APHC010374302021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 41/2022 Between: 1. KARNATAKA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, BANGALORE, KARNATAKA STATE. ...APPELLANT AND 1. M V KARRYAPPA, S/O. VARIKERAPPA, AGED ABOUT 57 YEARS, WORKING IN BSNL DEPARTMENT, R/O. MARUTHI NAGAR, MADAKASIRA, MADAKASIRA MANDAL, ANANTAPURAMU DISTRICT. 2. H D VENKATESH, S/O. THIMMAIAH, AGED ABOUT 36 YEARS, KSRTC DRIVER, BANGALORE DEPOT, R/ O. MALLESHPURA VILLAGE, H.N. PURA TALUK, HASSAN DISTRICT, KARNATAKA STATE. (2ND RESPONDENT NOT NECESSARY IN THIS MACMA) ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toMemorandum of Civil Miscellaneous Appeal before this Hon'ble Court being aggrieved by the Judgment and Decree dated- 07.05.2019 in M.V.O.P.No- 102/2015 on the file of the Motor Accidents Claims Tribunal - Cum - II Additional District Judge, Hindupur 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 to condone the delay of 767 days in filing the MACMA and pass IA NO: 2 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 to stay of all further proceedings including the execution proceedings in M.V.O.P. No. 102 of 2015 2 CGR, J MACMA. No.41 of 2022 on the file of The Motor Accidents Claims Tribunal - Cum - II Additional District Judge at Hindupur, Anantapur District Counsel for the Appellant: 1. ARAVALA RAMA RAO Counsel for the Respondent(S): 1. 3 CGR, J MACMA. No.41 of 2022 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 41 OF 2022 JUDGMENT: This appeal is preferred against the order dated 07.05.2019, passed in O.P.No.102 of 2015 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Hindupur, challenging the compensation awarded. 2. The 1st respondent is the claimant and 2nd respondent is the driver of bus, who has been mentioned as not necessary party. 3. It is stated that 1st respondent-claimant died long back. Even the proceeding sheet indicates that as back as on 24.03.2023, it was brought to the notice of this Court that the said respondent died and steps were required to be taken to bring legal representatives on record, along with application for setting aside abatement. Thereafter, nothing has happened. 4. Though learned counsel for appellant submits that legal representative petition was filed, the same has been returned with certain objections. The proceeding sheet indicates that such legal representative petition was filed long back in the year 2022 itself. As no further steps are taken, and that already respondent No.1 4 CGR, J MACMA. No.41 of 2022 died, the appeal stands dismissed for abatement. There shall be no order as to costs. As a sequel, interlocutory applications pending consideration, if any, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN 06.08.2025 KBN