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A. V. RAVINDRA BABU
APSRTC – Appellant
Versus
Kota Leelavathi – Respondent
JUDGMENT :
A.V. Ravindra Babu, J.
1. Challenge in this Motor Accidents Civil Miscellaneous Appeal is to the order, dated 18.01.2016, in M.V.O.P. No.253 of 2012 on the file of Chairman, Motor Accidents Claims Tribunal- cum-VIII Additional District and Sessions Court (FTC), East Godavari, Rajahmundry (for short, 'the Tribunal') whereunder the Tribunal, while dealing with the claim of compensation sought by the claimant towards the injuries sustained by her in a motor vehicle accident, which was occurred on 05.07.2011, awarded a sum of Rs.3,66,200/- towards compensation.
2. The appellant/APSRTC, aggrieved by the aforesaid order, filed the present Appeal.
3. The parties to this Appeal will hereinafter be referred to as described before the Tribunal, for the sake of convenience.
4. The case of the claimant, in brief, according to the averments set out in the claim, before the Tribunal, is that on 04.07.2011 night petitioner and her mother Kota Varalakshmi boarded APSRTC bus bearing No.AP 28 Z 4342 (hereinafter referred to as 'offending vehicle') at Ramachandrapuram to go to Guntur for coolie work. At about 02:00 AM early hours of 05.07.2011 when the offending vehicle reached near sugar facto
The court upheld the Tribunal's decision on compensation, affirming that the claimant proved the driver's negligence and the assessed disability of 40%.
The judgment reinforces the principle that compensation for motor vehicle accidents should reflect the severity of injuries and the negligence of the responsible party.
The main legal point established in the judgment is the determination of liability for a motor vehicle accident under Section 166(1)(c) of the Motor Vehicles Act, 1988, based on evidence of rash and ....
The main legal point established is the assessment of compensation under Section 166 of the M.V. Act 1988 for injuries sustained in a motor vehicle accident.
Disability to part of body cannot be treated as disability to whole body.
The appellate court can reduce compensation awarded by the Tribunal if it finds the original amount excessive or incorrectly calculated based on the evidence presented.
The judgment reinforces the principle that compensation for motor vehicle accidents should reflect the severity of injuries and loss of income, ensuring fair redress for victims.
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