APHC010285822020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.398 of 2020 Between: The Managing Director, APSRTC Vijayawada, at Pandit Jawharlal Nehru Bus stand, Vijayawada. ...APPELLANT/RESPONDENT N0.2 AND 1. K Chanu Basha, S/o K.Siddhaiah, Aged about 21 years, R/o D.No.19-8- 118-B, Yadava colony, RG Road, Tirupati, Chittoor District. ...RESPONDENT/PETITIONER 2. G Nagaraja, S/o China Narasappa, driver of APSRTC Pileru, Chittoor District. ...RESPONDENT/RESPONDENT N0.1 (2"^ Respondent herein is driver of APSRTC not necessary party) Appeal filed under Section 173 of Motor Vehicle Act, aggrieved by the Order and decree dated 15.11.2019 passed in MVOP No. 10 of 2018 on the file of the Chairman, Motor Accidents Claims Tribunal District Judge, Tirupati, Chittoor District. cum-X Additional This appeal coming on for hearing and upon perusing the grounds of Petition, the Order and Decree of the Trial Court and the the Petition and upon hearing the arguments of Sri N SRIHARI material papers in (SC for APSRTC), Advocate for the Appellant and of Sri Ch Venkat Raman, Advocate for Respondent No.1. This Court doth Order and decree as follows: 1. That the appeal be and is hereby dismissed; 2. That the order and decree dated 15.11.2019 passed in M.V.O.P.No.10 of 2018 by the Chairman, Motor Accident Claims Tribunal-cum-X Additional District Judge, Tirupati be and is hereby confirmed; 3. That there be no order as to costs in this appeal. SD/- B.PRASADA RAO ASSISTANT REGISTRAR // ^ //TRUE COPY// SECTION OFFICER To 1. The Chairman, Motor Accidents Claims Tribunal District Judge, Tirupati, Chittoor District. 2. Two CD Copies -cum- X Additional TK TAC . X'-' HIGH COURT DATED: 18/07/2025 DECREE MACMA No.398 of 2020 sT 0 9 SEP 2025 )Ej Sectjfftx^'V DISMISSING THE MACMA WITHOUT COSTS SiiVS^>3»rl? APHC010285822020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI «[£] □ a' lo FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA jVlO.TOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NQ.39fi of 2020 Appeal filed under Section 173 of Motor Vehicle Act, aggrieved by the Order and decree dated 15.11.2019 passed in MVOP No. 10 of 2018 on the file of the Chairman, Motor Accidents Claims Tribunal -cum-X Additional District Judge, Tirupati, Chittoor District. Between: The Managing Director, APSRTC Vijayawada, at Pandit Jawharlal Nehru Bus stand, Vijayawada. ...APPELLANT/RESPONDENT N0.2 AND 1. K Chanu Basha, S/o K.Siddhaiah, Aged about 21 years, R/o D.No.19-8- 118-B, Yadava colony, RC Road, Tirupati, Chittoor District. . - .RESPONDENT/PETITIONER 2. G Nagaraja, S/o China Narasappa, driver of APSRTC Pileru District. Chittoor ...RESPONDENT/RESPONDENT N0.1 (2"^* Respondent herein is driver of APSRTC not necessary party) c/ lA NO: 1 OF 2020 Petition under Order 41 Rule 5, Order 43 Rule I & II and R/w Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of execution of decrfe]^ pursuant to MVOP No. 10 of 2018 dated 15.11.2019 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-X Additional District Judge, Tirupati, pending disposal of the above MACMA. Counsel for the Petitioner : SRI N SRIHARI (SC FOR APSRTC) Counsel for Respondent No.1: SRI CH VENKAT RAMAN The Court made the following JUDGMENT : APHC010285822020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] >*1*’ FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 398/2020 Between: 1.THE MANAGING DIRECTOR, APSRTC VIJAYAWADA, AT PANDIT JAWHARLAL NEHRU BUS STAND VIJAYWADA. ...APPELLANT AND 1.K CHANU BASHA, S/0 K.SIDDHAIAH AGED ABOUT 21 YEARS, R/0 D.N0.19-8-118-B, YADAVA COLONY, RC ROAD TIRUPATI, CHITTOOR DISTRICT. 2.G NAGARAJA, S/0 CHINA NARASAPPA, DRIVER OF APSRTC PILERU, CHITTOOR DISTRICT. (2ND RESPONDENT HEREIN IS DRIVER OF APSRTC NOT NECESSARY PARTY) ...RESPONDENT(S): Counsel for the Appellant: 1.ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent(S): 1.CH VENKAT RAMAN The Court made the following: 2 VS, J MACMA.No.398 of 2020 JUDGMENT: The APSRTC filed the present appeal against the order and decree dated 15.11.2019 passed in M.V.O.P.No.10 of 2018 by the Chairman, Motor Accident Claims Tribunal-cum-XI Additional District Judge, Tirupati, whereby and whereunder the Tribunal granted compensation of Rs.2,62,000/- as against the claim of Rs.7,00,000/- for the injuries sustained by the petitioner in a motor accident that occurred on 23.10.2017. 2. For the sake of convenience, the parties will be referred herein as arrayed before the Tribunal. 3. The claimant filed the claim petition under Section 166(1)(a) of the Motor Vehicles Act read with Rules 423 and 475 of the Motor Vehicles Rules, claiming compensation of Rs.7,00,000/- for the injuries sustained by him in a motor accident that occurred on 23.10.2017. On 23.10.2017, the petitioner went to Pakala to collect money from purchaser and was returning to Tirupati by 2"^^ respondent’s bus St bearing No.AP 03 Z 0096 of Kuppam depot, driven by the 1 respondent, who had not taken any precautions, and while the petitioner was getting down from the bus, he had not stopped the bus. vs, J MACMA.No.398 of 2020 as a result of which, the petitioner lost control and fell down on road and sustained severe injury on his head and had become Immediately, he was shifted to SVRR GG Hospital, Tirupati, and then, to Helios Hospital, Tirupati, and admitted as in-patient and was discharged on 28.10.2017. A case in Crime No.156/2017 was registered against the driver of the bus for the offence under Section 337 IRC and charge sheet was filed for the offences under Sections 338 IPC and Section 134(b) r/w 187 of M.V.Act. As on the date of accident, the petitioner was aged about 19 years, hale and healthy, studying Second Year B.Sc in S.D.H.S. College, Tirupati and assisting his father in Tea Power shop and also running tuitions and contributing the same to his family. Due to the injuries sustained by him, he is unable to do his normal duties and is depending on his family members. Hence, he claimed compensation of Rs.7,00,000/- under different heads. unconscious. was 4. The Respondent No.1 remained ex parte. The respondent No.2 Corporation filed its written statement denying the petition averments and manner in which the accident occurred. It is further contended that the 1®* respondent being the driver of the bus bearing No.AP 03 Z 0096 was proceeding from Kup^aYn to Tirupati and at about 5.30 p.m., when vs, J 4 MACMA.No.398 of 2020 the bus reached the signal point at Balaji Colony, a red light was on and the bus was stopped during which time some passengers got down from the bus, and after green signal, the bus moved towards Town Club, the petitioner requested the Conductor to stop the bus and accordingly, the driver stopped the bus. Meanwhile, the petitioner got down from the bus in reverse direction while talking over mobile phone, lost control and fell down on the road and immediately the driver and conductor shifted him to SVRR GG Hospital, Tirupati. The accident was occurred only due to negligent act of the petitioner and there was no negligence on the part of the driver or conductor of the bus. Hence, prayed to dismiss the claim petition. 5. Based on the above pleadings, the Tribunal framed the following issues for trial. 1) Whether the petitioner sustained injuries in a motor vehicle accident occurred on 23.10.2017 at about 5.30 p.m., due to negligent driving of APSRTC Bus bearing No.AP 03 Z 0096 or not? 2) Whether the petitioner is entitled to any compensation, if so, to what amount and from whom? 3) To what relief? ^ • 5 VS, J MACMA.No.398 of 2020 6. During the course of trial, on behalf of the petitioner, PWs 1 to 4 were examined and Ex.A1 to A16 were marked. On behalf of the respondents, RW1 was examined and documentary evidence adduced. was 7. The Tribunal, basing on the evidence of PWs 1 to 4 coupled with documentary evidence of Exs.A.1 to A.16, concluded that the accident was occurred due to negligence of the driver of the bus, awarded amount of Rs.2,62,000/- on all heads against Respondent Nos.1 and 2 jointly and severally. Assailing the said award of compensation, the present appeal came to be filed. an Heard Sri N. Srihari, learned standing counsel for the appellant- Corporation and Sri Ch. Venkata Raman, learned counsel for the respondent No.1. 8. appearing 9. Learned standing counsel for the appellant submits that the Tribunal erred in holding that the alleged accident took place only due to the rash and negligent driving of the driver of the APSRTC Bus without any evidence on record. The claimant himself contributed to the accident as he got down from the bus in reverse direction while talking over mobile phone, lost control and fell down on the road, as such the 6 VS, J MACMA.No.398 of 2020 Tribunal ought to have considered the the claimant also for contributing to the accident. However, the Tribunal, basing on the oral evidence of PW1 who is injured coupled with documentary evidence certified copy of FIR, certified of charge sheet and certified that the accident occurred only due the driver of the offending bus. The Tribunal of the fact that the offending vehicle also basing on the evidence of RW1 admitted that that the accident has respondent No. 1 - driver of the APSRTC Bus. said fact and fix the liability on 10. of Ex.A.1 to A.4 i.e. copy of wound certificate, certified copy copy of Form-54 came to the conclusion to the rash and negligent driving of taking into consideration a criminal case has been registered against the driver of per Ex.AI FIR and Ex.A2 Charge Sheet, and as - Driver of the Bus, who has a criminal case has been registered against him, held occurred due to rash and negligent driving of 11. However, having regard to the facts and circumstances of the standing counsel case and the submissions of the learned from the award under appeal, this as seen court found that the finding of the to rash and negligent driving of on account of which the petitioner Tribunal that the accident occurred due the driver of the offending bus, sustained injuries, became final and needs no interference in the .fc 7 VS, J MACMA.No,398 of 2020 absence of substantial evidence on the part of the appellant Corporation, though they pleaded about the contributory negligence the part of the petitioner while getting down the bus. on 12. With respect to the age and income of the petitioner, the Tribunal held that it is the claim of the petitioner that as on the date of the accident, he is aged about 19 years, studying second year B.Sc and also helping his father in business and earning Rs.20,000/-. As the claimant failed to prove the same through documentary evidence, the was not considered by the Tribunal. But, however, basing on the evidence of PW2 - Doctor, and Ex.A3 - Certified copy of wound certificate, which goes to show that the claimant grievous injury to his head, and also considering Exs.AS and A9 - Medical prescriptions, Ex.A6 and A10 - Medical bills, the Tribunal awarded an amount of Rs.2,00,000/- towards medical same sustained one expenses, extra nourishment and attendance charges, Rs. 1,000/- towards damage to clothes, Rs. 10,000/- towards pain and suffering, Rs.50,000/- for one grievous injury. In all, the Tribunal awarded an amount of Rs.2,62,000/, which, in the opinion of this Court is just and reasonable. In view of the above facts and circumstances, the reasons assigned for award of such amounts are just and reasonable and are well founded. Hence vs, J MACMA.No.398 of 2020 the contentions of the learned standing counsel for the appellant are unsustainable and do not have any merit. Therefore, the appeal is devoid of any merit and is liable to be dismissed. Accordingly, the appeal is dismissed, confirming the order and decree dated 15.11.2019 passed in M.V.O.P.No.10 of 2018 by the Chairman, Motor Accident Claims Tribunal-cum-X Additional District Judge, Tirupati. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending SD/- B.PRASADA RAO ASSISTANT REGISTRAR shall stand closed. // ^ //TRUE COPY// SECTION OFFICER To 1. The Chairman, Motor Accidents Claims Tribunal -cum- X Additional District Judge, Tirupati, Chittoor District, (with records if any) 2. One CC to Sri N SRIHARI (SC for APSRTC), Advocate [OPUC] 3. One CC to Sri Ch Venkat Raman, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 5. Two CD Copies TK TAC high court DATED; 18/07/2025 JUDGMENT + DECREE IMACMA No.398 of 2020 a 0 9 SEP 2025 )S \VSiiin»nt SwtjgnxC COSTS Co dismissing the macma without