APHC010695022022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 552/2022 Between:

1. A NDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, HOLDING OFFICE AT X ROADS, MUSHEERABAD, HYDERABAD.

...APPELLANT AND

1. Y NARAYANA, S/O Y. GANGAIAH, HINDU AGED ABOUT 56 YEARS,DEPENDENT.

2. Y PADAMAVATI, W/O Y. NARAYANA HINDU, AGED ABOUT 48 YEARS, DEPENDENT.

3. Y RAVI SANKAR, S/O Y. NARAYANA HINDU, AGED ABOUT 30 YEARS, DEPENDENT.

4. Y JAYA SANKAR, S/O Y. NARAYANA HINDU, AGED ABOUT 25 YEARS, DEPENDENT.

(ALL ARE RESIDING AT D.NO 2-63, S.N. PURAM, TIRUPATI, CHITTOOR DISTRICT,PRESENTLY RESIDING AT DOOR NO. 2-181, S.N. PURAM JEEVAKONA, TIRUPATI, CHITTOOR DISTRICT).

5. N RAJEEV GANDHI NAIDU, S/O N. RAJAGOPAL NAIDU, HINDU, AGED ABOUT 38 YEARS, DRIVER, RESIDING AT DOOR NO. 3-48, VEMURU, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT. (5TH RESPONDENT IS HEREIN DRIVER OF APSRTC NOT NECESSARY PART).

...RESPONDENT(S):

Counsel for the Appellant:

1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

Counsel for the Respondent(S):

1. VMR LEGAL The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 552/2022

J U D G M E N T:

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

has been preferred by the appellant/ 2^nd Respondent – Andhra Pradesh Road Transport Corporation (for short APSRTC), represented by is Managing Director, being aggrieved by the Order and Decree dated 29.06.2022 in M.V.O.P.No.17 of 2020 passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- III Additional District Judge, Tirupati, awarding Rs.8,26,000/- to the petitioners towards compensation as against the claim of Rs.15,00,000/-.

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 herein as 2^ndRespondent and Respondents No.1 to 4 herein as petitioners, and Respondent No.5 herein as 1^st Respondent.

2. The claim petitioners being father, mother and brothers of the deceased – Himagiri, filed claim petition under section 166(1)(c) of the Motor Vehicles Act read with Rules 455 and 475 of A.P Motor Vehicle Rules, 1989 claiming compensation of Rs.15,00,000/- together with interest and costs, for the death of Y.Hemagiri in a motor vehicle accident.

3. The brief averments of the claim petition filed by the petitioners before the Tribunal are that - at the time of the accident the deceased – Himagiri was aged about 20 years, he was hale and healthy, working as an electrician and getting income of Rs.500/- per day and used to contribute the same to the family. i. On 06.11.2016 at about 8.40 p.m the deceased along with his friends was going on a Scooty Pep Plus bearing No.AP03-AF-7307.At that time, the first respondent being the driver of the APSRTC bus bearing No.AP-11-2-6701 came in a rash and negligent manner on Karakambadı-Tirupati road near Ramee Guest Line Days Hotel, Reddigunta and drove the bus in a rash and negligent manner and dashed against the Scooty Pep plus, as a result, the persons travelling on the Scooty Pep Plus totally three in number fell down on the road. Himagiri sustained severe bleeding injuries. The pillion riders P.Hemanth Kumar and T.Murugan have sustained grievous injuries. The said Himagiri died while shifting to SVIMS hospital, Tirupati for better treatment.

4. Brief averments of the counter filed by the 1^st respondent are that:

the manner of the accident as narrated in the petition is not true and correct. The accident occurred due to the utter negligence of the deceased and other two pillion riders. In addition to that, the deceased and pillion riders were in drunken condition and ridden the two wheeler in a rash and negligent manner. The claim of the petitioners is excessive, exorbita