APHC010628002022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 500/2022 Between:

1. A PSRTC, BY ITS V.C AND MANAGING DIRECTOR, APSRTC, RTC HOUSE, PANDIT NEHRU BUS STATION, VIJAYAWADA.

...APPELLANT AND

1. G ADIPINGI MURALI, S/O KRISHNA RAO @ KRISHNA, AGED ABOUT 47 YEARS, MASON, R/AT DOOR NO.1-120, SC STREET, LIVIRI VILLAGE, BHAMINI MANDAL, SRIKAKULAM DISTRICT

2. B ABULA NATH, S/O LATE PITAMBARANATH, AGED ABOUT 47 YEARS, DRIVER OF APSRTC BUS BEARING NO. AP30-Z-0062, PALASA, DEPOT, SRIKAKULAM DISTRICT, R/AT PUTTURU VILLAGE, MANDASA MANDAL, SIKAKULAM DISTRICT ...RESPONDENT(S):

Counsel for the Appellant:

1. K SRINIVASA PRASAD SC For APSRTC Counsel for the Respondent(S):

1. GORIPARTHI GOPINADH YADAV The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 500/2022

JUDGMENT:

1. The Andhra Pradesh State Road Transport Corporation (for short APSRTC) preferred the present Motor Accident Claims Miscellaneous Appeal (for short MACMA) challenging the Order/Award and Decree passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- I Additional District Judge, Srikakulam in M.V.O.P.No.55 of 2020 dated 17.08.2022, wherein the Tribunal has awarded an amount of Rs.13,80,190/- as against the claim of Rs.20,00,000/-.

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^nd respondent, 1^st respondent herein as petitioner and 2^nd respondent herein as

2^nd respondent.

2. The Petitioner being injured filed claim petition in M.V.O.P.No.55 of

2020 under section 153A & 166 of M.V Act, 1988 and Rule 455 of A.P Motor Vehicles Rules, 1989 claiming compensation of Rs.20,00,000/- together with interest and costs for the injuries sustained by him in an accident.

3. Brief averments of the claim petition in MVOP No.55 of 2020 are that: the petitioner was hale and healthy, aged 45 years, doing mason work and used to earn not less than Rs.15,000/- per month.

i. While so, on 25.05.2019, the petitioner was taking his daughter - Gowri to Narasannapeta Residential School for admission into Intermediate 1^st year and they reached RTC Complex at Tekkali at 10.00 a.m.,. Respondent No.1 who was driver of the RTC Bus bearing No.AP 30 Z 0062, while taking the bus on to the platform, drove the bus in a rash and negligent manner and dashed against the petitioner. Petitioner sustained grievous injuries to his left foot and left knee and other parts of the body, admitted in Area Hospital, Tekkali. The Station House Officer, Tekkali Police Station, registered a case in crime No.123/2019 for the offence punishable under section 338 of IPC against respondent No.1, after investigation, charge sheet was filed against respondent No.1.

ii. In view of fracture of both bones of left leg, petitioner was shifted to KIMS Sai Seshadri Hospital, Srikakulam. He underwent surgery on 25.05.2019 and then referred him to Apollo Hospital, Visakhapatnam on 26.05.2019, there also he underwent operation on 26.05.2019 and 28.05.2019 and after a prolonged treatment he was discharged on 10.06.2019. He spent Rs.1,00,000/- for the surgeries. In the surgery steel rods were inserted in his left leg and for removal of the said steel rods, he has to incur Rs.1,00,000/- again. He was advised to take rest for six (06) months. He spent Rs.8,00,000/- for his treatment. He availed male assistance by paying Rs.1,00,000/-. 1^st respondent caused this accident in the course of his employment under 2^nd respondent and hence respondents No.1 and 2 are jointly and severally liable to pay compensation.

4. Respondent No.1 remained ex-parte

5. Respondent No.2 filed written statement, stating that the 1^st respondent is an expert driver with valid driving license and when respond