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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
Apsrtc – Appellant
Versus
Bonthu Srinu – Respondent
JUDGMENT :
V.SUJATHA, J.
The APSRTC filed the present appeal against the order and decree dated 25.01.2019 in M.V.O.P.No.464 of 2017 on the file of the Court of the Motor Vehicles Accidents Claims Tribunal-cum-XIII Additional District Judge, Gajuwaka, whereunder the Tribunal granted compensation of Rs.2,83,395/- (Rupees two lakh eighty three thousand three hundred and ninety five only) to the petitioner/respondent No.1 herein, as against the claim of Rs.2,00,000/-, for the injuries sustained by him in a motor accident that occurred on 02.06.2014.
02. For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.
03. The case of the petitioner is briefly as follows:
On 02.06.2014 morning, the petitioner started from his house at BC Road, Gajuwaka in his auto bearing registration number AP 31 TB 5658, along with his house owner and her son to go to Desapatrunipalem. While the petitioner was driving from Steel Plant to Paravada and when he reached near Sector-VI at around 11:00 AM, an APSRTC bus bearing registration No.AP 11 Z 6343 was taking right turn towards Sector-VI from the opposite direction. Observing the bus, the petitioner stopped his aut
The court upheld the compensation awarded for injuries in a motor accident, affirming the claimant's disability assessment and dismissing the appeal due to lack of evidence from the respondents.
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 court upheld the Tribunal's decision on compensation, affirming that the claimant proved the driver's negligence and the assessed disability of 40%.
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.
The court upheld the compensation awarded for disability, affirming that functional disability significantly affects earning capacity, meriting consideration beyond mere age and income evidence.
The judgment reinforces the principle that compensation for motor vehicle accidents should reflect the severity of injuries and the negligence of the responsible party.
Compensation claims under the Motor Vehicles Act must be established on the preponderance of probability, emphasizing the need for just compensation for injuries sustained due to negligent driving.
Deductions for personal expenses in compensation claims for injuries are not justified; courts must ensure just compensation reflecting the claimant's loss.
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