Date of reserved for Judgment :12.12.2025 Date of Pronouncement :13.03.2026 Date of uploading :14.03.2026 APHC010593752012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3520]

(Special Original Jurisdiction)

FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 858/2012 Between:

1. G ANJI DEMULLU NAIDU, S/O LATE RAMUNAIDU R/O RAVIKAMATHAM VILLAGE AND MANDAL, VISAKHAPATNAM.

...APPELLANT AND

1. M L SRINIVASA RAO AND 2 OTHERS, S/O RAJA RAO DRIVER OF THE LORRY NO. AP 16 T 3988 R/O 17/319, VALANDAPALEM, MACHILIPATNAM, 2. S NAGESWARA RAO, S/O KRISHNAYYA R/O 14-1, NAVATA ROAD TRANSPORT ROAD, OLD CHECK POST JUNCTION, BANDAR ROAD, 3. N ATIONAL INSURANCE COMPANY LIMITED, REP.BY ITS DIVISIONAL MANAGER, INSURER OF THE LORRY NO. AP 16 T 3988 DWARAKANAGAR, VISAKHAPATNAM.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased to Counsel for the Appellant:

1. G RAMA GOPAL Counsel for the Respondent(S):

1.

2. V VEERABHADRA CHARY The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.858 of 2012

JUDGMENT

Introductory:

1. This appeal is directed against the Judgment and decree dated 28.12.2011 passed in M.O.P. No.1332 of 2005 by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Visakhapatnam (for short “the learned MACT”). The claimant before the learned MACT is the appellant herein.

2. Feeling aggrieved and dissatisfied with the quantum of compensation of Rs.20,000/- awarded as against the claim made for Rs.3,00,000/-, the present appeal is filed.

3. Respondent Nos.1 and 2 herein are the driver and owner of the lorry bearing registration No. AP 16 T 3988 (hereinafter referred to as “the offending vehicle”), and Respondent No.3 is the insurer of the offending vehicle.

4. For the sake of convenience, the parties will be referred to as the claimant and the respondents as and how they are arrayed before the learned MACT.

Case of the claimant/ appellant:

5(i). On 26.07.2005 at about 06:00 a.m., the claimant/appellant was going to Gantikorlam from Ravikamatham on his motorcycle with milk cans to purchase milk. When he reached near Gurrayya Kotta Bridge, the offending vehicle, driven by its driver, came in a rash and negligent manner and dashed the claimant’s motorcycle from the back side. As a result, the claimant sustained grievous injuries all over the body, fractures on ribs, left ankle, right shoulder, right thigh, and head injury. He was immediately taken to K.G. Hospital, Visakhapatnam for treatment and was admitted as an in-patient and took treatment from 26.07.2005 to 02.09.2006. He has also undergone four operations in the said hospital.

(ii) As on the date of accident, the claimant was engaged in milk business and agricultural activities and was earning about Rs.10,000/- per month.

(iii). The accident occurred solely due to the rash and negligent driving of the offending vehicle by its driver. A case in Crime No.25 of 2005 was registered against respondent No.1driver by the Ravikamatham Police.

6. Respondent Nos.1 and 2, the driver and the owner of the offending vehicle, remained ex parte before the learned MACT.

Case of respondent No.3 / Insurance Company:

7(i). Age, occupation and income of the claimant and the nature and effect of injuries, cost of treatment etc. shall be strictly proved.

(ii). The driver of the motor cycle had no valid driving licence, and the accident might have occurred due to the petitioner’s negligence.

(iii). It is also the case of the respondent Insurance Company that since the claimant was negligent, he is not entitled to compensation and respondent No.3 /

Insurance Company is not liable.

8. On the strength of pleadings, the following issues were settled for trial by the learned MACT:

(i). Whether the accident occurred due to the rash and negligent driving of the lorry bearing No.AP 16 T 3988?

(ii). Whether the petitio