UNITED v. AKKIRAJU JHANSI RANI

U SRIDHAR BABU, S/O DEVARAJU, AGED 50 YEARS. LORRY OWNER RESIDING AT D.N0.8-A-IO8, PADMAVATHIPURAM, TIRUPATHI TOWN AND DISTRICT.

Y YESSANNA, S/O Y. RAJANNA, @ KARNATI YASANNA, S/O AGED 56 YEARS. LORRY DRIVER, YESURATHNAM, 2 RESIDING AT D.NO. 13/27-1, NEW GANDHI NAGAR, CHENNUR TOWN AND MANDAL, KADAPA DISTRICT. (RESPONDENT NO. 5 IS NOT NECESSARY PARTY) ...RESPONDENT(S): Appeal filed under Order 41 of CPC before the High Courtpleased to allow this appeal by setting aside the decree and order dated 12.12.2024 passed in MVOP No.387 of 2023 on the file of the Motor Accidents Claims Tribunal -Cum- Judge Family Court -Cum- VI Additional District Judge, Kadapa and dismiss the MVOP No.387 of 2023 filed by the Respondent Nos.1 to 3 herein / Claim Petitioners against the Appellant herein / Respondent No.2 in the lower court 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 grant stay of all further proceedings dated 12.12.2024 passed in MVOP No.387 of 2023 on the file of the Motor Accidents Claims Tribunal -Cum- Family Court -Cum- VI Additional District Judge, Kadapa including execution proceedings pending disposal of the appeal 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 vacate the Interim order Dt. 02-04-2025, passed in MAGMA.No. 336/2025, and pass Counsel for the Appellant:

A JAYANTHI Counsel for the Respondent(S):

1. K RATHANGA PANI 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.

This appeal arises against the order in M.V.O.P. No.387 of 2023 on the file of Motor Accident Claims Tribunal-cum-Judge, Family Court- cum-VI Additional District Judge, Kadapa dated 12.12.2024 awarding compensation of Rs.1,19,85,532/- with interest @ 7.5% p.a. from the date of petition till the date of deposit along with the other directions as detailed therein.

Only the ground raised by the learned counsel for the appellant is that the name of the driver of the offending vehicle was shown initially as Karnati Yasanna as per the Aadhar and charge sheet in the criminal case but as per the driving license the cause title was amended as Y.Yessanna and accordingly Ex.A1 was also marked. It has become final and there is no dispute with regard to the identity of the person. The said difference in respect of surnames cannot be taken into consideration interfere with the award of the M.V.O.P. The amendment to the cause title has become final and in view of the same, it does not call for any interference. For the purpose of deciding the M.V.O.P. on merits PW.1 to PW3 were examined for the respondents/ claimants and Ex.A.1 to A8 were marked and Ex.X1, X2 and Ex.B1 were marked before the Tribunal below. 4

4. Under the different heads the Tribunal determined compensation as under: Sl. No. 1 2 3 4 Heads of compensation Compensation amount Rs. Towards loss of earnings Towards loss of consortium Towards loss of love, affection and P.3 support (Rs.40,000/- x2) Towards funeral expenses P.2 Total 1,18,40,532/- 40,000/- 80,000/- 25,000/- 1,19,85,532/-

5. In view of the same, we see no reason to interfere with the order of Tribunal below in respect of awarding compensation.

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 the above said M.V.O.P. On such payment, the respondents/ claimants are entitled to withdraw the same without furnishing any security as per 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

20.07.2026 NNN ____________________________ JUSTICE SUBHENDU SAMANTA