APHC010545212022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 414/2022 Between:

1. T HE APSRTC, REP BY ITS MANAGING DIRECTOR, MUSHEERABAD, HYDERABAD. ...APPELLANT AND

1. K ATRAGADDA AVINASH BABU, S/o Sreeramamurthy, Hindu, Aged about 23 years, Studying 2nd year MBA, R/o Podalakur Road, Nellore City, Native of D.No.40-6-5/4-14, 3rd line, ThoorpuKammapalem, Ongole, Prakasam District, Andhra Pradesh.

...RESPONDENT Counsel for the Appellant:

1. N SRIHARI ( SC FOR APSRTC )

Counsel for the Respondent:

1.

The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 414/2022

JUDGMENT:

1. This Motor Accident Civil Miscellaneous Appeal (for short MACMA)

has been preferred by the Appellant/Respondent – Andhra Pradesh State Road Transport Corporation (for short APSRTC), represented by its Managing Director, challenging the Order and Decree dated 25.05.2022 in M.V.O.P.No.287 of 2014passed by the Chairman, Motor Accidents Claims Tribunal (for short MACT) –cum- VII Additional District Judge, Gudur, SPSR Nellore District, by awarding Rs.5,00,000/- as compensation as against the claim of Rs.5,00,000/-.

For the sake of convenience and to avoid confusion, the parties hereinafter are referred to as they were arrayed before the Tribunal i.e., Appellant as Respondent and Respondent as Petitioner-Claimant.

2. The Petitioner being injured, filed claim petition under Section 166 of Motor Vehicles Act r/w Rule 455 of A.P.M.V. Rules, claiming compensation of Rs.5,00,000/- for the injuries sustained by the petitioner in a motor vehicle accident that occurred on 23.10.2013.

3. Brief averments of the claim petition in MVOP No.287 of 2014 are that:- On 22.10.2013 evening the petitioner boarded the APSRTC bus bearing No.AP-27-Z-0102 at Ongole, to go to Chennai, to join for Computer Proficiency Test (CPT) in English on provisional basis to be held on 23.10.2013 conducted by the Government of India, Department of Personnel and Training Staff Selection Commission (South Region). During early hours on 23.10.2013 at about 3.00 A.M., when the RTC bus crossed Venumbaka Crossroad, Doravari Satram Mandal, SPSR Nellore District, the driver drove the same in a rash and negligent manner, with high speed, lost control over the same and dashed the lorry bearing No.AP-26-Y-6696 which was stationed on the left side road margin due to puncture of the tyre. In the said accident, the petitioner, including the inmates of the APSRTC bus, sustained grievous injuries and fractures. Immediately, all the injured, including the petitioner, were shifted to the Government Hospital, Naidupet through a private Ambulance. After first-aid, on the same day, petitioner was shifted to Bollineni Super Specialty Hospital, Nellore, for better treatment and he took treatment as in-patient from 23.10.2013 to 31.10.2013.

i. During the course of treatment, petitioner underwent operation to his left leg and inserted rods. After discharge from the hospital, he took treatment as out- patient. Totally, he spent Rs.1,50,000/- towards medical expenses. The petitioner has been suffering lot due to fracture injuries and unable to attend normal duties. He is getting severe pain in the left leg if he walks to some distance. He cannot move his neck freely due to cut injury on the left side of the neck. He was completely bed-ridden and cannot move from the bed for a period of 3 months. He could not join in the Computer Proficiency Test (CPT) conducted by the Government of India. He also missed the combined Higher Secondary Level (10+2) examination, 2013 held on 10.11.2013 conducted by Staff Selection Commission, South Region. He also could not attend the interview for recruitment of Clerical staff conducted by Institute of Banking Personal Selection. He lost so many competitive exa