Apsrtc v. Penkay Ramu
Case brief
What is this about?
MACMA 174/2020, High Court of Andhra Pradesh at Amaravati, Justice T.C.D. Sekhar, decided 06.03.2026. APSRTC appeal against MACT-cum-III Addl District Judge, Kakinada award dated 16.08.2018 in MVOP No.98/2015 (Rs.4,89,000/- for death of Kalla Durga, accident 09.10.2012, bus AP28Z907, FIR Cr.No.309/2012 u/Ss 304-A & 337 IPC). Issues: rash and negligent driving of RTC bus driver; adequacy of quantum (income fixed Rs.4,500 p.m. against claimed Rs.6,000 p.m.). Held: FIR (Ex.A1) and charge sheet (Ex.A3) plus unshaken PW.1 eye-witness testimony prove negligence; respondents adduced no evidence; award not excessive. Appeal dismissed, no costs, pending applications closed. Statutes: S.166 Motor Vehicles Act; Order 41 & S.151 CPC. Keywords: motor accident claim, rash and negligent driving, eye-witness, FIR, charge sheet, compensation quantum, APSRTC, Kakinada Tribunal.
What did the court decide?
The appellant's contention of no negligence and non-involvement of the bus was rejected: the copies of the FIR and charge sheet (Exs.A1 and A3) show that the accident occurred due to rash and negligent driving of the 1st respondent/driver of the RTC bus.