APHC010093082022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 97/2022 Between:

1. K AMMILI RAMBABU, S/O SUBRAMANYAM, AGED 25 YEARS, R/OD.NO.8-174, SRIRANGAPATNAM VILLAGE, KORUKONDA MANDAL, EAST GODAVARI DISTRICT.

...APPELLANT AND

1. K ARAM BULLI DORA, S/O GANGARAJU DORA, AGED 42 YEARS, DRIVER OF A.P.S.R.T.C. BUS BEARING NO.AP 07 Z 0166, R/O D.NO.1-60, BANDAPALLI THADIVADA, RAMPACHODAVARAM, EAST GODAVARI DISTRICT-533 288.

2. T HE A P S R T C, REPRESENTED BY MANAGING DIRECTOR, NTR RTC COMPLEX, VIJAYAWADA, KRISHNA DISTRICT.

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toThe above named Appellants begs to present this Memorandum of Motor Accidents Civil Miscellaneous Appeal before this Hon'ble Court against the Order and Decree dated 23-12-2021 in M.V.O.P.No.552 of 2018 on the Motor Accidents Claims Tribunal-cum-VIII Additional District and Sessions Judge, at Rajamahendravaram, East Godavari District Counsel for the Appellant:

1. HARINATH REDDY SOMA Counsel for the Respondent(S):

1. K SRINIVASA PRASAD SC For APSRTC The Court made the following:

JUDGMENT:

The present civil miscellaneous appeal is filed by the claimant, aggrieved by the order and decree dated 23.12.2021 passed in M.V.O.P.No.552 of 2018 on the file of the Motor Accidents Claims Tribunal- cum-VIII Additional District & Sessions Judge’s Court, Rajamahendravaram, East Godavari District, wherein the Tribunal partly allowed the said claim petition, awarding compensation of Rs.21,32,240/- to the petitioner/claimant, as against the claim of Rs.25,40,000/-, for the injuries sustained by him in a motor accident that occurred on 04.10.2018.

02. For the sake of convenience, the parties are referred to as they were arrayed before the Tribunal.

03. The case of the petitioner, in brief, is as follows:

a) The Petitioner is a resident of D.No.8-174, Srirangapatnam village, Korukonda Mandal, and works as a mason earning Rs.15,000/- per month. On 04.10.2018 at about 7:30 p.m., while travelling in auto bearing No.AP 05 TN 0913 near Kapavaram Village, and when it reached near Teluvari Kurudu on the outskirts of Kapavaram Village, Korukonda Mandal, the APSRTC bus No.AP 07 Z 0166, coming from Gokavaram side towards Rajahmundry and driven by respondent No.1 in a rash and negligent manner at high speed, dashed the auto coming from the opposite direction. As a result, the petitioner, who was travelling as a passenger, sustained severe injuries and was immediately shifted to GGH, Rajahmundry. In the same accident, the auto driver Kondeti Raju and another passenger, Domada Annapurna sustained grievous injuries and succumbed to the same.

b) Immediately after the accident, the petitioner was admitted at the Government Headquarters Hospital, Rajamahendravaram and thereafter shifted to GSL General Hospital, Rajahmundry, where he underwent treatment as an inpatient from 04.10.2018 to 22.10.2018. He sustained injuries. i.e, 1) Compressed Fracture of D.12 Vertebrae, 2) Fracture of right great toe, 3) Injury over left ear, 4) Injury over right foot, 5) Injury over right ankle and 6) Multiple injuries all over the body. He underwent surgery with fixation using screws at the D12 vertebrae, which require removal due to abnormal swelling, and continues to suffer permanent disability. The petitioner has already spent Rs.20,000/- on medical expenses and requires further surgeries and future medical expenditure.

c) It was contended by the petitioner that prior to the accident, the petitioner was a healthy mason, but he is now in a vegetative state and dependent on others for all activities. He lost sensation in both lower limbs and is deprived of normal pleasures of life, including conjugal relationship with his wife. He requires a bedside attendant on a monthly pay of Rs.5,0