APHC010242732023 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: 312/2023 Between:

1. THE ORIENTAL INSURANCE CO. LTD, REP. BY ITS DIVISIONAL MANAGER, GUNTUR, POLICY NO.463400/31/2013/4308 VALID FROM.13-2-2013 TO 12-02-2014.

...APPELLANT AND

1. GODESI BALA CHENNAIAH, S/O.LINGAIAH, AGED 45 YEARS, OCCUPATION .AGRICULTURAL COOLIE, CHALLAVARIPALEM VILLAGE, GUNTUR RURAL MANDAL, GUNTUR DISTRICT.

2. VAKA VEERAIAH, S/O.MUNIAH, PLOT NO.74, T.S.R.COMPLEX, 1ST CROSS 2ND ROAD, AUTO NAGAR, VIJAYWADA, KRISHNA DT..

3. G RAMA RAJU, S/O.CHINA BADRAIAH, 3-164, BOMMILINGAM, ARDHAVEEDU, PRAKASAM DISTRICT. (OWNER OF THE CRIME VEHICLE MINI LORRY AP 21 TT 1041, GOODS CARRIAGE LMV LFT

407 AS PER THE MVI REPORT)

4. SHRIRAM GENERAL INSURANCE CO LTD, E/8,EPIP RIICO, INDUSTRAIL AREA, SITAPURA, JAIPUR, RAJASTAN-302 022 POLICY NO.10003/31/13/0555024 ...RESPONDENT(S):

Counsel for the Appellant:

1. GUDI SRINIVASU Counsel for the Respondent(S):

1. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL)

2.

The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 312/2023

J U D G M E N T:

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

has been preferred by the Appellant/2^nd Respondent i.e., the Oriental Insurance Company Limited, represented by its Divisional Manager, Guntur, being aggrieved by an Order/award and Decree dated 29.11.2022 in M.V.O.P.No.272 of 2015 passed by the Chairman, Motor Accidents Claims Tribunal (for short MACT) –cum- IV Additional District Judge, Guntur.

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 Respondent No.2; Respondent No.1 herein as Claimant, Respondents No.2 to 4 herein as Respondents No.1, 3 and 4.

2. The Petitioner - Claimant filed M.V.O.P.No.272 of 2015 under section 163-A of the Motor Vehicles Act and Rules 455 & 476 of the A.P Motor Vehicles Rules, claiming Compensation of Rs.6,00,000/- together with interest at 12% p.a from the date of accident till the date of realization along with costs, from Respondents No.1 to 4 for the injuries sustained by the Petitioner in a motor vehicle accident that took place on 21.02.2013.

3. Brief averments of the claim petition in MVOP No.272 of 2015 are that: the petitioner is an agricultural coolie and used to earn Rs.300/- per day as on the date of the accident. The petitioner is restricting his income to Rs.40,000/-

as he filed the petition under Section 163-A of M.V Act.

i. On 21.02.2013 at about 9.00 A.M., a lorry bearing No.AP16 TU 0499 (hereinafter referred as „offending vehicle‟) was unnecessarily parked on the side of the road keeping the same most of the portion of the lorry on the middle of the tar road near Petlurivaripalem Village, Narasaraopet to Vinukonda Road, Narasaraopet Mandal, Guntur District, negligently, even without taking minimum precautionary methods like pasting of radium and without danger or signal lights on either side of the lorry that was in a dangerous position and by the same time, when the petitioner and others reached in a mini lorry bearing Regn. No.AP21 TT 1041 (hereinafter referred as „vehicle of the petitioner‟) near the above said place, its driver could not observe the above stationed offending vehicle and hit it, as a result of which, the petitioner and others sustained severe injuries. The petitioner sustained - 1) Compound comminuted Fracture of both bones of right leg; 2) Compound comminuted Fracture of both bones of left leg; 3) Fracture left humrus proximal; and 4) Fracture of facial bones (Facio Maxillary injuries).

ii. The accident caused only due to negligent act of the driver of the offending vehicle, which was stationed in a dangerous position. After the accident, the matter was reported to th