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MACMA2 0N2O6.3:6A4P/2H02C2 :18330

VS,J.

APHC010459182022

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE SECOND DAY OF MARCH

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 364/2022

Between:

1. AVANIGADDA KANAKA DURGA, HINDU, AGED ABOUT 51 YEARS,

R/O D.NO.1/212, PEDAPROLU VILLAGE, MOPIDEVI MANDAL,

KRISHNA DISTRICT.

2. AVANIGADDA ACHIYYA, (DIED), S/O POTHU RAJU, HINDU, AGED

ABOUT 52 YEARS, R/O D.NO.1/212, PEDAPROLU VILLAGE,

MOPIDEVI MANDAL, KRISHNA DISTRICT. (DIED AS PER LR'S 3 TO 5)

3. AVANIGADDA SESHAMMA, W/O. POTHURAJU, AGED 79 YEARS,

R/O. D.NO.9-65, TADIGADAPA, PENAMULURU VILLAGE AND

MANDAL, KRISHNA DISTRICT

4. AVANIGADDA VENKATA RATNAM, S/O. ACHIYYA, AGED 34 YEARS,

R/O. D.NO.9-65, TADIGADAPA, PENAMULURU VILLAGE AND

MANDAL, KRISHNA DISTRICT

5. AVANIGADDA BALARAJU, S/O. ACHIYYA, AGED 25 YEARS, R/O.

D.NO.9-65, TADIGADAPA, PENAMULURU VILLAGE AND MANDAL,

KRISHNA DISTRICT

PETITIONERS NO. 3 TO 5 ARE BROUGHT ON RECORD AS LR'S OF

THE DECEASED PETITIONER NO.2 VIDE COURT ORDER DATED

31.12.2025 IN I.A.NO.2/2025

...APPELLANT(S)

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MACMA2 0N2O6.3:6A4P/2H02C2 :18330

VS,J.

AND

1. MADDALI BALA PRASAD, S/O ANJANEYULU, HINDU, AGED ABOUT

51 YEARS, DRIVER OF A.P.S.R.T.C, R/O KORAMUKKUVANIPURAM,

PAMARRU VILLAGE AND MANDAL, KRISHNA DISTRICT.

2. THE REGIONAL MANAGER, A.P.S.R.T.C. PANDIT NEHRU BUS

TERMINAL, VIJAYAWADA, KRISHNA DISTRICT.

...RESPONDENT(S):

Counsel for the Appellant(S):

1. NARASIMHA RAO GUDISEVA

Counsel for the Respondent(S):

1. R S MANIDHAR PINGALI

2. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

The Court made the following:

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MACMA2 0N2O6.3:6A4P/2H02C2 :18330

VS,J.

THE HONOURABLE SMT JUSTICE V.SUJATHA

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 364/2022

J U D G M E N T:

1. This Motor Accident Civil Miscellaneous Appeal (for short MACMA)

has been preferred by the claimants/Petitioners seeking enhancement of

compensation amount being aggrieved by the order and decree passed by the

Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- IX Additional

District Judge, (Fast Track Court), Krishna, Machilipatnam, in M.V.O.P.No.527 of

2016 dated 31.07.2018, wherein the Tribunal has awarded total compensation of

Rs.6,07,000/- but, restricted the award to an amount of Rs.3,03,500/- as against

the claim of Rs.10,00,000/-.

For the sake of convenience and to avoid confusion, the parties herein

after are referred to as they were arrayed before the Tribunal i.e., Appellants as

claimants/Petitioners; and Respondents as Respondents.

2. The petitioners filed a petition under sections 140 and 166 of Motor

Vehicles Act read with Rule 455 of A.P Motor Vehicle Rules, claiming

compensation of Rs.10,00,000/- for the death of Avanigadd Madhu, son of

Achiyya, who died in a motor vehicle accident.

3. Brief averments of the claim petition in MVOP No.527 of 2016 are

that – the petitioners are mother and father respectively of the deceased –

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MACMA2 0N2O6.3:6A4P/2H02C2 :18330

VS,J.

Avanigadda Madhu (hereinafter referred to as the “deceased”). The deceased

was aged 19 years, unmarried, hale and healthy as on the date of accident.

i. On 06.07.2016 at about 3.30 P.M the deceased – Madhu went to Poranki

village on TVS motor Cycle bearing No.AP16 CH 1435 belongs to Chillies

Restaurant for delivery of some articles and returning to Chillies Restaurant, at

that time, one APSRTC bus bearing No.AP11 Z 4089 driven by its driver i.e., 1^st

respondent in a rash and negligent manner, without following traffic rules and

without blowing horn, dashed in front port of motor cycle of deceased, due to

which, deceased sustained grievous multiple bleeding injuries all over his body,

shifted to Nagarjuna Hospital, Vijayawada for treatment and while undergoing

treatment in Nagarjuna Hospital, Vijayawada, deceased was died on 14.07.2016,

then his dead body was shifted to Government Hospital, Vijayawada for

postmortem examination. On receipt of hospital intimation, a case in Cr.No.385

of 2016 was registe