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2026:APHC:15624

APHC010124262006

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3311]

(Special Original Jurisdiction)

Friday, the twenty seventh day of February two thousand and twenty six

Present

The Honourable Ms. Justice B. S. Bhanumathi

Motor Accident Civil Miscellaneous Appeal No: 710 of 2006

Between:

Shaik Roshan Zameer ...Appellant

and

K. Ramanjaneyulu and others ...Respondents

Counsel for the appellant:

1. J. Seshagiri Rao

Counsel for the respondents:

1. K. Subrahmanyam

.

The Court made the following:

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BS2B0, 2J6 :APHC:15624

M.A.C.M.A.No.710 of 2006

JUDGMENT

This appeal is filed under Section 173 of the Motor Vehicles Act,

1988 against the award and the decree, dated 18.11.2005, in

M.V.O.P.No.377 of 2004 before the Chairman, Motor Accidents Claims

Tribunal-cum-III Additional District Judge, Fast Track Court, Kadapa.

2. The appellant is the claimant and the respondents are the

respondents before the Tribunal.

3. The case of the claimant, briefly stated, is as follows:

On 26.11.2003, the claimant and his friend, Shaik Sikinder, were

going on a TVS Victor moped on Kadapa – Rayachoty main road. Near

Mulavanka bridge, the driver of auto bearing No.AP22 T 9144 of the

respondent No.1 drove it in a rash and negligent manner and hit the

motor cycle. As a result, the claimant and his friend fell down and

sustained multiple injuries. The claimant was taken to the Government

Hospital, Kadapa, and was treated there for one week as an inpatient.

He was later shifted to another hospital for better treatment. He

underwent an operation to his right leg. Steel rod and screws were

fixed. He was bed ridden for six months. He incurred expenses of

more than Rs.1,00,000/- for treatment etc. He was working as

salesman in a cloth shop and was earning Rs.4,000/- per month. Due

to the injuries suffered in the accident, he became disabled and unable

to attend any work. He lost his job and earnings. So, he is claiming

Rs.3,00,000/- as compensation.

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M.A.C.M.A.No.710 of 2006

4. The respondent No.1 remained ex parte.

5. The respondent No.2 filed written statement opposing the claim

denying the averments in the petition and further stating that the amount

of compensation claimed is excessive.

6. On behalf of the claimant, the claimant himself was examined as

P.W.1 and exhibits A1 to A10 were marked. The claimant also got

examined Shaik Fakruddin of Kadapa as P.W.2 and Dr. G.Venkata

Subbaiah as P.W.3. Ex.A1 is the certified copy of F.I.R. in Crime

No.122 of 2003 of C.K. Dinne P.S., Ex.A2 is the certified copy of wound

certificate; Ex.A3 is the certified copy of charge sheet; Ex.A4 is the

photostat copy of out-patient ticket; Ex.A5 is the case sheet; Ex.A6 is

the hospital expenditure statement; Ex.A7 is the out-patient slips

(numbering two); Ex.A8 is the disability certificate; Ex.A9 is the salary

certificate; and Ex.A10 is scanning report along with bill.

7. On behalf of the respondent No.2, neither oral nor documentary

evidence was produced.

8. After considering the evidence of both the parties, the Tribunal

held that the accident in question was caused due to the rash and

negligent driving of the driver of the auto.

9. As against the claim of Rs.5,000/- towards transportation

charges, the Tribunal awarded Rs.3,000/- and as against the claim of

Rs.1,00,000/- towards medical expenses and extra nourishment, the

Tribunal granted Rs.15,000/-. Similarly, as against the claim of

Rs.25,000/- towards pain and suffering, the Tribunal granted

Rs.10,000/-. In addition thereto, the Tribunal awarded Rs.22,000/-

towards loss of earnings and partial disability as a lumpsum amount.

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M.A.C.M.A.No.710 of 2006

For loss of income during the period of his treatment, the Tribunal was

of the opinion that there was no permanent physical disability resulting

in future loss of income. Thus, in all, an amount of Rs.50,000/- was

granted as compensation payable together with proportionate costs and

interest at the rate of 7.5% per annum on the principal amount of

c