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2025 DAILYLAW 28307 (AP)

EMMANDI DRAKSHYANAI @ VUYYURI DRAKSHAYANI v. PURAM SRIKANTH REDDY

TRCMP/326/2024 · 2025-02-12

Venuthurumalli Gopala Krishna Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 326 OF 2024 Between; Emmandi Drakshayani @ Vuyyuri Drakshayani, W/o. Vuyyuri Durga Satya Vara Prasad, D/o Emmandi Suribabu, Aged 23 years. House Wife, Hindu, R/o D.No. 19-3-14/10, Ramachandraraopeta, Near Swatantra Hospital, Rajamahendravaram, East Godavari District. ...Petitioner AND 1. Puram Srikanth Reddy, S/o. Anji Reddy, Aged 35 years. Driver of Travel bus no. TS09 UB 1994, R/o D.No. 1-37, Cheetipally, Yelloyi, Medak District, Telangana State. Pin-502242. 2. B. R. Shaker Ahmed Khan, S/o. Khan, Aged 50 years. Owner of Travel bus no. TS09 UB 1994,0/06-2-29/3/3 and 4, Ground Floor, Daulath Plaza, Lakdikapool, Khairatabad, Hyderabad, Telangana State, Pln- 500004. 3. TATA AIG General Insurance Co. Ltd, Rep. by Its Branch Manager, Branch Office, D.No.46-17-20, Ground Floor, Kilari Enclave, Revenue Ward-27, Danavaipeta, Rajamahendravaram-533103. % 4. Vuyyuri Dhanalakshmi, W/o. (Late) Ramachandrarao, Aged 60 years. Coolie, R/o D.No.4-17, Ramalayam Veedhi, Appalarajugudem, T. Narsapuram Mandal, West Godavari District. Pin-534456 ...Respondents Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer MVOP No. 712/2022 which is filed by the Respondent No.4 herein which is pending before the M.A.C.T. shortly Tribunal (PDJ), Eluru, West Godavari District, Andhra Pradesh to the MACT (Dist And Sessions Judge), Rajamahendravaram, East Godavari District where the MVOP No. 372/2022. lA NO: 1 OF 2024 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 appearance of the Petitioner in the MVOP No. 712/2022 which is filed by the Respondent No.4 herein which is pending before the M.A.C.T. shortly Tribunal (PDJ), West Godavari District, Andhra Pradesh, pending disposal of the Eluru, above Transfer C.M.P. Counsel for the Petitioner: SRI A. RAVEENDRA BABU Counsel for the Respondent Nos.1 to 3: — Counsel for the Respondent No.4: SRI KHAMBHAMPATI RAMESH The Court made the following ORDER: HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION N0.326 OF 2024 ORDER: The petitioner herein have filed the present petition seeking to withdraw MVOP No.712 of 2022 which is pending on the file of the Motor Accidents Claims Tribunal-cum-VIII Additional District & Sessions Judge, Eluru and transfer the same to the Motor Accidents Claims Tribunal-cum- Phncipal District Judge, East Godavari at Rajamahendravaram where MVOP No.372 of 2022 is pending, for enquiry. 2. The case of the petitioner in brief is as follows; On 22.02.2022 while the husband of the petitioner by name Vuyyuri Durga Satya Vara Prasad is going to meet his friend from their house by walk and he reached near Carewell Hospital, Shapurnar, Jeedimetia Junction of Cyberabad, when he was after crossing the zebra cross of footpath below margin of the road, one Ashok Leyland Bus bearing No.TS- 09-UB-1994 driven by its driver came from Rajularamaram to Attapur side in a rash and negligent manner with high speed and without blowing horn and without following traffic rules, dashed the husband of the petitioner and when he fell on the side of the road, the bus ran over his head and body. As a result of which, the husband of the petitioner died at the spot itself. The petitioner instituted a claim application in MVOP No.372 of 2022 before the Motor Accidents Claims Tribunal-cum-Principal District Judge, East Godavari at Rajamahendravaram and the same is pending for enquiry. She to know that her mother-in-law also filed claim application in MVOP came No.712 of 2022 before the Motor Accidents Claims Tribunal-cum-VI II Additional District & Sessions Judge, Eluru, which is pending for enquiry and that the petitioner is constrained to file this application to transfer MVOP No.712 of 2022 from Motor Accidents Claims Tribunal-cum-VII I Additional District & Sessions Judge, Eluru to Motor Accidents Claims Godavari at East District Judge T ribunal-cum-Principal 2 Rajamahendravaram to avoid conflict applications. decisions in both the claim 3. Heard Sri A. Ravaindra Babu, learned and heard Sri Kambhampati Ramesh respondent. counsel for the petitioner learned counsel for the 4*'’ 4. Learned counsel for the 4*^ respondent would no justifiable grounds to consider the request of the petition may be dismissed. contend that there petitioner and the are 5. The material available on record prima facie goes to show that tf* petitioner instituted MVOP No.372 of 2022 for claiming the death of her husband before the Motor Accidents Claims Tribunal Principal District Judge, East Godavari compensation f -C' .1- at Rajamahendravaram, likewise the mother-in-law of the petitioner also instituted another claim application vide MVOP No.712 of 2022 before the Motor Accidents Claims Tribunal- cum-VIII Additional District & Sessions Judge, Eluru. It is not in dispute that the enquiry in MVOP No.372 of 2022 on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge Rajamahendravaram has been commenced and the same has been posted for cross examination of P.W.1 and P.W.2 and the enquiry in MVOP No.712 of 2022 on the file of the Motor Accidents Claims Tribunal-cum-V III Additional District & Sessions Judge, Eluru has not been commenced. Admittedly, both the claim applications are filed for claiming compensation for the death of deceased by name Vuyyuri Durga Satya Vara Prasad. Therefore, both the claim applications for claiming compensation have to tried by one Presiding Officer of Motor Accidents Claims Tribunal, enquiry in MVOP No.372 of 2022 on the file of Motor Accidents Claims Tribunal-cum-Principal Rajamahendravaram has been commenced, I am of the considered view that there are justifiable grounds to consider the request of the petitioner. East Godavari at be Since District Judge, East Godavari at ' # 3 6. In the result, the present petition is allowed and MVOP No.712 of 2022 on the file of the Motor Accidents Claims Tribunal-cum-VIII Additional District & Sessions Judge, Eluru, is hereby withdrawn and transferred to the Motor Accidents Claims Tribunal-cum-Principal District Judge, East Godavari at Rajamahendravaram for conducting enquiry together with MVOP No.372 of 2022 where it is pending. The Motor Accidents Claims Tribunal-cum-VIII Additional District & Sessions Judge, Eluru, shall transmit the case record in MVOP No.712 of 2022 to the Motor Accidents Claims Tribunal-cum-Principal District Judge, East Godavari at Rajamahendravaram duly indexed forthwith. It was represented by both the counsels on record that some time limit may be fixed to the Motor Accidents Claims Tribunal-cum-Principal District Judge, East Godavari at Rajamahendravaram for disposal of the cases. Considering the request of both side counsels on record, the Presiding Officer of the Motor Accidents Claims Tribunal-cum-Pri ncipal District Judge, East Godavari at Rajamahendravaram, is hereby directed to dispose of the MVOP No.372 of 2022 along with MVOP No.712 of 2022 which is now transferred to Principal District Judge, East Godavari at Rajamahendravaram within a period of three (03) months from the date of receipt of record in MVOP No.712 of 2022 from Accidents Claims Tribunal- cum-VIII Additional District & Sessions Judge, Eluru. Considering the facts and circumstances of the case, there shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending in the petition shall stand closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The Principal District Judge, East Godavari at Rajamahendrava ram. 2. The Chairman, Motor Accidents Claims Tribunal - cum Additional District & Sessions Judge, Eluru. VIII 3. The Principal District & Sessions Judge, Eluru, West Godavari District. 4. One CC to Sri A Raveendra Babu, Advocate [OPUC] 5. One CC to Sri Kambhampati Ramesh, Advocate [OPUC] 6. Three CD Copies ’ll Chp sree I. HIGH COURT DATED:12/02/2025 ORDER TRCMP.No.326 of 2024 g 0 5 MAR 2025 ^ . Current Section <3\. col ALLOWING THE TR.CMP. WITHOUT COSTS