APHC010049072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3600] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 80/2025 Between: 1. ANDHRA PRADESH STATE ROAD,, TRANSPORT CORPORATION, REPRESENTED BY ITS REGIONAL MANAGER, APSRTC COMPOUND ANANTHAPURAMU. ...APPELLANT AND 1. YERIKALA NAGAMMA, W/O LATE YERIKALA NAGANNA. AGE ABOUT 42 YEARS, HINDU, HOUSE WIFE, R/O D.NO. 4-27 PEDDAPAPPURU MANDAL, ANANTHAPURAMU DISTRICT. 2. YERIKALA SUNKAMMA, W/O LATE YERIKALA NAGANNA. AGE ABOUT 62 YEARS, HINDU, HOUSE WIFE, R/O D.NO. 4- 27, PEDDAPAPPURU MANDAL, ANANTHAPURAMU DISTRICT. 3. YERIKALA SHIVALAKSHMI, D/O LATE YERIKALA NAGANNA. AGE ABOUT 20 YEARS, HINDU, R/O D.NO. 4-27, PEDDAPAPPURU MANDAL, ANANTHAPURAMU DISTRICT. 4. YERIKALA TULASI, D/O LATE YERIKALA NAGANNA, AGE ABOUT 14 YEARS, HINDU, R/O D.NO. 4-27, PEDDAPAPPURU MANDAL, ANANTHAPURAMU DISTRICT. 5. INDIA KANNAIAH, S/O LATE I. RAMANA, AGE 53 YEARS, HINDU WORKING AS DRIVER IN APSRTC, R/O D.NO. 1/234, NANDYALA ROAD, TADIPATRI, ANANTHAPURAMU 2 DISTRICT. (DRIVER OF APSRTC BUS BEARING NO. AP02-Z- 0238, RESPONDENT NO.5 IS NOT NESSASARY IN THIS M.A.C.M.A) ...RESPONDENT(S): Appeal filed under Order 41 of CPC before the High CourtMemorandum of Civil Miscellaneous Appeal before this Hon'ble Court being aggrieved by the Judgment and Decree dated 07.10.2024 in M.V.O.P.No 56/2022 on the file of before the court of the Motor Accident Claim Tribunal Cum- VI Additional District Judge, Anantapuramu at gooty IA NO: 1 OF 2025 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 pleased to stay of all further proceedings including the execution proceedings in M.V.O.P.No. 56 of 2022 on the file of Motor Accident Claim Tribunal Cum- VI Additional District Judge, Anantapuramu at gooty IA NO: 2 OF 2025 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 May be pleased to grant permission to Petitioner/Claimant for withdrawing amounts deposited in pursuance of Orders passed in I.A.No. 1 of 2025 in MACMA NO. 80 of 2025 dated 12-02-2025 and pass IA NO: 3 OF 2025 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 may be pleased to vacate the Stay Orders dt. 12-02-2025 in lA.No.1 of 2025 in MACMA.No.80 of 2025 on the file of this Hon’ble Court and pass Counsel for the Appellant: 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent(S): 1. G RAMA MOHAN REDDY 3 The Court made the following Judgment: (Per Hon’ble Sri Justice B.Krishna Mohan) Heard the learned counsel for the appellant and the learned counsel for the respondents/ claimants. 2. This appeal arises against the order in M.V.O.P. No.56 of 2022 on the file of Motor Accident Claim Tribunal-cum-VI Additional District Judge, Anantapuramu at Gooty dated 07.10.2024 awarding compensation of Rs.25,77,500/- with interest @ 6% p.a. from the date of petition till the date of payment along with the other directions as detailed therein. 3. For the purpose of deciding the M.V.O.P. on merits, the Tribunal below considered the evidence of PW1 to PW4, RW1 and the Ex.A1 to A6. It appears that the accident was occurred on 26.02.2022 at about 04:30 pm when the deceased was going from his house at Peddayakkaluru Village to Devenuppalapadu Village on his motorcycle bearing registration No.AP39JA4279, when it was stationed on the left side of the road near canal at Peddayakkaluru Village a bus bearing registration No.AP02Z0141 (offending vehicle) came from opposite side of the deceased at high speed driven by bus driver dashed against the motorcycle of the deceased and as a result the deceased sustained grievous injuries and succumbed to the injuries on the spot and also the motorcycle of the deceased was badly damaged. 4 4. The issues involved therein were considered and insofar as the income of the deceased is concerned, the avocation of the deceased was established as pig herder and agricultural coolie earning Rs.20,000/- per month as per the claimants. As they have not filed any documentary evidence to that effect, the Tribunal below notionally taken the income of the deceased as Rs.500/- per day since there was no dispute of the avocation of the deceased as stated above. 5. The Tribunal below rightly determined the compensation on different heads as under: Sl. No. Heads of compensation Compensation amount Rs. 1 Loss of dependency 18,90,000/- 2 Future prospects 4,72,500/- 3 Loss of estate 15,000/- 4 Funeral expenses 15,000/- 5 Loss of consortium of the petitioners Rs.40,000/- each (Rs.40,000/- x4) 1,60,000/- 6 Spares and repair to damaged motorcycle 25,000/- Total 25,77,500/- 6. Except on the income of the deceased, the appellant did not raise any issue or any ground in this appeal. Even according to the submission of the appellant counsel, there is no dispute with regard to the avocation of the deceased and fixation of notional income of Rs.500/- per day is most reasonable and as such this court does not 5 see any merit in this appeal to interfere with the award of compensation granted by the Tribunal below. 7. Accordingly, the M.A.C.M.A. is dismissed. Interim order if any deemed to have been vacated. The difference of compensation amount if any shall be paid by the appellant within a period of four (4) weeks from the date of receipt of this order to the credit of above said M.V.O.P. On such deposit, the respondents/ claimants are entitled to withdraw the same without furnishing any security as per the arrangement made by the Tribunal below. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN ____________________________ JUSTICE SUBHENDU SAMANTA 20.07.2026 NNN