Appeal filed under Order 41 of CPC before the High Court pleased to allow the appeal by setting aside the Judgment and Decree passed by Chairman, Motor Accidents Claims Tribunal -Cum-Pincipal District Judge, Srikakulam passed, in M.V.O.P.No. 158/2020 dated 22.12.2022, and pass

IA NO: 1 OF 2023

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 of execution of Decree passed by Chairman, Motor Accidents Claims Tribunal -Cum-Pincipal District Judge, Srikakulam passed in M.V.O.P.No. 158/2020 dated 22.12.2022, pending disposal of the above M.A.C.M.A and pass

IA NO: 1 OF 2025

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 be pleased to permit the petitioners to withdraw the decretal amount passed in I.A.No 1 of 2023 in MACMA No 117 of 2023 Dated 21.03.2023 and pass

IA NO: 2 OF 2025

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 be pleased to vacate the interim stay granted in I.A.No 1 of 2023 in MACMA No 117 of 2023 Dated 21.03.2023 and pass

Counsel for the Appellant:

1.K SRINIVASA PRASAD SC For APSRTC

Counsel for the Respondent(S):

1.S SRINIVASA RAO

The Court made the following:

J U D G M E N T:

The appeal is filed by the appellant/APSRTC, challenging the order and decree dated 22.12.2022 passed in M.V.O.P.No.158 of 2020 by the Motor Accidents Claims Tribunal-cum-Principal District Judge, Srikakulam, wherein the Tribunal awarded compensation of Rs.16,76,500/- (Rupees Sixteen Lakhs Seventy Six Thousand Five Hundred only) to the claimants/respondents No.1 to 4 herein, as against the claim of Rs.20,00,000/-, on account of the death of deceased Sivvala Rambabu in a motor accident that occurred on 19.03.2020.

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

03. The case of the petitioner, in brief, is as follows:

a) On 19.03.2020 at about 7:30 a.m., the deceased left his house on a motorcycle bearing No.AP 30-Q-6680 proceeding towards Seethampeta for his work as a JCB operator. When he reached near the tank curve at Sirikonda Village, the driver of APSRTC bus bearing No.AP 20-Z-0270 drove the vehicle in a rash and negligent manner and at high speed, and dashed against the motorcycle of the deceased. As a result, the deceased fell down and sustained grievous injuries, including head injuries, fractures, and bleeding injuries, and died on the spot. The accident was reported to Palakonda Police Station and a case in Crime No.81 of 2020 under Section 304-A IPC was registered against the driver of the bus. After investigation, charge sheet was filed against him in C.C. No.256 of 2020 on the file of the Judicial Magistrate of First Class, Palakonda.

b) ) It was further pleaded that the deceased was working as a JCB operator earning about Rs.600/- per day, i.e., approximately Rs.18,000/- per month, and was maintaining the entire family, including his aged parents. On account of his sudden death, the petitioners lost their source of livelihood and, therefore, sought compensation of Rs.20,00,000/-.

04. Respondent Nos.1 and 2 filed separate written statements denying the allegations. Their common defence was that the bus driver was driving cautiously and in normal speed on the correct side of the road. According to them, the deceased attempted to overtake a lorry at high speed and, while coming onto the wrong side of the road, lost control of the motorcycle and dashed against the bus. Thus, they contended that the accident occurred solely due to the rash and negligent driving of the deceased himself. It was also pleaded that the owner and insurer of the motorcycle were necessary parties and that there was contributory negligence on the part of the decease