APHC010210632023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 217/2023 Between:

1. T HE GENERAL MANAGER, APSRTC, AMARAVATHI, VIJAYAWADA, ANDH-A PRADESH. PRESENTLY VICE CHAIRMAN AND MANAGING DIRECTOR, RTC HOUSE, PNBS COMPLEX, VIJAYAWADA. ...APPELLANT AND

1. S CHANDRASEKAR T CHANDRASEKAR, S/O T. SIVAIAH, AGED ABOUT 25 YEARS, HINDU, NOW DEPENDENT, RESIDING AT D.NO. 32-1, NETHAJI NAGAR, BANGARUPALEM VILLAGE, POST AND MANDAL, CHITTOOR DISTRICT.

2. M GOVINDAPPA, , S/O M. VASARAYAPPA, AGED ABOUT 42 YEARS, HINDU, DRIVER OF APSRTC BUS BARING NO. AP-03-Z- 5087, GOLLACHEEMARAPALLI POST, BAIREDDIPALLI MANADAL, CHITTOOR DISTRICT ...RESPONDENT(S):

Appeal filed under Order 41 of CPC before the High Courtpleased to allow the appeal by setting aside the Judgment and decree passed by the order and decree dated 30/04/2021 passed in MVOP No. 96 of 2017 On the file of the Principal Motor Accidents Climes Tribunal, Chittoor to pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 299 days in filing the appeal against M.V.O.P No. 96 of 2017, dated 30/04/2021 on the file of Motor Accidents Claims Tribunal Principal District Judge, Chittoor and to pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of operat on of Decree and Award dated 30/04/2021 passed in M.V.O.P No. 96 of 2017 on the file of Motor Accidents Claims Tribunal Principal District Judge, Chittoor and pass Counsel for the Appellant:

1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

Counsel for the Respondent(S):

1. K SRINIVAS The Court made the following:

J U D G M E N T:

The appeal is filed by the appellant/APSRTC, challenging the order and decree dated 30.04.2021 passed in M.V.O.P.No.96 of 2017 by the learned Chairman, Principal Motor Accidents Claims’ Tribunal, Chittoor, wherein the Tribunal awarded compensation of Rs.9,27,600/- (Rupees Nine Lakhs Twenty Seven Thousand Six Hundred only) to the petitioner/respondent No.1 herein, as against the claim of Rs.10,00,000/-, for the injuries sustained by him in a motor accident that occurred on 25.10.2015.

02. For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.

03. The case of the petitioner, in brief, is as follows:

a) On 25.10.2015, while the petitioner/injured was proceeding on a motorcycle bearing No.AP03-BE-4481 from his house to M.V. Giri Bus Stop to collect labour charges, the 1^st respondent, while driving the APSRTC bus bearing No.AP03-Z-5087 in a rash and negligent manner and attempting to overtake a lorry, dashed against the petitioner’s motorcycle, resulting in grievous injuries to his right leg and other parts of the body. Immediately after the accident, one M.Manjunath of Thagguvaripalli shifted the petitioner to Government Hospital, Bangarupalem, and thereafter, for better treatment, he was shifted to SVRR Hospital, Tirupati. On the basis of a complaint lodged by the petitioner’s father, Bangarupalem Police registered a case in Crime No.139 of 2015 against the 1^st respondent and, after investigation, filed a charge sheet for the offence punishable under Section 338 IPC in C.C.No.591 of 2015 on the file of the III Additional Judicial Magistrate of First Class, Chittoor.

b) It was contended by the petitioner that, at the time of the accident, the petitioner was aged about 25 years and was working as a painter, earning Rs.400/- per day. Due to the accident, his right leg was amputated, rendering him incapable of continuing his avocation as a painter, which requires prolonged standing. It is also contended that h