APHC010608042023

The Court made the following:

JUDGMENT:

1. This Motor Accident Claims Miscellaneous Appeal (for short MACMA) has been preferred by the Appellant/2nd Respondent –Andhra Pradesh State Road Transport Corporation (for short APSRTC), represented by its Vice Chairman and Managing Director, Regional Manager, APSRTC Bus Complex, Kakinada, East Godavari District, challenging the Order/Award and Decree passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- VII Additional District Judge, East Godavari at Peddapuram in M.V.O.P.No.53 of 2015 dated 29.08.2023 awarding an amount of Rs.19,59,000/- as compensation as against the claim of Rs.30,00,000/-.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 herein as 2nd respondent, Respondent No.1 herein as Petitioner/claimant, Respondent No.2 herein as Respondent No.1.

2. The Petitioner being injured filed claim petition in M.V.O.P.No.53 of 2015 under section 166 of the Motor Vehicles Act claiming compensation of Rs.30,00,000/- together with interest and costs for the injuries sustained by her in a motor vehicle accident.

3. Brief averments of the claim petition in MVOP No.53 of 2015 are that: the petitioner is permanent resident of Kakinada. On 22.03.2014 while the petitioners along with deceased Late. Salagrama Venkata Ramana Subrahmanya Satyanarayana Murthy and Late. Salagrama Sri Chakra Vishnavi proceeding from Rajahmundry to Kakinada, after attending their relatives marriage function, on their TATA motor car Indigo CS bearing No.AP 05 BL 6996 with caution and when they reached near Venkannapeta village at Rangampeta Mandal on the ADB road, suddenly 1st respondent proceeding from Kakinada towards Rajahmundry drove the APSRTC bus on the ADB road in a rash and negligent manner at high speed and dashed the vehicle bearing No.AP 05 BL 6996, due to which, the petitioners travelling in the vehicle sustained severe damage and due to the hit went out the ADB road and the said accident was occurred only due to rash and negligent driving of the 1st respondent. In the said accident deceased Late. Salagrama Venkata Ramana Subrahmanya Satyanarayana Murthy who is husband of 1st petitioner and father of 2nd petitioner died on the spot and Late. Salagrama Sri Chakra Vishnavi and petitioners received grievous injuries. Nearby persons took them to the Government General Hospital, Rajahmundry, through 108 Ambulance and when petitioners and Late. Sri Chakra Vishnavi reached Government General Hospital, Rajahmundry, due to severity in injuries, Doctors advised to go to Government General Hospital, Kakinada or any super specialty hospital for better treatment and that the petitioner and Late. Salagrama Sri Chakra Vishnavi admitted at Apex Hospital, Rajahmundry. While undergoing treatment on 23.03.2014 at about 04.20 p.m., Late, Salagrama Sri Chakra Vishnavi expired at Apex Hospital, Rajahmundry, due to head injury causing viral organ damage which leads to cardio respiratory arrest.

i. The petitioner after undergoing treatment at Apex hospital, Rajahmundry as inpatient from 22.03.2014 to 02.04.2014 due to her severity discharged from the Apex hospital, Rajahmundry on 02.04.2014 and for further follow up treatment, petitioner was advised to go to Miot hospitals,. Chennai, for fixation of fracture right acetabulum i.e., Central dislocation of right hip further management and that the petitioner went to Miot hospitals Chennai and was admitted as inpatient on 03.04.2014 and was undergone treatment after making provisional diagnosis by the Head of the Department Dr.P.V.A.Mohandas and other doctors by name Dr.Ramaprasad, Dr.Brahmaraju, T.J., Dr.Rajavadivel, Dr.Muthukumar, Dr. Dinesh Kumar, Dr.Dilip Abdul Khadar, Dr.Sathya, Dr.Visakan Jagadeesan, Dr.Arun, Dr.Sridhar, Dr.Prashant Madan Mohan and Dr.Purohithi P, and undergone open reduction and internal fixation