I E( -- APHCO10O43352015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MACM Mos.401 of2015 &2813 of 2016 MISC MOTO ACCIDENT CIVIL ELLANlouS APPEAL NO: 401 OF2015 Appeal flled under Section 173 of M.V Act, aggr['eved by the Judgment and decree dated o9-10-2014 passed in M.V.O.P No 231 of 2011 on the file of the Motor Accident claims Tribunal - Gum lv Additional District Judge East Godavari, Kakinada. Between.I The Oriental Insurance co Ltd., Rep by its D,'v Manager, Near Fire Stall-on, Kakinada ...AppeIIant/Respondent No.4 AND 1. Kajal Jain, w/o Late Rajesh Kumar Jain, Aged 29 Years, House wife R/o TI-lak Street, Kakl-nada. 2. Sneha Jain, D/o Late Rajesh Kumar Ja,'n, Aged 20 years, student, R/o Flat No 5-5, Adilaxmi Apartment, Temple street, KakI-nada + 3. Sunny JaI-n, S/o Late Rajesh Kumar Jai Aged 19 years, Student, R/o Flat No S-5, Adl'laxmi Apartment, Temple Street, Kakinada. 4. Sayyam Jain, S/o Late Rajesh Kumar Jain, Aged 8 years, Student beI'ng minor rep by His Mother and natural guardian i.e the lSt petitioner KajaI Jain, W/o Late Rajesh Kumar Jain, Aged 29 years, House Wife. R/o +t' Tilak Street, Kakinada .. [Respondents/Petitioners 5. Ayodyala Venkata Narayana, S/o Suryarao, Aged 42 years, Driver in APSRTC Staff N C 65226, Rajahmundry Depot 6. APSRTC, rep by its Managing Dl-rector, Musheerabad Hyderabad. 7. Vikram Kumar Jain Kotari, S/o Kranthi Lal Jain aged 35 years driver or Santhro Car Bearing No AP 05 AJ 5454, R/o D.No 32-6-13, I51 floor, K.V.R. Swamy Road Meraka Street. Rajahmundry. ...Respondents/Respondent No.1 toe NO:1 OF2015 lVIACMAMP 1129OF2015 Petition under Section 151 CPC praying that in the cI'rCumStanCeS Stated in the affidav.i{ fI'led in Support Of the Petition, the High Court may be pleased to stay all further proceedings including executI'On Of the Decree and order dat;d 9-10-2014 passed in MVOP No 231 of 2011 on the file of the Motor Accident Claims Tribunal Gum IV AdditI-OnaI District Judge, East Godavari, Kakinada pending disposal of the appeal Counsel for the Appellant : Smt A Jayanthi counsel for the Respondent No,6 : Sri Vinod Kumar Tarlada (Standing Counsel for APSRTC) counsel for the Respondent Nos. 1 to 4 : Sri A K Kishore Reddy / 1 APHCO1,0033332016 E] MOTO T CIVIL MISCELLAN EOUS PEAL NO: 2813 OF2016 Appeal filed under sectI|On 173 of M.V Act, aggrieved by the decree and Judgment dated 9-10-2014 made in MVOP No. 231 of 20" on the file of Motor Accl-dents claims Tribunal-cum-lv Addl-tionaI Distrl-ct Judge, East Godavari DistrI'Ct at KakI-nada Between.. 1. Kajal Jain, W/o. Late Rajesh Kumar Jain, Aged about 33 years, occ: House wife, R/o. Tilak Street, Kakinada, East Godavari DI-Strict. 2. Sneha Jajn, D/ o. Late Rajesh Kumar Jain, Aged about 24 years, occ.I student, R/o. Flat No. S-5, Adjlaxmi Apartment, Temple Street, Kakinada, East GodavarI- Djstrl'ct. 3. Sunny Jajn, s/o. Late Rajesh Kumar Aged about 23 years, occ,I student, R/o. Flat No. s-5, Adjlaxmi Apartment, Temple Street, KakI|nada, East Godavarl' District. 4. Sayyam Jain, s/o. Late Rajesh Kumar Aged about 12 years, occ.- student, Being minor rep., by his mother and natural guardI'an i.e., the lst petitioner Kajal Jajn, W/o. Late Rajesh Kumar R/o. FIat No. 5-5, Adl'Iaxmj Apartment, Temple street, KakI'nada, East GodavarI' DI'StrI'Ct. ...Appellants/petI-tiOnerS AND 1. Ayodyala Venkata Narayana, s/o. surya Rao, Aged about 46 years, DrI-Ver in A.P.S.R.T.C. Staff No.C65226, Rajahmundry Depot. 2. Andhra pradesh state Road Transport corporation, Represented by its ManagI'ng Director, Musheerabad, Hyderabad. -_i . 3. Vikram Kumar Jain Kotari, S/o. Kranthi Lal Jain, Aged about 39 years, Driver of Santhro Car bearing No. AP 05 AJ 5454, R/o. D.No. 32-6-13, 1st floor, K.V.R. Swamy Road, Meraka Street, Rajahmundry. 4= Th`e Oriental !nsLlranCe Comparl`y' Ltd, Represented by its Div-isionai Manager, Near Fire Station, Kakinada, East Godavari District. ...Respondents/ Respondents Counsel for the Appellants : Sri A K Kishore Reddy Counsel for the Respondent No.2 : Sri Vinod Kumar Tarlada (Standing counsel for APSRTC) Counsel for the Respondent No.4 : Smt A Jayanthi The Court made the following order: APHCO10043352015 lN THE HI.GH COURT OF ANDHRA PRADESH AT AMARAVATI (SpecI-al Original Jurisdiction) [3527] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M|A.C.M.A. Nos.401/ 2015 & 2813/2016 MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 401/2015 Between : 1.THE ORIENTAL INSURANCE CO LTD.H REP BY ITS DIV MANAGER, NEAR FIRE STATION, KAKINADA .UAPPELLANT AND 1.KAJAL JAIN 6 OTHERS, W/O LATE RAJESH KUMAR JAIN, AGED 29YEARS, HOUSE WIFE R/O TILAK STREET, KAKINADA. 2.SNEHA JAIN, D/O LATE RAJESH KUMAR JAIN AGED 20 YEARS, STUDENT, R/O FLAT NO 5-5, ADILAXMI APARTMENT, TEMPLE STREET, KAKINADA 3.SUNNY JAIN, S/O LATE RAJESH KUMAR JAI AGED 19 YEARS. STUDENT, R/O FLAT NO S-5, ADILAXMI APARTMENT, TEMPLE STREET, KAKINADA. 4.SAYYAM JAIN, S/O LATE RAJESH KUMAR JAI AGED 8 YEARS, STUDENT BEING MINOR REP BY HIS MOTHER AND NATURAL GUARDIAN I.E THE 151 PETITIONER KAJAL JAIN,W/O LATE RAJESH KUMAR JAIN.AGED 29 YEARS.HOUSC WIFE. R/O TILAK STREET, KAKINADA 5.AYODYALA VENKATA NARAYANA, S/O SURYARAO, AGED 42 YEARS,DRIVER IN APSRTC STAFF N C 65226, RAJAHMUNDRY DEPOT 6.APSRTC, REP BY ITS MANAGING DIRECTOR. MUSHEERABAD a HYDERABAD. 7.VIKRAM KUMAR JAIN KOTARI, S/O KRANTHI LAL JAIN AGED 35 YEARS DRIVER OR SANTHRO CAR BEARING NO AP 05 AJ 5454,RIO D.NO 32-6-13, I51 FLOOR, K.V.R. SWAMY ROAD MERAKA STREET. RAJAHMUNDRY. ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying that the High Court may be pleased to aggrieved by the Judgment and decree dated o9-10-2014 passed in M V O P No 231 of 2011 on the file of the Motor Accident claims Tribunal -Cum IV AddI District Judge East Godavari, Kakinada IANO.I 1 OF2015 MACMAMP 1129 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petl-lion, the High Court may be pleased to stay all further proceedings including execution of the Decree and order dated 9-10-2014 passed in MVOP No 231 of 2011 on the file of the Motor Accident Claims Tribunal Gum IV AddI District Judge, East Godavari, Kakinada pending dl'sposal of the appeal lANO: 2OF2015 MACMAIVIP 2494 OF 2015 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 Permit the Petitioners tO Withdraw the amount SO deposited by the Respondent / Appellant as per the directions made in MAGMA.MP.no.1129 of2015 in MAGMA.No. 401 of2015 IANO: 3OF2015 MACMAIVIP 3421 OF 2015 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 in interim stay orders passed in MAGMA.MP.no. 1129 of 2015 in MAGMA.No. 401 of 2015 dt.13/04/2015 IANO.-6OF2015 MACMArVIP 9699 OF 2015 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 I - Counsel for the AppeIIant: 1.A JAYANTHI Counsel for the Respondent(s): 1.Vl,NOD KUMAR TARLADA (SC FOR APSRTC) 2.S V RAMANA 3.A K KISHORE REDDY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2813/2016 Between : 1.KAJAL JAINu W/O. LATE RAJESH KUMAR JAIN, AGED ABOUT 33 YEARS, OCC: HOUSE WIFE, R/O. TILAK STREET, KAKINADA, EAST GODAVARI DISTRICT. 2.SNEHA JAIN,, D/ O. LATE RAJESH KUMAR JAIN, AGED ABOUT 24 YEARS, OCC: STUDENT, R/O. FLAT NO. S-5, ADILAXMI APARTMENT, TEMPLE STREET, KAKINADA, EAST GODAVARI DISTRICT. 3.SUNNY JAINu S/O. LATE RAJESH KUMAR AGED ABOUT 23 YEARS, OCC: STUDENT, R/O. FLAT NO. S-5, ADILexMI APARTMENT, TEMPLE STREET, KAKINADA, EAST GODAVARl t~. DISTRICT.T I 4.SAYYAM JAINu S/O. LATE RAJESH KUMAR AGED ABOUT 12 YEARS, OCC: STUDENT, BEING MINOR REP., BY HIS MOTHER AND NATURAL GUARDIAN I.E., THE IST PETITIONER KAJAL JAIN, W/O. LATE RAJESH KUMAR R/O. FLAT NO. 5-5, ADILAXMI APARTMENT, TEMPLE~ STREET, KAKINADA, EAST GODAVARI DISTRICT. ...APPELLANT(S) AND 1.AYODYALA VENKATA` NARAYANA, S/O. SURYA RAO, AGED ABOUT 46 YEARS, DRIVER IN A.P.S.R.T.C. STAFF NO..C65226, RAJAHMUNDRY DEPOT. 2.AivDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, MUSHEERABAD, HYDERABAD. 4 I 3.VIKRAM KUMAR JAIN KOTARl, S/O. KRANTHI LAL JAIN, AGED ABOUT 39 YEARS, DRIVER OF SANTHRO CAR BEARING NO. AP 05 AJ 5454, R/O. D.NO. 32-6-13, 1ST FLOOR, K.V.R. SWAMY ROAD, MERAKA STREET, RAJAHMUNDRY. 4.THE OR!EN.TAL INSURANCE COMPANY LTD, REPF`ESENTED BY ITS DIVISIONALMANAGER, NEAR FIRE STATION, KAKINADA, EAST GODAVARI DISTRICT. ..]RESPONDENT(S): Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toto allow the MAGMA by setting a side the decree and Judgment dated 9-10-2014 made in MVOP No. 231 of 2011 on the file of Motor Accidents Claims Tribunal-Gum-lV Additional District Judge, East Godavari District at Kakinada IANO:3OF2015 MACMAMP 44712 OF 2015 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 IANO:1 OF2016 MACMAMP 215 OF 2016 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 Counsel for the Appellant(S): 1.A K KISHORE REDDY counsel for the Respondent(S): 1.VINOD KUMAR TARLADA (SC FOR APSRTC) 2. 3.A JAYANTHl i e* The Court made the foIIowI-ng Common Judgmentl| (per Hon'ble sri Justice B.Krishna Mohan) Heard the learned counsel for the appellant/Insurance company, the learned counsel for the respondents/claimants and the learned standing Counsel for the APSRTC. 2. These two appeals arise againstthe orderI-n M.V.O.P. No.231 of2011 on the file of Motor AccI-dent Claims TrI'bunaI-cuin-lV Additional Dl'strict Judge, East GodavarI', Kakl'nada dated o9.10.2014 wherein a total comPenSatI'On Of Rs.59,31,560/- was awarded along with other consequential directions. The accident occurred on 21.09.2007 when the deceased was travelling along with his partner and employees in his car AP 5 AJ 5454 and at that time the 5th respondent herelrn driving the 6th respondent APSRC Bus came in opposite directI'On Without Observing the traffic and dashed the car but the drI'Ver Of the Car Suddenly applied break, unfortunately as there was rain at that time the vehicle could not be controlled and both vehicles dashed with each other resulted in head on collision and consequently the owner of the car and other co-passengers receI'Ved injuries and the owner of the car succumbed to the injuries on the Spot. 3. Before the TrI-bunal in the above said M.V.O.P., the respondent Nos.1 & 2 therein/ respondent Nos.5 & 6 hereI-n remained exparte and even according to the claimants' versI'On, it was due to the rash and neglI'gent drI'Ving Of the APSRTC Bus driver, the accident occurred. The Insurance -__ Company/ 4th respondent therein/ appellant herein took specific plea that the accident purely occurred on account of negligence and rash driving of the APSRTC Bus driver but not because 6f driver of the car to which the insurance was made. 4. The Tribunal framed thefoIIowing charges: "6. Basing on the strength of the pleadings, the following issues are framed for trial: 1) Whether the accident occurred due to rash and negligent driving of APSRTC hired bus bearing No.AP 10Z 6287, resulting death of the deceased? 2) 'Whether the petitioners are entitled to claim compensation, if so, to what amount and from whom? 3) To what relief?" 5. The learned counsel appearing for the Insurance Company/ appellant herein also submits that even as per the terms of the policy, the Tribunal ought not have awarded the total compensation to the claimants fixing the liability of the appeIIant herein/ Insurance company as there is no third party involved in the accident being the deceased. The owner of the car to which insurance was made becomes insured and he is only covered for a personal accident policy with fixed liability of Rs.2,00,OOO/-personal accident policy as he is not a third party to the insurance contract. 6. Though the APSRTC remained exparte before the Tribunal below, they entered appearance in these appeals and the learned standing Counsel submits that the crime was registered and charge sheet was filed '& qtky agalnSt the drI'Ver Of the car and as such the respondent/APSRTC did not contest the o.p. before the Tribunal below and I-I Cannot be made lI-able for the sa!-d accl'dent and for the pay-,i-Ierlt Of COmpensatjon. Basing on the averments made, the Tribunal also did not frame the I-SSue with respect to the rash and negligent drjvjng of the car jf any. In spI'te of taking the specific legal objectI-On by the Insurance company, the Tribunal went I-nto the other merits of the case and decl-ded the payment of compensation to the clal'mants by the sal'd Insurance company without fixl'ng the ll-ability on APSRTC which I-s not answered by framing proper issues also. 7. In the absence ofpleadings from theAPSRTC and Ion the absence of framing of necessary addjtjonal I'SSues, the l'ssue ral-sed by the c'ajmants as weH as the appellant/Insurance company cannot be resolved either at {hl's / stage of the appeal or by the Tribunal below comprehensively. / 8. ln vjewofthe same, the matter is remanded to the Tribunal belowby settI-ng aside the above said order of the TrI-bunal dated o9.10.2014 to conduct denovo enquiry by framing additl-onal issues after entertainl'ng the pleadings to be filed by the APSRTC ,-n a reasonable time. Accordingly, the respondentr APSRTC sha" be permI-{ted to file I-tS COunter/ written statement to the above sa,-d M.V.O.P. and upon filing the same, the additI-Onal issues sha" be framed by the TrI'buna' below and trial sha" be conducted afresh by giving opportun,'ty to a,'I the parties concerned to adduce their evl'dence wI-{h marking of documents afresh. The compensation payable jf any shail be ® fixed afresh strictly on it's own merits without reference to the above said order passed by the TrI-bunal below. The o.p. shall be disposed of afresh as expeditiously as possible preferably within a period of six (6) months from the date of filing of the pleadings by the APSRTC. The Registry is directed to send back the record immediately to the Tribunal within a period of two (2) weeks. 9. Accordingly, both the appeals are disposed of. There shall be no order as to costs. As a sequel, interlocu{ory applications, pending, if any, shall stand closed. Sd/-K SRINIVASA RAJU //TRUE COPY// ASSISTANT REGISTRAR i_-- SECIION OFFICER To, 1. The Registrar (Judicial), High Court ofAndhra Pradesh at Amaravathi 2. The Chairman, Motor Accident CIaI-mS Tribunal - Gum IV Additional District Judge, Kakinada, East Godavari district (with records) 3. One CC to Smt. A Jayanthi, Advocate [OPUC] 4. One CC to Sri. Vinod Kumar Tarlada (Standing Counsel for APSRTC) [OPUC] 5. One CC to Sri. A K Kishore Reddy, Advocate [OPUC] 6. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravath i 7. Two CD Copies Stu Sree _,.,.+.:.: ..i - J}' L.,._-i-I •-.__* = ` .`| t{1bi, {L;I ; .+ t i\ I--^--.i, :I A HIGH COURT DATED:21/07/2025 COMMON JUDGMENT MAGMA Nos] 401 OF 2015 & 2813 of 2016 DISPOSING OF THE MACMAJS WITHOUT COSTS