1 APHC010081922023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 71/2023 Between: 1. THE DEPOT MANAGER, SRIKAKULAM II DEPOT, SRIKAKULAM TOWN AND DISTRICT 2. THE APSRTC, REP. BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, RTC HOUSE, PANDIT NEHRU BUS STATION, VIJAYAWADA. ...APPELLANT(S) AND 1. AKULA LOKESWARA RAO, S/O LATE APPARAO, AGED 41 YEARS, RESIDENT OF DOOR NO. 16-2-144, DEVANAGULA VEEDHI, FAZULBEGHPETA, SRIKAKULAM TOWN AND DISTRICT. 2. KOMMANAPALLI MAJJI APPARAO K M A RAO, S/O LATE CHINNA APPALASWAMY, AGED 55 YEARS, DRIVER OF CRIME VEHICLE, APSRTC BUS BEARING NO. AP-30Z-0034, SRIKAKULAM -II DEPOT, STAFF NO. 457803, RESIDENT OF DOOR NO. 1-7-28, BUKTCHIPETA, SRIKAKULAM, SRIKAKULAM TOWN AND DISTRICT. (2 RESPONDENT NOT NECESSARY PARTY ...RESPONDENT(S): Counsel for the Appellant(S): 1. K SRINIVASA PRASAD SC For APSRTC Counsel for the Respondent(S): 1. The Court made the following: 2 THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 71/2023 JUDGMENT: 1. This Motor Accident Claims Miscellaneous Appeal (for short MACMA) has been preferred by the 2nd and 3rd Respondents i.e., The Depot Manager, Srikakulam II Depot, Srikakulam Town and District; and the APSRTC, represented by its Vice Chairman and Managing Director, RTC House, Pandit Nehru Bus Station, Vijayawada, respectively, challenging the Order/Award and Decree passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- I Additional District Judge, Srikakulam in M.V.O.P.No.9 of 2020 dated 10.11.2022, wherein the Tribunal has awarded an amount of Rs.55,000/- as against the claim of Rs.2,00,000/-. For the sake of convenience and to avoid confusion, the parties herein after referred to as they were arrayed before the Tribunal i.e., Appellants herein as 2nd and 3rd respondents, 1st respondent herein as petitioner and 2nd respondent herein as 1st respondent. 2. The Petitioner being injured filed claim petition in M.V.O.P.No.9 of 2020 claiming compensation of Rs.2,00,000/- together with interest and costs for the injuries sustained by him in a road accident. 3 3. Brief averments of the claim petition of claimants in MVOP No.9 of 2020 are that: the petitioner – Akula Lokeswara Rao was aged 40 years, hale and healthy, and was a private electrician, earning Rs.10,000/- per month. While so, on 02.04.2017 at 10.30 A.M, he was going to Kothuru village from Srikakulam on the motor bike of one Vysyaraju Venkateswarlu being rider and petitioner being the pillion rider, when they reached Sandemma temple culvert, near Kaligam road junction, respondent No.1 being driver of the APSRTC bus bearing No.AP 30 Z 0034, drove the bus in a rash and negligent manner and dashed against their bike, while coming in opposite direction. The rider died at the spot. The petitioner suffered injuries. He was shifted to Primary Health Centre, Kothuru in 108 Ambulance. At the time of discharge, he was advised to take further treatment, using medicines and extra nourishment. For his treatment, he had spent Rs.30,000/-. The accident was registered as a case in crime No.26/2017 against respondent No.1 for the offence punishable under sections 304-A and 338 of Indian Penal Code. 4. Respondent No.2 filed written statement, Respondents No.1 and 3 adopted the same. They pleaded that respondent No.1 drove the bus in a normal speed and he had taken all precautions to avoid the accident and he did not drive the vehicle in a rash and negligent manner. They pleaded that when the bus reached Kaligam road culvert junction, the rider of the motor bike came in high speed, in a rash and negligent manner and unable to control the motor bike, the 4 rider himself dashed against the stationed bus. The deceased, rider of the bike did not have the valid driving license and the petition is bad for non-joinder of necessary parties, as the owner of the motor bike and the insurance company are not added as parties, that there is contributory negligence on the part of the deceased, that the claim is highly excessive and prayed for dismissal of the petition. 5. Basing on the above pleadings, this Tribunal settled the following issues for trial:- 1) Whether the petitioner / Akula Lokeswara Rao sustained injuries in the motor vehicle accident, which occurred on 02.04.2017 at about 10.30 a.m., at Sandemma temple culvert near Kaligam road junction, Kotturu mandal, Srikakulam due to the rash and negligent driving of the respondent No.1, as driver of the APSRTC bus bearing No.AP 30 Z 0034 stage carriage? 2) Whether the petitioner is entitled for the compensation for the injuries sustained by him in the accident, if so to what amount and from whom? 3) To what relief? 6. To prove the case of petitioner, petitioner himself examined as P.W.1 and got marked Ex.A.1 – certified copy of F.I.R in Cr.No.26 of 2017 of Kothuru Police Station, Ex.A.2 – certified copy of charge sheet, Ex.A.3 – certified copy of motor vehicle inspector report, Ex.A.4 – certified copy of wound 5 certificate, Ex.A.5 – medical bills (11 in umber) for Rs.8,440/-, and Ex.A.6 – O.P card issued by KIMS Hospital. On behalf of respondents none were examined and no documents were marked. 7. Upon hearing both counsel, upon perusing the pleadings, oral and documentary evidence placed on record by both parties, the Tribunal allowed the claim of petitioner in part by awarding Rs.55,000/- as compensation together with interest at 9% p.a from the date of petition till the date of realization, directing respondents No.2 and 3 to deposit the compensation amount within one (01) from the date of order. 8. Being aggrieved by the said order and decree, the 2nd and 3rd Respondents have preferred the present appeal on the sole ground that except the claimant i.e. P.W.1, no other independent witness was examined, there is no other independent eyewitness in support of his case to prove that the accident occurred because of the rash and negligent driving of the driver of A.P.S.R.T.C bus. 9. Heard the learned Counsel for appellants as well as respondents and perused the material in record. 10. Perused the award passed by the Tribunal. The claimant himself got examined as P.W.1, who deposed that one Vysyaraju Venkateswarlu was riding 6 the bike and he was a pillion rider on 02.04.2017 at about 10.30 A.M, and when they reached Sandemma temple culvert, near Kaligam road junction, respondent No.1 being driver of the RTC bus bearing No.AP 30 Z 0034, drove the bus in a rash and negligent manner while coming in opposite direction and dashed against their bike and swept out them to some distance. Considering the evidence of P.W.1, in the absence of any evidence adduced on behalf of Respondent No.1 coupled with Ex.A.1 – F.I.R and Ex.A.2 – charge sheet, the tribunal held that the accident was occurred due to rash and negligent driving of Respondent No.1 only. 11. As the claimant has sustained several injuries i.e., 5 injuries in the said accident and as they are simple in nature, the tribunal awarded an amount of Rs.55,000/- only as against the claim of Rs.2,00,000/- (under the heads – pain and suffering Rs.25,000/-, expenditure on extra nourishment Rs.5,000/- loss of amenities and enjoyment Rs.5,000/- medical expenditure Rs.10,000/- and loss of earning during treatment period Rs.10,000/-) which in the opinion of this Court is neither illegal nor excessive. 12. In view of my above discussion, this court finds no reason to interfere with the order passed by the Tribunal. Thus, the appeal is liable to be dismissed. 7 13. Accordingly, the Motor Accident Civil Miscellaneous Appeal is dismissed. No costs. Consequently, pending miscellaneous applications, if any, shall stand closed. __________________ JUSTICE V.SUJATHA KS Dated 10.03.2026. 8 286 THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENTS CIVIL MISCELLANEOUS APPEAL NO:71 /2023 DATED 10.03.2026 KS