Date of reserved for Judgment :05.12.2025 Date of Pronouncement :03.03.2026 Date of uploading :03.03.2026 APHC010729612012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3520]

(Special Original Jurisdiction)

TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 4221/2012 Between:

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

...APPELLANT AND

1. M ANJULA VIJAYA KUMARI AND 5 OTHERS, W/O SRINIVASULU HOUSE WIFE R/OSETTYVARIPALLI VILLAGE, MUDDANUR MANDAL.

NOW R/O D.NO.9/247-A, 2. M ANJULA VENKATA DILIP KUMAR, S/O SRINIVASULU MINOR, R/OSETTYVARIPALLI VILLAGE, MUDDANUR MANDAL. NOW R/O D.NO.9/247-A, 3. M ANJULA KAVITHA, D/O SRINIVASULU MINOR, R/OSETTYVARIPALLI VILLAGE, MUDDANUR MANDAL. NOW R/O D.NO.9/247-A, 4. M ANJULA VENKATA SAI TARUN, S/O SRINIVASULU MINOR, PET. 2 TO 4 ARE REP.BY THEIR MOTHER -1ST PETITIONER R/OSETTYVARIPALLI VILLAGE, MUDDANUR MANDAL. NOW R/O D.NO.9/247-A, 5. M ANJULA PEDDA VENKATESU, S/O KONDAIAH COOLIE R/OSETTYVARIPALLI VILLAGE, MUDDANUR MANDAL. NOW R/O D.NO.9/247-A, 6. M /S SHIV SHAKTHI CONSTRUCTIONS, REP.BY ITS MANAGER, OWNER OF LORRY NO. AP 11 T 4543 R/O 6-2-318/5/1, ROAD NO.14, BANJARA HILLS, ...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toset aside the order dated 21st October, 2011 passed in MVOP.No. 217 of 2006 on the file of the MACT Cum Family Court cum VI Addl. District Judge, Kadapa IA NO: 1 OF 2012(MACMAMP 2330 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 condone the delay of 28 days in filing the appeal IA NO: 2 OF 2012(MACMAMP 2683 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 suspend the operation of the Order dated 21st October, 2011 passed in MVOP.No .2176 of 2006 on the file of the MACT cum Family Court cum VI Addl.

District Judge, Kadapa.

IA NO: 3 OF 2012(MACMAMP 7691 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 vacate the interim stay granted in MACMA.MP.No. 2683 of 2012 in MACMA(SR).No. 16517 of 2012, dt. 24/04/2012 Counsel for the Appellant:

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

1. J SESHAGIRI RAO The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.4221 of 2012

JUDGMENT

Introductory:

1. Respondent No.2 / The New India Assurance Company Limited in M.V.O.P.No.217 of 2006 on the file of Motor Accidents Claims Tribunal-cum- Family Court-cum-VI Additional District Judge, Kadapa (for short “the learned MACT”) feeling dissatisfied with the quantum of compensation of Rs.7,92,000/- with interest at the rate of 6% per annum awarded by the learned MACT as against the claim made for the death of one Manjula Srinivasulu (hereinafter referred to as “the deceased”), filed the present appeal.

2. Claimant No.1 is the wife, claimant Nos.2 to 4 are the children and claimant No.5 is the father of the deceased.

3. Respondent No.1 before the learned MACT is the owner of the Lorry bearing No.AP 11 T 4543 (hereinafter referred to as “the offending vehicle”).

Respondent No.2 is the insurer.

4. For the sake of convenience, the parties will be hereinafter referred to as the claimants and the respondents with reference to their status before the learned MACT.

Case of the claimants:

5(i). On 12.11.2005, while the deceased was travelling on his motor cycle bearing No.AP 04 J 8217, when it was near Shilpa Kalavedika of Madapur, the offending vehicle, driven by its driver came in a rash and negligent manner and dashed the motor cycle, causing the accident and instantaneous death of the deceased.

(ii). A case