Date of reserved for Judgment :11.02.2026 Date of Pronouncement :01.05.2026 Date of uploading :04.05.2026 APHC010027362015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3520]

(Special Original Jurisdiction)

FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2454/2015 Between:

1. P RATAPARAO SIVA SAI RAMAKRISHNA, VIZIANAGARAM, S/O.

RAJARAO, AGED 35 YEARS, HINDU, RAJA VEEDHI,GAJULAREGA, VIZIANAGARAM.

...APPELLANT AND

1. B URLE RAJESWARA RAO VIZIANAGARAM 2 OTHERS, S/O NARAYANA RAO, AGED 35 YEARS, HINDU DRIVER OF LORRY BEARING NO.AP 35 U 1548, D.NO.8-10-268, GADIKHANA, RAILWAY STATION, VIZIANAGARAM.

2. T JAGADEESH, S/O APPARAO, AGED 40 YEARS, OWNER OF LORRY BEARING NO.AP 35U1548, PLOT NO.89, SBI COLONY, BALAJI NAGAR, VIZIANAGARAM.

3. U NITED INDIA INSURANCE COMPANY LTD, SRIKAKULAM REP., BY ITS DIVISIONAL MANAGER.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC before the High Courtaggrieved by the decree and judgment Dtd.4th day of August, 2014, passed in M.O.P. No. 192 /

2013 in the Motor Accidents Claims Tribunal (1st Addl. District Court)

Vizianagaram IA NO: 1 OF 2015(MACMAMP 4883 OF 2015 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 324 days in re-presenting M.A.C.M.A. Sr.No.35141 of 2014 and pass Counsel for the Appellant:

1. JAYANTI S C SEKHAR Counsel for the Respondent(S):

1. SRINIVASA RAO KATAKAMSETTY

2. .

The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.2454 of 2015

JUDGMENT:

Introductory:

1. This appeal is directed against the order and decree dated 04.08.2014 passed in M.V.O.P.No.192 of 2013 by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Vizianagaram (for short “the learned MACT”). The petitioner before the learned MACT is the appellant herein.

2. Feeling aggrieved and dissatisfied with the quantum of compensation of Rs.5,81,053/- awarded as against a claim made for Rs.12,00,000/-, the present appeal is filed seeking enhancement.

3. Respondent Nos.1 and 2 are the driver and owner of the lorry bearing No.AP 35 U 1548 (hereinafter referred to as “the offending vehicle”) and respondent No.3 is the insurer of the offending vehicle. The claim was allowed against all the respondents, fixing joint and several liability.

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

Case of the claimant:

5(i). On 06.01.2013 at about 01:00 PM, while the claimant was proceeding on his motor cycle on the left side of the road near CMR Shopping Mall, Railway Station Road, Vizianagaram, the offending vehicle, driven by respondent No.1 in a rash and negligent manner, came in the opposite direction and dashed the motor cycle.

(ii). As a result of the accident, the claimant fell down and sustained grievous injuries. He was initially shifted to Sukhibhava Critical Care Hospital, Vizianagaram and thereafter referred to Indus Hospital, Visakhapatnam for better treatment.

(iii). The claimant sustained crush injury to his left leg and other injuries all over the body, his left leg was amputated below the knee.

(iv). At the time of the accident, the claimant was aged about 35 years, hale and healthy, and working as an electrician, earning Rs.10,000/- per month.

(v). Due to the amputation of his left leg, the claimant became permanently disabled and lost his earning capacity and also suffered loss of amenities of life, apart from incurring huge medical expenses.

(vi). The accident occurred due to the rash and negligent driving of respondent No.1, and hence, the respondents being driver, owner and insurer of the offending vehicle are jointly and severally liable to pay compensation.

Case of the respondents:

6. Respondent Nos.1 and 2 remained ex parte before the learned M