Date of reserved for Judgment :21.11.2025 Date of Pronouncement :27.02.2026 Date of uploading :02.03.2026 APHC010039152012 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: 658/2012 Between:

1. M UNAGALA SUBBARAYUDU, S/O SESHAIAH TELEPHONE MECHANIC R/O CHANDRAMOULI NAGAR, GUNTUR.

...APPELLANT AND

1. T SRINIVASA REDDY AND ANOTHER, S/O FATHER NAME NOT KNOWN BUSINESS C/O SAI FINANCE COMPANY, PATAMATA CENTRE VIJAYAWADA.

2. U NITED INDIA INSURANCE COMPANY LIMTIED, REP.BY ITS DIVISIONAL MANAGER, PATAMATA, VIJAYAWADA.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toallow the appeal in toto by awarding compensation of Rs. 2,18,735/- [Rupees Two lakshs Eighteen Thousands Seven Hundred and Thirty Five Only] to the petitioner/Appellant in additional to comepsnation already grnated by the Hon'ble Fiorst Addl. Dist. Judge cum MACT Guntur against all the respondents with interest thereon along wtih costs through out IA NO: 1 OF 2008(MACMAMP 1649 OF 2008 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 condone the delay of 1996 days happened in preferring the appeal before this Hon'ble Court IA NO: 1 OF 2024 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 may please to allow the Petitioner/Appellant to produce hospital bill dated: 15.03.2006 as additional evidence in the above MACMA 658 of 2012 on the file of this Hon‟ble Court and to pass Counsel for the Appellant:

1. B CHINNAPA REDDY Counsel for the Respondent(S):

1.

2. A JAYANTHI The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA I.A.No.1 of 2024 in/and M.A.C.M.A.No.658 of 2012

COMMON JUDGMENT

Introductory:

1. The claimant in M.V.O.P.No.68 of 1999, dissatisfied with the quantum of compensation awarded in a sum of Rs.81,265/- as against the claim made for Rs.3,00,000/- under decree and order dated 28.11.2001 passed by the Motor Vehicles Accidents Claims Tribunal-cum- I Additional District Judge, Guntur (for short “the learned MACT”), filed the present appeal.

2. Both the respondents remained ex parte before the learned MACT. However, in this appeal, respondent No.2 / Insurance Company is represented by Smt. A. Jayanthi, learned counsel.

3. Heard both sides.

4. For the sake of convenience, the parties will be referred to as the claimant and the respondents as and how they are arrayed before the learned MACT.

Case of the claimant:

5(i). The claimant was working as a regular Mazdoor in the Telephone Department, Chandramoulinagar, Guntur. While he was traveling along with other employees on 20.05.1995 at about 02:30 p.m. in a van bearing No.AP 7T 2738 of the Telephone Department and when the van reached Chintaguntla Village of Markapur Mandal, a vehicle / lorry of respondent No.1 bearing No.AP 10T 2979 (hereinafter referred to as “the offending vehicle”) came in the opposite direction and dashed the van in which the claimant was travelling, causing grievous injuries to his both legs and left hand and resulting in the death of two other employees traveling in the said vehicle.

(ii). A case in crime No.37 of 1995 for the offences under Sections 304-A and 338 IPC was registered against the driver of the offending vehicle, who was subsequently charge sheeted.

(iii). The petitioner / claimant was initially shifted to G.G.H., Guntur, where he was treated as an inpatient for four days. From there, he was shifted to Dr. Laxmana Swamy Hospital, Laxmipuram, Guntur, where he has undergone five major surgeries and was an inpatient in the said hospital for two months and incurred Rs.75,000/- towards the treatment etc. Due to the accid