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MACMA NO. 302202 O6:FA 2P0H2C2 :18908

VS,J.

APHC010415562022

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE THIRD DAY OF MARCH

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 302/2022

Between:

1. A MMALADINNE SAINATH REDDY, AGED 38 YRS S/O MADHAVA

REDDY, R/O BASAMVARIPALLI VILLAGE NALLAMADA MANDAL,

ANANTAPURAMU DISTRICT

...APPELLANT

AND

1. G OILA SIVA, AGED 38 YRS, S/O GOLLA PUJARI RAMNJINEYULU R/O

D.NO.1-30, NUTHIMADUGU VILLAGE, KAMBADUR MANDAL,

ANANTAPURAMU DISTRICT (DRIVER OF CARE BEARING NO. AP 21

AH 3063)

2. P DHANUJAYA, S/O P.HANUMANTHAPPA R/O MUNDINAYANAPLLI

VILLAGE, KALYANDURG MANDAL ANANTAPURAMU DISTRICT

(OWNER OF CAR BEARING NO. AP@AH3063)

3. T HE NEW INDIA ASSURANCE CO LTD, REP BY ITS DIVISIONAL

MANAGER ANANTAPURAMU (INSURER OF CAR BEARING NO.

AP@AH3063)

...RESPONDENT(S):

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MACMA NO. 302202 O6:FA 2P0H2C2 :18908

VS,J.

Counsel for the Appellant:

1. HARISH KUMAR RASINENI

Counsel for the Respondent(S):

1. B PARAMESEWARA RAO

2.

The Court made the following:

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MACMA NO. 302202 O6:FA 2P0H2C2 :18908

VS,J.

THE HONOURABLE SMT JUSTICE V.SUJATHA

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 302/2022

J U D G M E N T:

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

has been preferred by the claimant/Petitioner seeking enhancement of

compensation amount being aggrieved by the Award passed by the Chairman,

Motor Accident Claims Tribunal (for short MACT) –cum- District Judge,

Anantapur, in M.V.O.P.No.291 of 2016 dated 28.03.2022, wherein the Tribunal

has awarded an amount of Rs.9,46,631/- as against the claim of Rs.12,00,000/-.

For the sake of convenience and to avoid confusion, the parties herein

after are referred to as they were arrayed before the Tribunal i.e., Appellant as

claimant/Petitioner; and Respondents as Respondents.

2. This petition is filed by the petitioner under section 166 of Motor

Vehicles Act and Rule 455 of A.P. Motor Vehicle Rules, initially, claiming

compensation of Rs.12,00,000/- for the injuries sustained by him in a motor

vehicle accident, later he got enhanced his claim from Rs.12,00,000/- to

Rs.18,00,000/- as per orders in I.A.No.1200 of 2019 dated 07.11.2019 on the

ground that he sustained 55% of disability due to the injuries sustained in the

accident.

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MACMA NO. 302202 O6:FA 2P0H2C2 :18908

VS,J.

3. Brief averments of the claim petition in MVOP No.291 of 2016 are

that – on 22.09.2015 the petitioner and another were proceeding on a motor

cycle bearing No.AP21 AA 8740 from Ammavaripalli to Kalyanadurg very slowly

on extreme left side of the road. When they reached Puttakanuma Forest at

about 4.00 P.M., a car bearing No.AP 21 AH 3063 came in opposite direction

driven by its driver in a rash and negligent manner, with high speed, lost control

over the same and dished against the motorcycle on which the petitioner and

another were proceeding. As a result, the petitioner sustained facture of right

thigh, fracture of right knee, grievous injury to right arm, grievous injury to right

elbow, grievous injury to right forearm and other parts of the body. The right

patella was completely broken and the petitioner is now totally confined to bed.

i. Immediately after the accident, the petitioner underwent treatment in

Government General Hospital, Ananthapuramu, St. John's Medical College

Hospital, Bangalore and other private hospitals at various places. The petitioner

underwent operation to his right hand and leg in three places and steel plates

and screws were inserted to his leg and hand. The petitioner spent more than

Rs.4,00,000/- towards transportation, medical, attendant and extra nourishment.

The petitioner took treatment as inpatient for a period of more than three (03)

months. Till the date of filing of the petition, he is taking treatment as out-patient.

The petitioner requires future treatment for his leg and hand. The Doctors

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MACMA NO. 302202 O6:FA 2P0H2C2 :18908

VS,J.

expressed that even

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