% I APHC010548312012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.423 of 2012 Appeal filed under Section 173 of M.V.Act, against the award and decree in M.V.O.P.No.508 of 2005 dated 08.06.2006 on the file of the District Judge-cum-Motor Accidents Claims Tribunal, Visakhapatnam, Visakhapatnam District. Between: 1. The State of A.P., rep by the District Collector, O/o.Visakhapatnam. 2. The Superintendent of Police, Visakhapatnam. 3. The Motor Transport Organisation, represented by Inspector of General of Police, O/o.Hyderabad. ...Petitioners/Respondents AND 1. Divya Bhavani, W/o.late Divya Nageswara Rao, Hindu, Employee R/o.Baji Junction, NAD Kotharoad, Visakhapatnam. 2. Divya Sai Kiran, S/o.late Nageswara Rao, Hindu, minor, rep by their Respondent, R/o.Baji Junction, NAD Kotharoad, St mother 1 Visakhapatnam. 3. Divya Nageswara Rao, S/o.late Nageswara Rao, Hindu, minor, rep by their mother 1®* Respondent, R/o.Baji Junction, NAD Kotharoad, Visakhapatnam. 4. Divya Venkata Ratnam, W/o.late Narayana Swamy NAD Kotharoad, Visakhapatnam. R/o.Baji Junction ...Respondents/Petitioners jA NO: 3 OF 2009(IVIACMAMP 4559 OF 9nnQ| Petition under Section 151 of CPC stated in the affidavit filed i - praying that in the circumstances in support of the petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the Award and Decree made in MOP.No.508/2005 dated 08.06.2007 Vehicles Accidents Claims Tribunai on the file of the Motor cum District Court, Visakhapatnam including EP.No. 140/2008 pending decision in the above appeal. Counsel for the Petitioners : GP for Arbitration Counsel for the Respondents: None Appeared The Court made the following order: APHC010548312012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 423/2012 Between; 1.THE DISTRICT COLLECTOR & 2 ORS, REP BY THE DISTRICT COLLECTOR O/O.VISAKHAPATNAM. 2.THE SUPERINTENDENT OF POLICE, VISAKHAPATNAM 3.THE MOTOR TRANSPORT ORGANISATION, REP BY ISPECTOR OF GENERAL OF POLICE 0/0.HYDERABAD. ...APPELLANT(S) AND 1.DIVYA BHAVANI 3 ORS, W/O.LATE DDIVYA NAGESWARA RAO, HINDU EMPLOYEE R/O.BAJI JUNCTION, NAD KOTHAROAD, VISAKHAPATNAM. 2.DIVYA SAI KIRAN, S/0.LATE DIVYA NAGESWARA RAO, HINDU R/O.BAJI JUNCTION, NAD KOTHAROAD, VISAKHAPATNAM. 3. DIVYA NAGESWARA RAO, S/O.LATE DIVYA NAGESWARA RAO, HINDU R/O.BAJI JUNCTION, NAD KOTHAROAD, VISAKHAPATNAM. 4.DIVYA VENKATA RATNAM, W/O.LATE NARAYANA SWAMY [R2&3 BEING MINORS REP BY THEIR MOTHER R1] R/O.BAJI JUNCTION, NAD KOTHAROAD, VISAKHAPATNAM. ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased to lA NO: 1 OF 2009(MACMAMP 4398 OF 2009 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 condone the delay of 584 days in representation of MACMASR No.57973/2007 lA NO: 2 OF 2009tMACMAMP 4399 OF 2009 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 condone the delay of 91 days in presenting the above appeal against the award and decree in MOP No.508/2005 dated 08.06.2007 on the file of the Motor Vehicles Accidents Claims Tribunal cum District Court, Visakhapatnam lA NO: 3 OF 2009(MACMAMP 4559 OF 2009 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 grant stay of all further proceedings pursuant to the Award and Decree made in MOP.No. 508/2005 dated 08.06.2007 on the file of the Motor Vehicles Accidents Claims Tribunal cum District Court, Visakhapatnam including EP.No. 140/2008 pending decision in the above appeal lA NO: 4 OF 2009(MACMAMP 5324 OF 2009 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 extend the time granted by this Hon'ble Court in MACMAMP No.4559/2009 in MACMASR No.57973/2007 on 25.08.2009 by 3 months lA NO: 1 OF 2012fMACMAMP 65 OF 2012 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 extend the time granted by this Hon'ble Court in MACMA.MP.No. 5324 of 2009 dt. 23/10/2009 upto 01/10/2011 i.e., on the day when the deposit was made as per the direction of this Hon'ble Court Counsel for the Appellant(S): 1.GP FOR ARBITRATION Counsel for the Respondent(S); 1. I The Court made the following: 4 AHHS,J M.A.C.M.A.NO,423 OF 2012 ¥ JUDGMENT:- This appeal is directed against the award and decree in M.V.O.P. No. 508 of 2005, dated 08.06.2006, wherein a claim under Section 166 was made for Rs. 5,00,000/- and was allowed for Rs. 3,70,000/-. On 30.11.2011, while permitting the personal notice ordered earlier to be served, the matter was adjourned with the observation that the appeal would be liable to dismissal for non-prosecution. 2. On 14.06.2023, there was no representation for either side. 3. On 27.06.2023 and 03.07.2023, at the request of the learned counsel 4. for the appellants, the matter was adjourned. On 12.07.2023, permission for personal notice was granted, and the 5. matter was posted to 17.08.2023. On 17.08.2023, time was sought to file proof of service in the Registry. 6. On 05.09.2023, time was sought for filing proof of service. Subsequently, time was sought on multiple occasions for filing proof of service, but no proof was submitted. On several dates, including 24.01.2024, 27.01.2025, 27.06.2025, and 18.07.2025, requests were made to take out personal notice and file proof of service, but no proof of service has been filed as of today. 7. Today, i.e., on 22.08.2025, time was again sought, but the request is refused, considering the conduct of the appellant. 8. 5 h ahhl-,. M.A.C.M.A.NO.423 OF 2012 IS not diligent, the appeal is no order as to costs. 9. In light of the appellant's conduct, which i dismissed for non-prosecution. There shall be As a sequel, miscellaneous order granted earlier, if any, shall stand petitions, if any pending and the Interim closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The District Judge-cum-Motor Accidents Claims Visakhapatnam, Visakhapatnam District, (with records if any) 2. Two CCs to GP for Arbitration, High Court of Andhra Pradesh [OUT] 3. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 4. Two CD Copies Tribunal, TK NM HIGH COURT DATED:22/08/2025 JUDGMENT MAGMA No.423 of 2012 ?ros c? ■ 2 2 SEP 2025 m; Cn rrentSectiMX^^ DISMISSING THE MACMA FOR NON PROSECUTION