1 MACMA NO.460 OF 2023 VS,J. APHC010407082023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 460/2023 Between: 1. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE, APSRTC, NEAR RTC BUS STAND KADAPA CITY, KADAPA DISTRICT. ...APPELLANT AND 1. TANGEDUPALLI RAVINDRANATH, S/O OBANNA, HINDU, AGED ABOUT 20 YEARS, EMPLOYEE IN SAJJALA WOVEN SACKS PRIVATE LIMITED, RESIDING OF THANGEDUPALLI VILLAGE, VEERAPUNAYUNIPALLI MANDAL, KADAPA DISTRICT. 2. MAYALURI RAJAGOPAL REDDY, S/O VEERA REDDY, HINDU, AGED ABOUT 53 YEARS, DRIVER OF APSRTC BUS BEARING NO. AP-11-Z- 5449, RESIDING AT 21/91, NAGALAKATA STREET, JAMMALAMADUGU TOWN AND MANDAL, KADAPA DISTRICT. (RESPONDENT NO.2 IS NOT NECESSARY PARTY) ...RESPONDENT(S): Counsel for the Appellant: 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent(S): 1. V R REDDY KOVVURI The Court made the following: 2 MACMA NO.460 OF 2023 VS,J. THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 460/2023 J U D G M E N T: 1. This Motor Accidents Civil Miscellaneous Appeal (for short MACMA) has been preferred by the Appellant/2nd Respondent Andhra Pradesh State Road Transport Corporation (for short APSRTC) challenging the Order and Decree dated 06.12.2022 in M.V.O.P.No.491 of 2017 passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- I Additional District Judge, Kadapa by awarding Rs.1,62,518/- to the petitioner towards compensation. For the sake of convenience and to avoid confusion, the parties hereinafter are referred to as they were arrayed before the Tribunal i.e., appellant herein as 2nd Respondent and Respondent No.1 herein as Petitioner and Respondent No.2 herein as 1st respondent. 2. The Petitioner – Tangedupalli Ravindranath being injured filed this petition under section 166 r/w 166(2) of M.V Act, 1988 and Rules 455 of A.P.M.V Rules, 1989, claiming compensation of Rs.3,00,000/-, together with interest and costs, for the injuries sustained by him in a road accident on 26.03.2010 at 7.30 P.M. 3. Brief averments of the claim petition are that: at the time of accident, petitioner was aged 18 years, working in Sajjala Woven Sacks Private Limited, Vempalli earning Rs.9,000/- per month and contributing it to his family. 3 MACMA NO.460 OF 2023 VS,J. i. On 26.03.2010 at about 7-30 p.m., the petitioner being rider of his motorcycle bearing No.AP-04-E-7795 and one Rama Krishna being pillion rider reached cross road of N.Palagiri village on Yerraguntla - Vempalli main road. At that time APSRTC bus bearing No.AP-11-Z-5449 came in opposite direction driven by first respondent in a rash and negligent manner and dashed the motorcycle, due to which the petitioner fell down from motorcycle and sustained fracture injuries. He was shifted to Government hospital, Vempalli and in turn to RIMS Hospital, Kadapa and from RIMS hospital to Syamala Hospital, Kadapa where Doctors conducted surgeries by inserting rods, plates and screws. He was treated as in patient from 28.03.2010 to 10.04.2002. Thereafter the petitioner visited hospital as out-patient. He also took treatment from private orthopedic surgeons at Kadapa and Proddutur, for which he spent huge amount. As a result of accident, he is unable to attend any work, to stand on his left leg and unable to walk even for a small distance and became permanently disabled and the company removed him from service. Thus the petitioner lost his only source of income. He also lost many amenities in life. ii. Basing on the report of petitioner, a case in Crime No.16 of 2010 as registered in Gangireddipalli police station, after investigation, filed charge sheet against driver of bus. Said accident occurred due to rash and negligent driving of first respondent who is working under 2nd respondent - APSRTC. Thus both 4 MACMA NO.460 OF 2023 VS,J. respondents are liable to pay compensation of Rs.3,00,000/- as compensation with interest at 16% per annum. 4. Respondent No.1 remained exparte. 5. The second respondent filed counter denying averments of the petition and pleaded that it is a case of triple riding. The petitioner himself dashed the bus without observing traffic rules and regulations. Second respondent denied rash and negligent driving on the part of the driver of bus. The petition influenced police in registering the case against first respondent. In addition, it is pleaded that petition is bad for non-joinder of owner and insurer of the motorcycle bearing No.AP04-E-7795. Second respondent pleaded that the petitioner was treated on free of costs at various hospitals. Second respondent denied income and occupation of the petitioner. Further, according to second respondent compensation claimed is highly excessive. Hence, prayed to dismiss the petition against second respondent. 6. Basing on the above pleadings the following issues were framed by the Tribunal for enquiry/trial: 1) Whether the petitioner sustained injuries in a Motor Vehicle Accident which occurred on 26.03.2010 due to rash and negligent driving of the driver of APSRTC bus bearing No.AP-11-Z-5499? 5 MACMA NO.460 OF 2023 VS,J. 2) Whether the petitioner is entitled for compensation, if so, to what amount and from whom? 3) To what relief? 7. On behalf of petitioner, Petitioner - Tangedupalli Ravindranath examined as P.W.1, the Doctors who treated the petitioner got examined as P.W.2 – Dr. J.Nagesh and P.W.3 – Dr. Anil Kumar Reddy and got marked Ex.A.1 - Certified copy of FIR in Cr.No.16/2010 of Gangireddipalli Police Station, Ex.A.2 - Certified copy of wound certificate; Ex.A.3 - Certified copy of charge sheet, Ex.A.4 - Certified copy of discharge summary issued by Syamala hospital, Kadapa, Ex.A.5 - Receipt issued by Syamala hospital, Kadapa for Rs.26,850/-, Ex.A.6 - Medical bills for Rs.10,668/- seven in number, Ex.A.7 - Disability certificate issued by RIMS hospital, Kadapa, Ex.A.8 - Salary certificate issued by Sajjala Woven Sacks Private Limited. 8. Upon hearing arguments of both counsel, upon perusing the oral and documentary evidence placed on record, the Tribunal allowed the petition partly, by awarding Rs.1,62,518/- towards compensation to the petitioner together with proportionate costs and interest at 6% p.a from the date of petition till the date of realization. Respondents No.1 and 2 are jointly and severally directed to pay the compensation amount to the petitioner within one (01) month from the date of order. 6 MACMA NO.460 OF 2023 VS,J. 9. Being aggrieved by the said Order and Decree, the 2nd respondent has preferred the present appeal on the following grounds – the Tribunal failed to appreciate that the claimants failed to establish the negligent driving on the part driver of APSRTC bus bearing Regn. No.AP-11-Z-5449 in the accident on 26.03.2010, but said accident was occurred due to rash and negligent driving of motor cycle, the Tribunal failed to frame the issue regarding contributory negligence, though a specific plea was taken by the appellant, without investigation, police falsely foisted case against driver of APSRTC. Hence, prayed to allow the appeal by dismissing M.V.O.P.No.491 of 2017 and by setting aside the order and decree dated 06.12.2022 in M.V.O.P.No.491 of 2017 passed by the Chairman, MACT –cum- I Additional District Judge, Kadapa. 10. Heard the learned Counsel for Appellant as well as Respondent No.1 and perused the material on record. 11. The contention of the appellant is that the tribunal failed to frame an issue on contributory negligence, though specific plea was taken in their counter/written statement that the accident was occurred due to rash and negligent riding of the rider of motor cycle. In this regard the Tribunal relying on oral and documentary evidence – Ex.A.1 F.I.R and Ex.A.2 – wound certificate, Ex.A.3 – Charge sheet filed against 1st respondent (driver of APSRTC) bus prima faice came to the conclusion that the accident occurred due to rash and negligent 7 MACMA NO.460 OF 2023 VS,J. driving of 1st respondent. In the absence of any contra evidence adduced by the respondents, the Tribunal rightly decided issue No.1 holding that the accident occurred due to rash and negligent driving of 1st respondent, resulting injuries to the petitioner. 12. To prove the injuries sustained by the claimant, he got examined the Doctors, who treated him, as P.Ws.2 and 3. P.W.3 – Dr. Anil Kumar Reddy deposed that surgeries were conducted to the petitioner. P.W.1 – claimant stated in his cross-examination that he is doing job as on the date of giving evidence. Considering the evidence of P.W.1 – claimant and P.W.3 – Doctor, the Tribunal held that the clamant suffered partial disability that ceased to exist after treatment and awarded Rs.1,00,000/- towards pain and suffering. Relying on Ex.A.5 – receipt the Tribunal awarded Rs.26,850/- towards hospital bill. Further, the Tribunal awarded Rs.3,000/- towards special diet, Rs.2,000/- towards attendant charges, Rs.10,000/- towards loss of amenities, Rs.10,668/- towards medical expenses and Rs.10,000/- towards transport charges. In total, the Tribunal awarded Rs.1,62,518/- to the claimant for the injuries sustained by him, which in the opinion of this Court is well considered and needs no interference. 13. Accordingly, the Motor Accidents Civil Miscellaneous Appeal is dismissed. No costs. 8 MACMA NO.460 OF 2023 VS,J. Consequently, pending miscellaneous applications, if any, shall stand closed. _______________________ SMT JUSTICE V.SUJATHA KS Dated 23.02.2026. 9 MACMA NO.460 OF 2023 VS,J. 258 THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 460/2023 DATED 23.02.2026 KS