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2026 Supreme(AP) 979

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A. HARI HARANADHA SARMA, J.
T. Krishnamma & Others W/o M.Subramanyam Cultivation - Appellant
Vs.
A Srinivasulu Others S/o A. Krishnaiah - Respondent
Motor Accident Civil Miscellaneous Appeal No. 69 of 2012
Decided On : 10-04-2026

Advocates:
Advocate Appeared:
For the Appellant : S V Muni Reddy
For the Respondent: N Mohan Krishna, Aravala Rama Rao(SC For APSRTC KKAC), T S Rayalu

Legal representatives, including non-dependants, possess the locus standi to claim compensation under the Motor Vehicles Act as the compensation forms part of the deceased's estate. Courts are duty-bound to award 'just compensation' based on evidence, even if it exceeds the amount originally claimed.

Headnote:(A) Motor Vehicles Act, 1988 - Sections 166, 173 - Death in motor accident - Legal representatives - Non-dependants - Maintainability of petition - Even legal representatives who are non-dependants can maintain a claim petition for compensation - Compensation forms part of the estate of the deceased - (Paras 28 and 29)

(B) Motor Vehicles Act, 1988 - Sections 168 - Just compensation - Appellate jurisdiction - Tribunal or Court is empowered to award compensation in excess of what is claimed in the application, provided evidence supports it - The function of the Court is to award just and reasonable compensation, not restricted by technicalities - (Paras 37, 41 and 42)

(C) Evidence - Criminal conviction - Admission of guilt by driver - Sufficient to prove negligence - No necessity of adducing further evidence regarding negligence when driver has pleaded guilty in criminal proceedings - (Paras 23 and 24)

Facts of the case:
Legal heirs and family members of a deceased individual challenged the dismissal of their claim petition by the Tribunal. The accident occurred when the vehicle in which the deceased was travelling was involved in a collision with a commercial vehicle. The Tribunal had dismissed the petition, opining that the death occurred months after the accident and was natural, and that the claimants were not dependants of the deceased. The appellants contended that the death was a direct consequence of the injuries sustained in the accident and asserted their right to compensation as legal representatives.

Findings of Court:
The court held that the death was attributable to the accident injuries given the continuity of medical treatment. Relying on the principle that 'legal representative' should be broadly construed, the court affirmed that even non-dependant legal heirs are entitled to file a claim. It further held that the appellate court has the authority to award compensation in excess of the amount originally claimed to satisfy the requirement of 'just compensation'.

Issues: Whether the dismissal of the claim petition for lack of dependency and the contention that the death was not caused by the accident were legally sustainable; whether legal heirs who are non-dependants can maintain a claim under the Act; and whether the Court can award compensation higher than what was originally claimed.

Ratio Decidendi: The court clarified that 'legal representative' under the Act encompasses more than just dependants, as the compensation forms part of the deceased's estate. It emphasized that remedial legislation mandates a welfare-oriented approach, allowing courts to grant just compensation based on evidence rather than being constrained by the initial claim amount or narrow definitions of dependency.

Result: Appeal allowed. The impugned order of the Tribunal was set aside, and compensation was awarded with interest.

JUDGMENT :

A. HARI HARANADHA SARMA, J.

Introductory:

1. Claimants in M.V.O.P.No.7 of 2007 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-VIII Additional District Judge (FTC), Chittoor (for short “the learned MACT”), feeling aggrieved by the dismissal of their petition filed under Section 166 (1)(c) of the Motor Vehicles Act, 1988, filed the present appeal invoking Section 173 of the Motor Vehicles Act.

2. Claim was made for awarding a compensation of Rs.2,50,000/- for the death of one Eswaramma (hereinafter referred to as “the deceased”) in a road traffic accident caused by the driver of the tipper lorry bearing No.AP 03 T 3744 (hereinafter referred to as “the offending vehicle”), owned by respondent no.1 and insured with respondent No.2, while the deceased was travelling in A.P.S.R.T.C. bus bearing No.AP 09 Z 7964 belonging to Respondent Nos.3 and

4, before the learned MACT.

3. Claimant No.1 is the daughter and claimant No.2 is the daughter-in-law; claimant Nos.3 and 4 are the grand children, claimant No.5 is the daughter-in- law; claimant Nos.6 to 8 are the grand children of the deceased. Husband of claimant No.2 and father of claimant Nos.3 and 4, one Bhaskar, is the son of the deceased, as he died, claimant Nos.2 to 4 are the dependents of the deceased, claimant No.5 is the daughter-in-law and claimant Nos.6 to 8 are the children of one T. Gangadharam, son of the deceased. Contending that all the claimants are dependents on deceased and her legal heirs, they claimed a compensation of Rs.2,50,000/- .

4. For the sake of convience, the parties will be hereinafter referred to as “the claimants” and “the respondents” as and how they are arrayed before the learned MACT.

Case of the claimants:

5. Deceased was aged 55 years, selling milk, attending agricultural work and she was earning Rs.3,000/- per month. On the fateful day i.e.12.09.2002 at about 06:15 p.m., she boarded A.P.S.R.T.C. bus bearing No.AP 09 Z 7964 to go to Ponnai to attend a function. When the bus was near M.M.N. Nursery Garden on Chittoor-Puttur Road, the offending vehicle came in the opposite direction in a rash and negligent manner and dashed the A.P.S.R.T.C. bus, causing accident, which resulted in serious injuries to the deceased. She was shifted to Government Head Quarters hospital, Chittoor, where she was treated as an inpatient for three days. Thereafter, she was admitted in Bindu Nursing Home, Chittoor as an inpatient. Again, she was admitted as an inpatient for four or five days in Government Head Quarters Hospital, Chittoor and she died on

31.01.2003.

6. A case in Crime No.111 of 2002 was registered, which was ultimately ended in conviction vide C.C.No.58 of 2003. On admission of guilt, the driver of the offending vehicle as convicted under Section 252 Cr.P.C and sentenced to pay a fine of Rs.1,000/- (IDSI) for two months for the offence under Section 338 IPC, to pay a fine of Rs.500/- (IDSI) for one month for the offence under Section 337 IPC and also to pay a fine of Rs.1,000/- (IDSI) for one month for the offence under Section 279 IPC.

7. Respondent No.1, being the owner and respondent No.2, being the insurer of the offending vehicle, are liable to pay the compensation. Though there is no negligence on the part of the driver of the A.P.S.R.T.C., respondent Nos.3 and 4 are also liable as the accident occurred due to collision.

Case of respondents:

8. Respondent No.1 remained ex parte before the learned MACT.

Case of respondent No.2:

9. There was no negligence on the part of the driving of the driver of the offending vehicle. The driver of the bus did not follow the traffic rules. Age, occupation, income of the deceased shall be proved. Further, the driving licence particulars of the driver of the offending vehicle and the insurance details shall be properly shown. The death of the deceased due to the accident and dependency of the claimants have no basis. The medical expenditure incurred for the treatment of the deceased shall be proved.

Case of respo

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2026 Supreme(AP) 979

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATIA. HARI HARANADHA SARMA, J.T. Krishnamma & Others W/o M.Subramanyam Cultivation - AppellantVs.A Srinivasulu Others S/o A. Krishnaiah - RespondentMotor Accident Civil Miscellaneous Appeal No. 69 of 2012Decided On : 10-04-2026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A. HARI HARANADHA SARMA, J.
T. Krishnamma & Others W/o M.Subramanyam Cultivation - Appellant
Vs.
A Srinivasulu Others S/o A. Krishnaiah - Respondent
Motor Accident Civil Miscellaneous Appeal No. 69 of 2012
Decided On : 10-04-2026