1 APHC010063872019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO. 120/2019 Between: A.P.S.R.T.C. ...APPELLANT And G.Veeranna and others ...RESPONDENT(S) Counsel for the Appellant: 1. TARLADA VINOD KUMAR Counsel for the Respondent(S): 1. The Court made the following: 2 3 The Court made the following Judgment: The present appeal is filed aggrieved by the order dated 26.09.2018 passed in M.V.O.P No.365 of 2017 on the file of Motor Accidents Claims Tribunal-cum-IX Additional District Judge, East Godavari, at Rajamahendravaram. 2. The first respondent filed claim petition under section 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.1,50,000/- on account of death of Murra breed pregnant buffalo in the accident that occurred on 01.04.2017 due to rash and negligent driving of the second respondent (driver of A.P.S.R.T.C bus). Upon contest, the said petition was allowed directing the appellants herein to pay an amount of Rs.1,25,000/- towards compensation together with interest @ 7.5 % p.a, from the date of petition till the date of realization. Aggrieved by the same the present appeal is filed. 3. Heard learned counsel for the petitioner. Despite service of notice, none appears for the respondent. Perused the material available on record. 4. It is contended by the counsel for the appellant that, the claimant did not establish that the accident was occurred due to the rash and negligent driving of the driver of the bus and the trial Court erred in taking the cost of buffalo as Rs.1,00,000/- without their being any valid certificate produced before it. 5. On perusal of the record, it is clear that, in support of the claim petition, the claimant was examined as PW1 who was eye witness to the accident and according to his evidence, the bus was driven in a rash and negligent manner by the driver who 4 came in opposite direction and hit the buffalo. Though the PW1 was cross-examined at length, nothing was elicited to rebut the same. Further on perusal of Ex.P1 copy of F.I.R in Cr.No.35 of 2017 of Addateegala P.S., it is stated that the driver came and hit the buffalo in rash and negligent manner. Further, on perusal of Ex.P2 post mortem certificate given by the Veterinary doctor, Thimmapuram, clearly opined that the cause of death of the buffalo is due to hypovolemick shock. From the above, it is clear that the bus was driven in rash and negligent manner and hit the buffalo, thereby the buffalo died on the spot. Further, the driver of the vehicle did not choose to examine the bus conductor or any of the passengers to prove that he did not drive the vehicle in rash and negligent manner. Further, nothing is placed on record rebut Exs.P1 & P2. Therefore, it is established that the deceased she buffalo died on the spot due to rash and negligent driving of the bus. 6. Coming to the quantum of compensation awarded by the Tribunal, admittedly as on the date of accident, the buffalo was carrying five months pregnancy and the same was certified by Veterinary surgeon through post mortem certificate which was marked as Ex.P2. Further the claimant has filed Exs.P1 to P3 to show that the deceased buffalo is of Murrah bread as per the certificate given by the Veterinary doctor, the cost of the said buffalo would be around Rs.90,000/-. By taking into consideration the fact that as on the date of accident the buffalo was aged about five (05) years further, the said buffalo was carrying five (05) months old pregnancy, the Tribunal has taken the value of the buffalo as Rs.90,000/- and an amount of Rs.10,000/- towards loss of five (05) months of baby buffalo. Though, it is contended by the counsel for the appellant that the trial Court has not 5 considered the case of the appellant in its proper perspective, to substantiate its contention, the appellants neither examined any witness nor marked the documentary evidence. In the absence of any evidence, the contention of the appellants cannot be accepted. The tribunal after considering the case has rightly awarded compensation of Rs.1,25,000/-. This Court does not find any illegality in the order passed by the tribunal. 7. In view of the same, there are no merits in the appeal and accordingly, the same is dismissed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 07.08.2025. GRL 6 166 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR M.A.C.M.A.No.120 of 2019 7 07.08.2025. GRL