APHC010092662022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 91/2022 Between:

1. T ATA AIG GENERAL INSURANCE COMPANY LTD, TATA AIG GENERAL INSURANCE COMPANY LTD., REP. BY ITS BRANCH MANAGER, ARTS COLLEGE ROAD, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. HOLDING ITS OFFICE AT HYDERABAD REP, BY ITS AUTHORIZED PERSON APPELLANT/RESPONDENT NO.2 ...APPELLANT AND

1. M ANGI DAMAYANTHI, W/O. LATE LAXMINARAYANA @ SRINU, AGED 22 YEARS, HOUSE WIFE, RESIDING AT 1-1-285, KONDI VEEDHI, MOGILIPADU VILLAGE, PALASA MANDAL, SRIKAKULAM DISTRICT.

2. M ANGI VENU, S/O. LATE LAXMINARAYANA @ SRINU, AGED 2 YEARS, MINOR, MOTHERS PROTECTION, (PETITIONER NO.2 BEING MINOR REP, BY HIS NATURAL GUARDIAN- MOTHER 1ST PETITIONER- MANGI DAMAYANTHI)

3. M ANGI ADILAXMI, W/O. LATE BEEMUDU @ BHIMA RAO, AGED 54 YEARS, HOUSE WIFE, D.N0.326, BENDI COLONY, BENDI VILLAGE, VAJRAPU KOTTURU (M), SRIKAKULAM DT.

4. N ARTHU DHILLESWARA RAO, , S/O. LATE NARAYANA, AGED 56 YEARS, DRIVER CUM OWNER OF TATA ACE VAN BEARING NO. AP 30 U 8917,KOTTAPUTTUGA VILLAGE, KAVITI MANDAL, SRIKAKULAM DISTRICT.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toThe appellants begs to present this Memorandum of Grounds of Civil Miscellaneous Appeal to this Hon'ble High Court being aggrieved by the decree and judgment dated 23-12-2021 passed in MVOP no. 190 / 2018 on the file of Motor Accident claims Tribunal cum Principal District Judge, Srikakulam IA NO: 1 OF 2022 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 pleased to grant stay the execution of the decree and judgment passed in MVOP No 190 of 2018 dated 23-12-2021 on the file of Motor Accident Claims Tribunal cum Principal District Judge Srikakulam Counsel for the Appellant:

1. D RAVI KIRAN Counsel for the Respondent(S):

1. SRINIVASA RAO KURAPATI The Court made the following:

JUDGMENT:

This appeal is filed by the Insurance Company challenging the order and decree dated 23.12.2021 passed in M.V.O.P. No.190 of 2018 on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Srikakulam, wherein the Tribunal awarded compensation of Rs.12,94,000/- (Rupees Twelve Lakhs Ninety Four Thousand only) to the petitioners/respondent Nos.1 to 3 herein, as against the claim of Rs.15,00,000/-, on account of the death of the deceased, Mangi Laxminarayana @ Srinu, in a motor vehicle accident that occurred on

08.04.2016.

02. For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.

03. Brief facts of the case are as follows:

a) On 08.04.2016, in the morning, the deceased Mangi Laxminarayana started from his village Bendi to go to his sister‟s house at Ponduruputtuga village on his motorcycle bearing No.AP 30 AE 4331. After completion of his work, when he reached near Kalika Marrichettu on the B.T. Road from Silagam to NH-16 road at about 11:10 a.m., the 1st respondent drove the Tata Ace goods carriage van bearing No.AP 30 U 8917 (hereinafter referred to as the offending vehicle) in a rash and negligent manner and dashed against the motorcycle of the deceased and fled away from the scene. The deceased sustained grievous injuries and was shifted to Community Health Centre, Ichapuram, in a 108 Ambulance. The Medical Officer referred him to MKCG Hospital, Berhampur for better treatment, where he succumbed to the injuries at about 3:30 p.m. on the same day. The Station House Officer, Kaviti Police Station, registered a case in Crime No.11 of 2016 under Section 304-A IPC against the 1st respondent and filed charge sheet in C.C. No.191 of 2016 on the file of the Judicial Magistrate of First Class, Ichapuram.

b) It is the case of the petitioners that the deceased was working as a welder