IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FIFTH DAY OF MAY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL Nos : 3179 OF 2017 AND 1539 OF 2014 MACMANo.3179 of 2017 Appeal filed under Section 173 of M.V.Act, praying that the High Court may be pleased to grant-the compensation of an amount of Rs.27,09,400/- along with interest @18 % per annum from the date of accident till the date of realization modifying the award of the Learned Motor Accident Claims Tribunal 3t ■ ■ Cum - IV Additional District Judge Visakhapatnam passed in M.O.P.No.15/2011 dated 15.07.2013. Between: 1. Sudarsi Ravikumar, S/o late V^rikayya, Aged 51 years, Occ: Contractor, R/o No.7, Vinayaka Enclave, Green Park, B.S. Layout, Visakhapatnam- 13. 2. Smt Govindaswami Vimaladevf,^ W/o Sudarsi Ravikumar, Aged: 56 years, Occ; Lecturer in Govt. .Degree College, Nidadavole, R/o No.7, Vinayaka Enclave, Green ParkvB.S, Layout, Visakhapatnam. ...APPELLANTS AND .. .’.% O-r ■■t 1. Chittimalla Ganeswara Rao, S/o C. Ramakrishna, Aged about 30 years, Occ: Khalasi, Food Corporation of India, R/o D. No.4-183, Katheru Village, Rajahmundry Rural Mandal, Rajahmundry, East Godavari District. : f' 2. The Branch Manager, ICICI Lombard Motor Insurance, Dwarakanagar, Visakhapatnam. 3. The Managing Director, Sri Rahna;Motors and General Stores, Main Road, Achanta, West Godavari District. ...RESPONDENTS Counsel for the Appellants : Sri; Kuriti Bhaskara Rao Counsel for Respondent No.2 :Sri. ,Gudi Srinivasu Counsel for Respondent No.3: Sri.Bolla Venkata Rama Rao MACMA No: 1539 of 2014 Appeal filed under Section 173 of M.V.Act, aggrieved by the orders of the Chairman, Motor Accidents Claims Tribunal -cum-IV Additional District & Sessions Judge, Visakhapatnam, in M O.P.No.15/2011, dated 15.7.2013. I Between: Branch Managerv ICICI Lombard^" Motor Insurance, Dwarakanagar Visakhapatnam . ...APPELLANT AND 1. Sudarsi Ravi Kumar, S/o Late Venkayya, Contractor, residing at No.7, : Vinayaka Enclave, Green Park, B.S.Lay out, Visakhapatnam-13 - i f. Govindaswami Vimaladevi, W/o Sudarsi Ravikumar, Lecturer in Govt. Godavari District, Residing at No.7, 2. Degree College, Nidadavole Vinayaka Enclave, Green Park, B.S.Layout, Visakhapatnam-13 j • Chittimalla Ganeswara Rao, $/o Chittimalla Ramakrishna, Khalasi, Food Corporation of India, residing at D.No.4-183, Katheru Village, Rajahmundry Rural Mandal, Rajahmundry, East Godavari District (Owner of the vehicle bearing No.AP37 AQ 4959) 3. Managing Director, Sri Rama Motors and General Stores, Main Road, Achanta, West Godavari District, Andhra Pradesh 4. ...RESPONDENTS I.A. NO: 1 OF 2014(MACMAMP. NO: 1103 OF 2014) . j Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support iof the petition, the High Court may be pleased to stay of execution of the Judgment and decree Date. 15-7-2013 made in MOP No. 15/2011, on the file of the Chairman, Motor Accidents Claims Tribunal-Cum-IV Additional Visakhapatnam. i; District and Sessions Judge Counsel for the Appellant Sri. Gudi Srinivasu Counsel for Respondent Nos.1 & 2 :iSri. Kuriti Bhaskara Rao The Court made the following Judgment: ■ 'k APHC011373252014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO M.A.C.M.A. Nos.3179 of 2017 and 1539 of 2014 MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3179/2017 Between: Sudarsi Ravikumar and Others ...APPELLANT(S) AND Chittimalla Ganeswara Rao and Others ...RESPONDENT(S) Counsel for the Appellant(S): 1.KURITI BHASKARARAO Counsel for the Respondent(S): 1. BOLLA VENKATA RAMA RAO 2.GUDI SRINIVASU 3. RAVI SHANKAR JANDHYALA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1539/2014 Between: Branch Manager, ...APPELLANT AND ...RESPONDENT(S) Sudarsi Ravi Kumar and Others Counsel for the Appellant: 1.GUDI SRINIVASU Counsel for the Respondent(S): 1.KURITI BHASKARA RAO 2 The Court made the following Common Judgment: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsels on both the sides. This M.A.C.M.A.No.3179 of 2017 was filed by the claimants against the order passed in M.V.O.P.No.15 of 2011 on the file of Motor Accidents Claims Tribunal-cum-IV Additional. District Judge, Visakhapatnam dated 15.07.2013 and the M.A.C.M.A.No.1539 of 2014 was filed by the insurance company/ 2"^^ respondent in the M.V.O.P. against the very same order passed in M.V.O.P. No.15 of 2011 on the file of Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Visakhapatnam questioning the award of compensation granted to the claimants therein. 2. The learned counsel appearing for the claimants submits that they are old aged parents of the deceased son and they are in dire need of money which was granted towards compensation, as they have to attend to their medical needs at this age. Unless, the total awarded compensation amount is released, the petitioners/ claimants would suffer an irreparable loss and 3. hardship. On the other hand, the learned counsel appearing for the insurance company submits that, the deceased is not a third party and as such the Tribunal below ought not to have granted the compensation for the parents, as the vehicle is not standing in the name of the 1®* petitioner/ 1®^ claimant. The Tribunal below awarded a total compensation of Rs.25,90,600/- payable 4. 3 to the claimants therein by the respondents therein jointly and severally with interest @7.5% per annum from the date of petition till the date of realization. Since the age of the deceased was 26 years at the time of accident and as he was bachelor and earning in gulf country, the Tribunal rightly fixed the income of the said deceased as Rs.27,000/- per month. After making the deduction towards income tax, the Tribunal determined the income of the deceased as Rs.2,91,600/- per annum. After deducting 50% of the income towards his personal expenses, the Tribunal determined the income as Rs.1,45,800/- per annum. For which the multiplier 17 was implied for the said amount. Accordingly, it arrived at Rs.24,78,600/- towards compensation payable to the parents of the deceased/ claimants along with a sum of Rs.1,00,000/- was awarded towards general damages and compensation for parents sufferance, towards transportation Rs.2,000/- was awarded and for the funeral expenses it was awarded Rs. 10,000/-. In total ■0 as stated above Rs.25,90,600/- was awarded towards compensation. The learned counsel appearing for the insurance company further submits that, actually there was no transfer of ownership of the vehicle from the 1®* respondent to the 1®* petitioner, though the advance amount was paid and delivery of the possession of the vehicle is given to the 1®‘ petitioner, but at the time of accident the petitioners and the deceased son were travelling in the said vehicle. 5. 4 6. Since there is no dispute with regard to the policy for the subject vehicle and covering of the insurance as there was no dispute with regard to the delivery of possession of the vehicle by receiving the advance amount by the respondent, the contention of the insurance company cannot be acceptable and accordingly it is negatived by confirming the award of the St 1 compensation granted by the Tribunal below. 7. Accordingly, both the appeals are disposed of confirming the order of the Tribunal. The balance amount payable if any shall be deposited to the credit of the said M.V.O.P. within receipt of this order. No order as to costs. As a sequel, Miscellaneous Petitions a oeriod of six (6) weeks from the date of pending, if any, shall stand closed - Sd/- G.HELANAIDU ASSISTANT REGISTRAR //TRUeQOPY// SECTION OFFICER To 1. The Motor Accident Claims Tribunal - Cum - IV Additional District Judge, Visakhapatnam. (with records if any) 2. One CC to Sri. Kuriti Bhaskara Rao, Advocate [OPUC] 3. One CC to Sri. Gudi Srinivasu, Advocate [OPUC] 4. One CC to Sri. Bolla Venkata Rama Rao, Advocate [OPUC] 5. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial dourt records) 6. Three CD Copies YM \ \ \ \ \S ' \, HIGH COURT N DATED.05/05/2025 JUDGMENT+DECREE MACMA.Nos.3179 of 2017 & 1539 of 2014 THESE APPEALS ARE DISPOSED OF '?-v' ' - IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.1539 of 2014 Between: Branch Manager, ICICI Lombard Motor Insurance, Dwarakanagar, Visakhapatnam ...APPELLANT AND 1. Sudarsi ravi Kumar, S/o Late Venkayya, Contractor, residing at No.7, Vinayaka Enclave, Green Park, B.S.Lay out, Visakhapatnam-13 2. Govindaswami Vimaladevi, W/o'Stidarsi Ravikumar, Lecturer in Govt. Degree College, Nidadavole, West Godavari District, Residing at No.7 Vinayaka Enclave, Green Park, B.S.Layout, Visakhapatnam-13 3. Chittimalla Ganeswara Rao, S/o Chittimalla Ramakrishna, Khalasi, Food Corporation of India, residing at D.No.4-183, Katheru Village, Rajahmundry Rural Mandal, Rajahmundry, East Godavari District (Owner of the vehicle bearing No.AP37 AQ 4959) 4. Managing Director, Sri Rama Motors and General Stores, Main Road Achanta, West Godavari District, Andhra Pradesh ...RESPONDENTS Appeal filed under Section 173 of M.V. Act, aggrieved by the orders of the Chairman, Motor Accidents Claims Tribunal -cum-IV Additional '. District & Sessions Judge, Visakha'patnam, in M.O.P.No.15/201 1, dated 15.7.2013. Appeal coming on for hearing and upon perusing the Memorandum of Appeal, the Judgment and Decree of the Trial Court and the material evidence on record and upon hearing the arguments of Sri Gudi Srinivasu for the Appellant and Sri Kuriti Bhaskara Rao for the Respondent No.1 & 2 and none appeared for Respondent Nos.3 & 4. This Court doth order and decree as follows: (i) That the appeal is be and hereby disposed of That the order dated 15.07.2013 in M.O.P.No.15/2011 on the file of the Motor Accident Claims Tribunal - Cum - IV Additional District Judge, Visakhapatnam be and is hereby confirmed. That the balance amount payable if any be deposited to the credit of the said M.V.O.P. within a period of six (6) weeks from the date of receipt of this order. That there shall be no order as to costs in this appeal. (ii) (iii) (iv) Sd/- G.HELANAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Motor Accident Claims Tribunal - Cum - IV Additional District Judge, Visakhapatnam. vTb 2. Three CD Copies YM HIGH COURT DATED:05/05/2025 DECREE MACMA.No.1539 of 2014 DISPOSING OF THE MACMA IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.3179 of 2017 Between: 1. Sudarsi Ravikumar, S/o late Venkayya, Aged 51 years, Occ; Contractor, R/o No.7, Vinayaka Enclave, Green Park, B.S. Layout, Visakhapatnam- 13 Smt, Govindaswami VimaladM, W/o Sudarsi Ravikumar, Aged; 56 years, Occ: Lecturer in Govt. Degree College, Nidadavole, R/o No.7, Vinayaka Enclave, Green Park, B.S. Layout, Visakhapatnam 2. ...APPELLANTS AND Chittimalla Ganeswara Rao, S/o C. Ramakrishna, Aged about 30 years Occ: Khalasi, Food Corporation of India, R/o D. No.4-183, Katheru Village, Rajahmundry Rural Mandal, Rajahmundry, East Godavari District. 1. 2. The Branch Manager, ICICI LOmbard Motor insurance, Dwarakanagar, i Visakhapatnam. 3. The Managing Director, Sri Rama Motors and General Stores, Main Road, Achanta, West Godavari District. ...Respondents Appeal filed under Section 173 of M.V.Act praying that the High Court may be pleased to grant the compensation of an amount of Rs.27,09,400/- along with interest @ 18 % per annum from the date of accident till the date of realization by modifying the award of the Learned Motor Accident Claims Tribunal - Cum - IV Additional District Judge, Visakhapatnam passed in M.O.P.No.15/2011 dated 15.07.2013. Appeal coming on for hearing and upon perusing the Memorandum of Appeal, the Judgment and Decree of the Trial Court and the material evidence on record and upon hearing the arguments of Sri Kuriti Bhaskara rao for the Appellant and Sri Gudi Srinivasu for the Respondent No.2 and Sri Bolla Rama Rao for Respondent No.3 and none appeared for Respondent 1. This Court doth order and decree as follows; (i) That the appeal is be and hereby disposed of. That the order dated 15.O7,20i;3 in M.O.P.No.15/2011 on the file of the Motor Accident Claims Tribunal - Cum - IV Additional District Judge, Visakhapatnam be and is hereby confirmed. That the balance amount payable if any be deposited to the credit of the said M.V.O.P. within a period of six (6) weeks from the date of receipt of this order. That there shall be no order as to costs, in this appeal. (ii) (iv) Sd/- G.HELANAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Motor Accident Claims Tribunal - Cum - IV Additional District Judge, Visakhapatnam. 2. Three CD Copies YM HIGH COURT DATED:05/05/2025 DECREE MACMA.No.3179 of 2017 DISPOSING OF THE MACMA