• \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 4979 OF 2008 Between: The New India Assurance Company LTD., B.O. Kurnool having its Third Party Motor Claims Cell, Secunderabad-500 003 Madan Mohan Building, R.P.Road, ...APPELLANT/ RESPONDENT N0.2 AND 1. Smt V.Ramakka, W/o Latt Chettappa, aged about 29 Years, Occ: Household, R/o. Veldurthy Village & Mandal, Presently residing Vijaya Talkies, Dhone Mandal, Kurnool District. 2. V. Lakshmi, D/o Late Chettappa, aged about 12 years. Minor, R/o. Veldurthy Village & Mandal, Presently residing near Vijaya Talkies, Dhone Mandal, Kurnool District. 3. M. Meenalakshmi, D/o Late Chettappa, aged about 9 years, R/o. Veldurthy Village & Mandal, Presently residing near Vijaya Talkies, Dhone Mandal, Kurnool District. near 4. V. Salu Rangamma, D/o Late Chettappa, aged about 7 years, R/o. Veldurthy Village & Mandal, Presently residing near Vijaya Talkies, Dhone Mandal, Kurnool District. 5. V. Madhu, S/o Late Chettappa, aged about 4 years, R/o. Veldurthy Village & Mandal, Presently residing near Vijaya Talkies, Dhone Mandal, Kurnool District. ... RESPONDENTS/PETITIONERS 6. M/s. Sai Swamp Transporters, D.No.39-13-31/6, Ganesh Apartments, Muali Nagar, Visakhapatnam, A.P. RESPONDENT/RESPONDENT N0.1 7. APSRTC, Represented by its Regional Manager, Sathupalli Depot, Khammam RESPONDENT/RESPONDENT N0.3 Appeal filed under Section 173 of the Motor Vehicles Act, aggrieved by the Judgment and Decree dated 19.09.2005, passed in M.V.O.P.No.36 of 2004, on the file of the Motor Accidents Claims Tribunal-cum-l Additional District Court, Kurnool. This appeal coming on for hearing and upon perusing the grounds of appeal, the Award and Decree of the Trial Court and material papers in the petition and upon hearing arguments of Sri Naresh Byrapaneni, Advocate for the Appellant, and Sri K. Rathanga Pani Reddy, Advocate for Respondents Nos. 1 to 5 and none appeared for Respondent Nos. 6 & 7. THIS COURT DOTH ORDER AND DECREE: 1. That the Appeal be and the same is hereby dismissed; 2. That there shall be no order as to costs. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Chairman, Motor Accidents Claims Tribunal-cum-l Additional District Court, Kurnool. 2. Three CD Copies GPC VNA HIGH COURT DATED: 08/05/2025 (I I AUG 2I)?5 . Current Secuon X Ci DECREE MACMA.No.4979 of 2008 DISMISSING THIS MACMA WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 4979 OF 2008 Appeal filed under Section 173 of the Motor Vehicles Act, aggrieved by the Judgment and Decree dated 19.09.2005, passed in M.V.O.P.No.36 of 2004, on the file of the Motor Accidents Claims Tribunal-cum-l Additional District Court, Kurnool. Between: The New India Assurance Company Ltd., B.O. Kurnool having its Third Party Motor Claims Cell, Madan Mohan Building, R.P.Road, Secunderabad-500 003 ...APPELLANT/ RESPONDENT N0.2 AND 1. Smt V.Ramakka, W/o Late Chettappa, aged about 29 Years, Occ: Household, R/o. Veldurthy Village & Mandal, Presently residing near Vijaya Talkies, Dhone Mandal, KUrnool District. 2. V. Lakshmi, D/o Late Chettappa, aged about 12 years. Minor, R/o. Veldurthy Village & Mandal, Presently residing near Vijaya Talkies, Dhone Mandal, KUrnool District. 3. M. Meenalakshmi, D/o Late Chettappa, aged about 9 years, R/o. Veldurthy Village & Mandal, Presently residing near Vijaya Talkies, Dhone Mandal, KUrnool District. 4. V. Salu Rangamma, D/o Late Chettappa, aged about 7 years, R/o. Veldurthy Village & Mandal, Presently residing near Vijaya Talkies, Dhone Mandal, KUrnool District. 0 aged about 4 , Presently residing near Vijaya Talkies, years, Late Chettappa, 5. V. Madhu, S/o R/p. Veldurthy Village & Mandal Ohone Mandal, KUrnool District. ...respondents/petitioners '6. M/s. Sai swarup Transporters, D.No.39-13-31/6, Ganesh Apartments, respondent/respondent N0.1 Regional Manager, Sathupalli Depot Muali Nagar, Visakhapatnam, A.P. 7. APSRTC, Represented by its Khammam respondent/respondent NO.3 ■ 9 OF 2006 (MACMAMP. NO- 3671 OF 200^ under Section 154. CPC praying that, in support of the petition, the High Court may be of the Award and Decree dated LA. NO the circumstances Petition stated in the affidavit filed in pleased grant stay of operation/execution 19.09.2005 passed in MVOP.No.36 of 2004 by the Motor Accidents Claims Tribunal-cum-l Additional District Court, herein, pending disposal of thejabove CMA. Kurnool, against the petitioner counsel for the Appellant: Sri NARESH BYRAPANENI counsel for the Respondents Nos.1 to 5: Sri K RATHANGA PANl REDDY Counsel for the Respondents Nos, 6 to 7: None Appeared The Court made the following Judgment: ft' APHC010182762008 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATl (Special Original Jurisdiction) [3311] Thursday, the Eighth day of May, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.BhanumathI Motor Accident Civil Miscellaneous Appeal No: 4979 of 2008 Between: The New India Assurance Co Ltd. ...Appellant and ...Respondents Smt. V.Ramakka and others Counsel for the appellant: I.Naresh Byrapaneni Counsel for the respondents: I .K.Rathanga Pani Reddy The Court made the following: 2 M.A.C.M.A.No.4979 of 2008 JUDGMENT: This appeal is filed under Section 173 of Motor Vehicles Act, 1988 (in short ‘the M.V. Act’) against the decree and award dated 19.09.2005 in the M.V.O.P No.36 of 2004 on the file of Chairman, Motor Accidents Claims Tribunal -cum- I Additional District Judge, Kurnool, awarding compensation of Rs.2,63,400/- with costs and interest at the rate of 7.5% p.a from the date of petition till the date of deposit with joint and several liability of the respondents No.1 and 2. The case of the claimants, in briefly, is as follows; 2. The petitioner No.1 is the wife and the petitioners No.2 to 5 are the children of V.Chettappa, (the deceased) who was doing watch business and earning Rs.5000/- p.m. The deceased was aged 30 years. On 14.09.2003, at 6.00 A.M., he boarded a R.T.C. bus bearing No. AP 10 Z 1745 at Sathupalli Village, Khammam District to go to Chaparalapalli Village, Khammam District. On the way, when the bus reached near Gayatri office, within the outskirts of Sathupalli village, a lorry bearing No.AP 31 W 8555, coming in the opposite direction being driven in a rash and negligent manner with high speed, dashed the bus. As a result, the deceased was thrown out of the window and fell on the ground and the lorry ran over him resulting in grievous injuries to him. Later, the injured was taken to the government hospital for treatment. He succumbed to the injuries. The case in Crime No. 137 of 2003 was registered by the S.H.O. of Sathupalli Police Station. The respondent No.1 who is the owner of the lorry remained ex parte. The respondent No.2 which is the insurer of the lorry filed counter opposing the claim. The respondent No.3 who is the owner of the bus filed separate counter opposing the claim. 3. 3 M.A.C.M.A.No.4979 of 2008 4. The petitioner No.1 was examined as PW1 and J.Annamaiah was examined as PW2 and Exs.M to A5 were marked, which reads as follows: EX.A1 EX.A2 Certified copy of F.I.R. Certified copy of inquest report. Certified copy of post mortem report. Certified copy of M.V.I. report. Certified copy of charge sheet. EX.A3 Ex.A4 EX.A5 On behalf of the respondent No.3, the driver of A.P.S.R.T.C. examined as RW1 but no document was marked. Further, on behalf of the respondent No.2, a copy of policy of the insurance was marked as Ex.B1 and a photostat letter addressed to S.H.O., Sathupalli Police Station by RW1, dated 14.09.2003 was marked as Ex. B2. was 5. After hearing both the parties, the Tribunal held that the accident was caused due to rash and negligent driving of the lorry only. The Tribunal assessed notional income of the decease at Rs.1800/- month out of which 1/3'^ was deducted towards personal expenditure and the remaining amount was multiplied by 12, which equals to Rs. 14,400/-, was taken as his annual contribution to the family. By adopting multiplier ‘16’ from the schedule-ll under the M.V. Act, the Tribunal granted compensation of Rs.2,30,400/-. In addition there to, Rs. 15,000/- was granted towards loss of consortium to the wife and per another amount of Rs. 15,000/- was granted towards the loss of estate Rs.2500/- towards funeral expenses and Rs.500/- towards transportation of the dead body. Thus, the Tribunal Rs.2,63,400/- with costs and interest as aforesaid. awarded 4 M.A.C.M.A.No.4979 of 2008 award and decree passed, this appeal was Aggrieved by the preferred contending that the amount awarded is high and the rate of interest is also high. It is further contended that sections 166 and 163 A inconsistent and the claim under both provisions 6. of the M.V. Act, are simultaneously is not maintainable as held by the Apex Court in the of Deepal Girishbhai Soni and Others Vs. United India Insurance Co.Ltd^ It is also contended that as per the schedule-ll of shall be treated as Rs. 1,250/- but case the M.V. Act, the amount of income also contended that the not Rs. 1,800/-, which had no basis. It is accident that the deceased has been thrown out from narration of the the window of the bus and fallen on the ground and run over by the lorry is highly impossible. Since no eye witness was examined, the alleged rash and negligence was not proved. It is mandatory to prove the same by examining any eye witness. learned counsel for the appellant. He reiterated the Heard the grounds of the appeal. \ 7. the claimants mentioned sections 166 and 163 A the claimants establish rashness or negligence of 8. Merely because of the M.V. Act, when the driver of the crime vehicle in causing the accident, unless the claim is limited to section 163 A of the M.V. Act, the schedule-ll need not be that the claim cannot be followed. Therefore, the contentions entertained under both the provisions and that the notional income of Rs. 1,250/- are not acceptable. the deceased shall be taken as Therefore, deciding the the M.V. Act and the amount of notional income taken by the Tribunal needs no interference. award under fault liability under section 166 of of the deceased as " (2004) 5 see 385 V 5 M.A.C.M.A.No.4979 of 2008 9. Insofar as, the rate of interest is concerned, as it is just and reasonable as. in the year 2003, it is not at ail high and the same does not require interference. Insofar as, the rash and negligence is concerned, though no eye witness was examined, the manner of the accident itself speaks the negligence as decided by the Tribunal As such, there is no merit in the appeal. In the result, the Motor Accident Civil Miscellaneous Appeal is dismissed without costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous petitions, if any, shall stand closed. 10. 11. 12. Sd/- P VINOD KUMAR / ASSISTANT REGISTRAR / CR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Motor Accidents Claims District Court, Kurnool. 2. One CC to Sri. Naresh Byrapaneni, Advocate [OPUC] 3. One CC to Sri. K Rathanga Pani Reddy, Advocate [OPUC] 4. The Section Officer, V.R. Section, High Court of Andhra Pradesh, Amaravati. 5. Three CD Copies Tribunal-cum-l Additional GPC VNA HIGH COURT DATED: 08/05/2025 01 AUG 7m ^ . Current beciion ^ JUDGMENT AND DECREE MACMA.No.4979 of 2008 X m.# o DISMISSING THIS MACMA WITHOUT COSTS