APHC010724182022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2/2023 ALONG WITH MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 310/2022

1. MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2/2023 Between:

1. A PSRTC, REP. BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, BUS BHAVAN, VIJAYAWADA

2. A PSRTC,, REP. BY ITS REGIONAL MANAGER, RTC COMPLEX, ONGOLE, PRAKASAM DISTRICT.

...APPELLANT(S)

AND

1. G ADDAM VEERANJANEYULU, S/O CHINNAIAH, AGED 28 YEARS, CHENNAREDDIPALLI VILLAGE, NASARAHEBPALLI POST, TARLUPADU MANDAL, PRAKASAM DISTRICT.

2. J AYAMPU ANJANEYULU, S/O KOTESWARA RAO, AGED 52 YEARS, OCC RTC DRIVER, PEDAKANCHERLA VILLAGE, VINUKONDA MANDAL, ...RESPONDENT(S):

2. MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 310/2022 Between:

1. G ADDAM VEERANJANEYULU, S/O. CHINNAIAH, AGED 28 YEARS, CHENNAREDDIPALLI VILLAGE, NASARAHEBPALLI POST, TARLUPADU MANDAL, PRAKASAM DISTRICT.

...APPELLANT AND

1. A P STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, OWNER OF THE BUS AP 27 Z 0962, RTC BUS STAND COMPLEX, BUS BHAVAN, VIJAYAWADA, KRISHNA DISTRICT.

2. A P STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS REGIONAL MANAGER , REGIONAL OFFICE, RTC BUS STAND COMPLEX, ONGOLE, PRAKASAM DISTRICT

3. J AYAMPU ANJANEYULU, S/O KOTESWARA RAO, AGED 52 YEARS, KAMMA, DRIVER OF APSRTC BUS AP 27Z 0962, PEDA KANCHERLA VILLAGE, VINUKONDA MANDAL, GUNTUR DISTRICT, CARE OF DEPOT MANAGER, MARKAPUR DEPOT, MARKAPUR POST AND TOWN, PRAKASAM DISTRICT ...RESPONDENT(S):

Counsel for the Appellant(S):

1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

Counsel for the Respondent(S):

1. NUTHALAPATI KRISHNA MURTHY The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2/2023 ALONG WITH MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 310/2022

COMMON JUDGMENT:

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

No.2 of 2023 has been preferred by the Respondents No.1 and 2 i.e., Andhra Pradesh State Road Transport Corporation (for short APSRTC), represented by its Chairman, Bus Bhavan, Vijayada, Krishna District; and the A.P.S.R.T.C, represented by its Regional Manager, Regional Office at RTC Bus Stand Complex, Ongole, Prakasam District, challenging the Order and Decree dated 28.10.2021 in M.V.O.P.No.251 of 2018 passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- Principal District Judge, Prakasam District at Ongole, awarding compensation of Rs.14,09,582/- as against the claim of Rs.20,,00,000/-.

The MACMA No.310 of 2022 has been preferred by the appellant/injured seeking enhancement of compensation in all aspects in different heads in case of personal injury cases and marriage prospects of the appellant, being aggrieved by the same order For the sake of convenience and to avoid confusion, the parties hereinafter are referred to as they were arrayed before the Tribunal i.e., AppellantsMACMA No.2 of 2023 and Respondents No.1 and 2 in MACMA No.310 of 2022 as Respondents No.1 and 2, Respondent No.1 in MACMA No.2 of 2023 and appellant in MACMA No.310 of 2022as Petitioner and Respondent No.2 in MACMA No.2 of 2023 and Respondent No.3 in MACMA No.310 of 2022 as Respondent No.3

2. The petitioner being injured (hereinafter referred to as the „injured‟)

filed MVOP No.251 of 2018 under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.20,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 29.01.2018.

3. The brief averments of the petition in MVOP No.251 of 2018 are that - the petitioner as working as a coolie in the fields of one Pardhasaradhi of Guntur and his father – Bapaiah stayed in the fields and Petitioner used to provide milk and tiffin to the said Bapaiah.

i. While so, on 29.01.2018 at about 06.00 a.m., as usual, the petitioner went to the