Date of reserved for Judgment :21.11.2025 Date of Pronouncement :27.02.2026 Date of uploading :27.02.2026 APHC010630622012 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: 737/2012 Between:

1. J YOTHI PRATAP, S/O LATE DEVASAYAM CHRISTIAN, PREVIOUSLY BUS DRIVER R/O HARIJANAWADA, PATHA KADAPA, KADAPA DISTRICT.

...APPELLANT AND

1. M /S SREE MADAVI TRAVELS 3 OTHERS, K. JANARDHAN, PURANIKA, FATHERS NAME NOT KNOWN R/O D.NO. 19/100, MADRASS ROAD, KADAPA

2. T HE NEW INDIA ASSURANCE COMPANY LIMITED, REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE NAGARJUNAPETA, KADAPA.

3. S MT J SOBHA RANI, W/O JAGADESWARA REDDY HINDU, OWNER OF THE BUS NO. AP 04 U 3979 R/O DOOR NO. 11/6, NABIKOTA, KADAPA

4. U NITED INDIA INSURANCE COMPANY LIMITED, REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE DHOBIGHAT ROAD, KADAPA ...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased to IA NO: 1 OF 2012(MACMAMP 1571 OF 2012 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 condone the delay of 13 days in resubmitting the MACMA SR No. 7066 of 2012 and pass Counsel for the Appellant:

1. D KODANDARAMI REDDY Counsel for the Respondent(S):

1. GUDI SRINIVASU 2. T V P SAI VIHARI

3.

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2224/2012 Between:

1. T HE NEW INDIA ASSURANCE CO. LTD.,, REP. BY ITS DIVIL.

MANAGER, DIVIL. OFFICE NAGARAJUPETA, KADAPA ...APPELLANT AND

1. J YOTHI PRATAP 3 OTHERS, S/O LATE DEVASAYAM, CHRISTIAN, PREVIOSULY BUS DRIVER, R/O HARIJANAWADA, PATHA KADAPA,KADAPA DISTRICT.

2. M /S SREE MADAVI TRAVELS REP BY ITS MANAGING PARTNER, K.

JANARDHAN, PURANIKA, FATHERS NAME NOT KNOWN R/O D.NO.

19/100, MADRASS ROAD, KADAPA

3. S MT J SOBHA RANI, W/O JAGADESWARA REDDY HINDU, OWNER OF THE BUS NO. AP 04 U 3979 R/O DOOR NO. 11/6, NABIKOTA, KADAPA DISTRICT.

4. U NITED INDIA INSURANCE COMPANY LIMITED, REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE DHOBIGHAT ROAD, KADAPA ...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toto allow the appeal.

IA NO: 1 OF 2012(MACMAMP 4058 OF 2012 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 stay the execution of decree and Judgment passed in MVOP No. 528 of 2006 dt. 5-1-2012 on the file of the Chairman, Motor Accident Claims Tribunal Cum VI Additional District Judge, Kadapa, Pending the final disposal of the main appeal and pass Counsel for the Appellant:

1. T V P SAI VIHARI Counsel for the Respondent(S):

1. D KODANDARAMI REDDY

2. GUDI SRINIVASU The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.Nos.737 and 2224 of 2012

COMMON JUDGMENT

Introductory:

1. Claimant in M.V.O.P.No.528 of 2006 on the file of Motor Accidents Claims Tribunal-cum-Family Court-cum-VI Additional District Judge, Kadapa (for short “the learned MACT”) filed M.A.C.M.A.No.737 of 2012 and Respondent No.2 (the New India Assurance Company Limited) before the learned MACT filed M.A.C.M.A.No.2224 of 2012.

2. The petitioner/claimant i.e. Jyothi Pratap, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.8,00,000/- for the injuries sustained in a motor vehicle accident that occurred on 18.08.2005.

3. The learned MACT partly allowed the claim and awarded a total compensation of Rs.2,53,600/- with interest at the rate of 6% per annum, while dismissing the claim against respondent Nos.3 and 4.

4. Aggrieved by the same, the petitioner/claimant preferred M.A.C.M.A.No.737 of 2012 contending inadequacy of compensation, while respondent No.2/Insurance Company filed appeal i.e. M.A.C.M.A.No.2224 of

2012 disputing liabilit