JUDGMENT :

1. Aggrieved by the order dated 19.01.2015 in M.V.O.P. No.141 of 2012 passed by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Kurnool, the claimant in the M.V.O.P. No.141 of 2012 filed M.A.C.M.A. No.633 of 2015. In contrast, the respondent-A.P State Road Transport Corporation rep., by its Regional Manager, Kurnool, has filed M.A.C.M.A. No.2236 of 2015. As both appeals arise out of order passed in M.V.O.P. No.141 of 2012, both appeals are disposed of by common Judgment.

2. For convenience, the parties will be referred to per their rankings in the M.V.O.P.

3. The claimant has filed a petition under Section 166 (1) (a) of the Motor Vehicles Act, 1988, claiming compensation of Rs.20,00,000/- on account of the injuries sustained by him in a motor vehicle accident that took place on 04/05.09.2011 at about 01.45 AM near Ammavaripalli village Penugonda Mandal, Anantapur District.

4. The claimant’s case is that on 04.09.2011, the claimant and some others boarded A.P.S.R.T.C. bus bearing registration No.AP21-Z-0004 (hereinafter referred to as 'the offending bus') at Yemmiganur to go to Bangalore at midnight at about 01.45 AM. On 05.09.2011, the offending bus driver drove it at high speed and in a rash and negligent manner, and when the offending bus reached Ammavaripalli village, Penukonda Mandal, Anantapur District, the offending bus driver lost control over the bus, due to which the bus went and hit a lorry from behind, which was going in the same direction on the extreme left side of the road, as a result of which, the claimant sustained injuries all over the body apart from crush injury over his left leg. Other inmates of the offending bus also sustained injuries.

5. The respondent filed a counter, denying the averments in the petition, inter alia, contending that the claimant has to prove his age, income and avocation, as well as the manner of the accident in which it occurred. There was no negligence on the part of the offending bus driver, and the accident occurred due to rash and negligent driving of the driver of the lorry bearing registration No.KA01-4881. The said lorry was going on the right side, and the bus was on the left side of the four-way road. When the bus reached the said lorry, the driver suddenly turned it towards the left side of the road without signal lights, due to which the left portion of the offending bus touched the lorry on its back side. The compensation claimed is high and excessive.

6. Based on the pleadings, the Tribunal framed relevant issues. During the trial, on behalf of claimants, P.Ws.1 to 3 were examined and marked Exs.A.1 to A.13. On behalf of the respondent, R.W.1 got examined, but no documents got marked.

7. The learned Tribunal, after evaluating the evidence on record, held that the accident occurred due to the rash and negligent driving of the offending bus driver, which resulted in the injuries of the claimant, and awarded compensation of Rs.8,02,400/- with interest at 9% per annum from the date of the petition till the date of realization against the respondent.

8. Heard both the learned counsels.

9. Learned counsel for the appellants/claimants in M.A.C.M.A. No.633 of 2015 contended that the Tribunal erred in granting no compensation under the head of mental agony, cost of artificial leg, medical and incidental expenses, cost of litigation, loss of future enjoyment of life and loss of amenities even though the appellant suffered 80% disability as the claimant’s left leg was amputated upto knee and his left thigh portion was also operated by inserting plates, while his right leg was already affected by Polio which compels this case to be considered with more empathy; the Tribunal erred in granting a very minimal compensation towards non pecuniary damages under one head covering disfiguration of his left leg, loss of marriage prospects, loss of amenities