Date of reserved for Judgment :21.11.2025 Date of Pronouncement :27.02.2026 Date of uploading :27.02.2026 APHC010657742012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3520]

(Special Original Jurisdiction)

FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 786/2012 Between:

1. P ALLI DURGA & 4 OTS, W/O. LATE BANGARAYYA, R/O.

BALAYAGIPETA, KOTHAPETA (VILL& MANDAL) EAST GODAVARI DISTRICT.

2. P ALLI RATNA KUMARI,, D/O. LATE BANGARAYYA, R/O.

BALAYAGIPETA, KOTHAPETA (VILL& MANDAL) EAST GODAVARI DISTRICT.

3. P ALLI JYOTHI KUMARI,, W/O. BANGARAYYA, R/O. BALAYAGIPETA, KOTHAPETA (VILL& MANDAL) EAST GODAVARI DISTRICT.

4. P ALLI VEERABABU,, S/O. BANGARAYYA, R/O. BALAYAGIPETA, KOTHAPETA (VILL& MANDAL) EAST GODAVARI DISTRICT.

(4THPETITONER BEING MINOR REP BY MOTHER 1STPETITIONER)

5. P ALLI MANGA, W/O. BULI VEERANNA, R/O. BALAYAGIPETA, KOTHAPETA (VILL& MANDAL) EAST GODAVARI DISTRICT.

...APPELLANT(S)

AND

1. V SATYANARAYANA E G DISTRICT 4 OTS, S/O. KONDAYYA, HINDU, DRIVER R/O. EDARAPALLI VILLAGE, AMALAPURAM MANDAL, EAST GODAVARI DISTRICT.

2. N AMBUDI JAGAPATHIRAJU, S/O. SATYANARAYANA, OWNER OF TRACTOR-CUM-TRAILER, R/O. YEDIDA VILLAGE, SITANAGARAM MANDAL, EAST GODAVARI DISTRICT.

3. N ATIONAL INSURANCE CO LTD RAJAHMUNDRY, REP BY ITS DIVISIONAL MANAGER, RAJAHMUNDRY

4. I FFCOTOKIO GENERAL INSURANCE CO LTD, REP BY ITS DIVISIONAL MANAGER, G.K. TOWERS, DWARAKA NAGAR, VISAKHAPATNAM.

5. M ADDIMSETTY NAGA LAKSHMI, W/O. VENKATASWAMY, R/O. D.NO.

3-126, KEDARLANKA, KAPLIESWARAPURAM, EAST GODAVARI DISTRICT. (R5 ADDED AS PER ORDERS IN IA NO. 1569/08, DT. 3-11-

2008)

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased to Counsel for the Appellant(S):

1. POLISETTY BALA VENKATA KOTESWARA RAO Counsel for the Respondent(S):

1. K CHIDAMBARAM

2. T MAHENDER RAO

3. M BHASKARA LAKSHMI

4. GUDI SRINIVASU

5. TURAGA SAI SURYA The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.786 of 2012

JUDGMENT

Introductory:

1. This appeal is directed against the judgment and decree dated 19.10.2011 passed in M.V.O.P.No.29 of 2008 by the Motor Accidents Claims Tribunal-cum- II Additional District Judge, Amalapuram (for short “the learned MACT”). The petitioners before the learned MACT are the appellants herein.

2. Feeling aggrieved and dissatisfied with the dismissal of the claim petition filed under Section 166 of the Motor Vehicles Act, wherein compensation of Rs.4,00,000/- was claimed for the death of Palli Bangarayya (hereinafter referred to as “the deceased”), the present appeal is filed.

3. Respondent Nos.1 to 3 herein are the driver, owner and insurer of the tractor bearing Registration No.AP 5P 5228 and Respondent Nos.4 and 5 herein are the insurer of trailer bearing No.AP 5X 7352 and the registered owner of tractor respectively.

Case of the Claimants:

4(i). On 10.06.2007 at about 10.00 a.m., the deceased Palli Bangarayya, a coconut plucker, after completion of coconut plucking work at Chinnagullapalem, was returning to Kothapeta on his bicycle. When he reached near Old Ramalayam Centre, Kothapeta, East Godavari District, the tractor coming from the opposite direction in a rash and negligent manner dashed and ran over him, as a result of which the deceased died on the spot.

(ii). As on the date of accident, the deceased was aged 38 years, hale and healthy, working as a coconut plucker and earning Rs.200/- per day. On account of his untimely death, the petitioners lost their sole breadwinner and suffered irreparable loss.

5. During the pendency of the petition, respondent No.2 died and the petitioners filed an application under Order I Rule 10 CPC to implead respondent No.5 as owner of tractor, which was allowed.

6. Respondent Nos.1 and 5 remained ex parte before the learned MACT.

Case of the Respondent–Insurance Company:

7(i). The age, occupation, income of the deceased and the manner of accident shall