1 is the husband and petitioners No.2 and 3 are children of the deceased.

b) The deceased was selected as Customer Service Provider in the National Rural Employment Guarantee Scheme (NREGS). On 12.12.2012, she along with the 1^st petitioner went to Yeleswaram, received appointment order and joined duty. Thereafter, they went to Annavaram and after having darshan of Sri Satyanarayana Swamy, while returning and when they reached near Santhi Ashramam cross road, the 1^st respondent, who was driving the lorry bearing No.AIQ-2499, came from behind the motorcycle of the 1^st petitioner at high speed and in a rash and negligent manner without blowing horn. At first instance, he dashed against an auto bearing No.AP16TU-1685, causing the auto to turn turtle, and thereafter