The Apsrtc Vs Katragadda Avinash Babu

KATRAGADDA AVINASH BABU, S/o Sreeramamurthy, Hindu, Aged about 23 years, Studying 2nd year MBA, R/o Podalakur Road, Nellore City, Native of D.No.40-6-5/4-14, 3rd line, ThoorpuKammapalem, Ongole, Prakasam District, Andhra Pradesh.

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...RESPONDENT

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Counsel for the Appellant:

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1.N SRIHARI ( SC FOR APSRTC )

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Counsel for the Respondent:

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The Court made the following:

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MACMA NO. 414 /2022 VS,J.

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 414/2022

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JUDGMENT:

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

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has been preferred by the Appellant/Respondent – Andhra Pradesh State Road Transport Corporation (for short APSRTC), represented by its Managing Director, challenging the Order and Decree dated 25.05.2022 in M.V.O.P.No.287 of 2014passed by the Chairman, Motor Accidents Claims Tribunal (for short MACT) –cum- VII Additional District Judge, Gudur, SPSR Nellore District, by awarding Rs.5,00,000/- as compensation as against the claim of Rs.5,00,000/-.

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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 as Respondent and Respondent as Petitioner-Claimant.

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2. The Petitioner being injured, filed claim petition under Section 166 of Motor Vehicles Act r/w Rule 455 of A.P.M.V. Rules, claiming compensation of Rs.5,00,000/- for the injuries sustained by the petitioner in a motor vehicle accident that occurred on 23.10.2013.

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3. Brief averments of the claim petition in MVOP No.287 of 2014 are that:- On 22.10.2013 evening the petitioner boarded the APSRTC bus bearing No.AP-27-Z-0102 at Ongole, to go to Chennai, to join for Computer Proficiency Test (CPT) in English on provisional basis to be held on 23.10.2013 conducted

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MACMA NO. 414 /2022 VS,J.

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by the Government of India, Department of Personnel and Training Staff Selection Commission (South Region). During early hours on 23.10.2013 at about 3.00 A.M., when the RTC bus crossed Venumbaka Crossroad, Doravari Satram Mandal, SPSR Nellore District, the driver drove the same in a rash and negligent manner, with high speed, lost control over the same and dashed the lorry bearing No.AP-26-Y-6696 which was stationed on the left side road margin due to puncture of the tyre. In the said accident, the petitioner, including the inmates of the APSRTC bus, sustained grievous injuries and fractures. Immediately, all the injured, including the petitioner, were shifted to the Government Hospital, Naidupet through a private Ambulance. After first-aid, on the same day, petitioner was shifted to Bollineni Super Specialty Hospital, Nellore, for better treatment and he took treatment as in-patient from 23.10.2013 to 31.10.2013.

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i. During the course of treatment, petitioner underwent operation to his left leg and inserted rods. After discharge from the hospital, he took treatment as outpatient. Totally, he spent Rs.1,50,000/- towards medical expenses. The petitioner has been suffering lot due to fracture injuries and unable to attend normal duties. He is getting severe pain in the left leg if he walks to some distance. He cannot move his neck freely due to cut injury on the left side of the neck. He was completely bed-ridden and cannot move from the bed for a period of 3 months. He could not join in the Computer Proficiency Test (CPT) conducted by the

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MACMA NO. 414 /2022 VS,J.

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Government of India. He also missed the combined Higher Secondary Level (10+2) examination, 2013 held on 10.11.2013 conducted by Staff Selection Commission, South Region. He also could not attend the interview for recruitment of Clerical staff conducted by Institute of Banking Personal Selection. He lost so many competitive examinations, interviews and Job opportunities. He became permanently disabled due to the fracture injuries sustained in the accident.

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ii. The matter was reported to Station House Officer, D.V. Satram Police Station, SPSR Nellore District and the same was registered as a case in Crime No.118/2013 for the offence punishable under Sec.337 of the Indian penal Code against the driver of the APSRTC bus bearing No.AP-27-2-0102. The accident was occurred due to rash and negligent driving of the driver of the APSRTC bus bearing No.AP-27-Z-0102 during the course of his employment under the respondent corporation, to which respondent is owner. Hence, respondent is vicariously liable to pay compensation.

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4. Respondent filed counter affidavit by denying all the averments of the Petition, including the petitioner’s age, educational qualification and he boarded the APSRTC bus bearing Regn. No.AP-22-Z-0102 at Ongole in the evening hours on 22.10.2013. It is submitted that the accident was not happened due to rash and negligent driving of the APSRTC bus and it was happened only due to negligent acts of lorry driver. The driver of the APSRTC bus stated in the

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MACMA NO. 414 /2022 VS,J.

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statement given before the Accident Committee that on 22.10.2013 he operated bus to Chennai, at Doravari Satram he slow down the vehicle, due to rain and maintained 50 feet distance from the lorry and the lorry driver applied sudden brakes and on observing, he also applied brakes, but the bus tyres are skidding from the road due to rain water and hit the stable lorry which was parked on the left side. The road at the accident spot is in down position. Two passengers in the bus received injuries and the bus was damaged. The road, where the accident occurred, is 20 feet width. The accident was occurred only due to the act of God and lorry driver, but not due to the driver of the bus. It is denied that the petitioner received multiple injuries in the said accident and suffering lot, due to injuries the claimant could not attend competitive examination and other courses. The respondent is not liable for the accident occurred because the accident was happened due to the rash and negligent driving of the lorry driver. There are no merits in the petition. Hence, prayed to dismiss the petition.

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5. Basing on the above pleadings, the following Issues have been settled for trial by the Tribunal:-

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1. Whether due to rash and negligent act of driver of the bus bearing No.AP27-Z-0102 occurred accident and claimant received injuries?

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1. Whether the claimant/injured is entitled for compensation?

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1. To what relief?

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MACMA NO. 414 /2022 VS,J.

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6. The claimant himself got examined as P.W.1 and also got marked Ex.A.1 – attested copy of F.I.R in Cr.No.118 of 2013, Ex.A.2 – attested true copy of wound certificate, Ex.A.3 – attested true copy of Charge sheet, Ex.A.4 – copy of C.P.T selected candidates list, Ex.A.5 – copy of S.S.C exam hall ticket, Ex.A.6 – copy of application for I.B.P.S examination, Ex.A.7 – Bunch of medical bills, reports and prescriptions issued by Bollineni Hospital, Nellore, for Rs.6,326-93 Ps rounded to Rs.6,327/-, Ex.A.8 – bunch of medical bills, reports and prescriptions issued by Sanjeevi Hospital, Guntur for Rs.10,015/-, Ex.A.9 – Certificate issued by KIMS Hospital, Nellore, Ex.A.10 – Transport Bill dated 23.10.2013 for Rs.5,000/-, Ex.A.11 – Medical bill issued by L.V.Prasad Eye Hospital for Rs.43,150/-, Ex.A.12 – Hall ticket for the post of Multi Tasking Staff conducted by S.S.C., Ex.A.13 – Hall Ticket for the post of Combined Higher Secondary level conducted by S.S.C., Ex.A.14 – Hall ticket for the post of Combined Recruitment for Assistant Grade conducted by S.S.C., Ex.A.15 – Hall ticket for the post of Combined Graduate level (Tier I & II), Tire II Re-examination (3 hall tickets), Ex.A.16 – Attested copy of joining report, Ex.A.17 – attested copy of Sick leave approval letter on loss of pay issued by Vijaya Bank, Ex.A.18 – attested copy of slip issued by Vijaya Bank, and Ex.C.1 – case sheet issued by KIMS Hospital, Nellore.

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On behalf of Respondent, its driver by name Gurram Vijaya Kumar Babu @ GVK Babu got examined as R.W.1 but, no documents were marked.

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MACMA NO. 414 /2022 VS,J.

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7. Upon hearing both sides and upon perusing the material available in record, the Tribunal awarded compensation of Rs.5,00,000/- to the Petitioner payable by the respondent/APSRTC together with costs and interest thereon at 7.5% per annum, from the date of petition till the date of realization and directed the respondent to deposit the entire compensation amount within two (02) months from the date of order.

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8. Being aggrieved by the said Order and Decree, the Respondent – APSRTC has preferred this appeal on the grounds that – the Tribunal awarded compensation amount of Rs.5,00,000/- without any evidence on record and failed to establish the fact that due to the negligent driving of the APSRTC bus bearing No.AP-27-Z-0102 by its driver the accident occurred on 23.10.2013. The Tribunal awarded an amount of Rs.2,00,000/- towards medical bills, Rs.1,00,000/- towards loss of earnings of the petitioner, and interest at 7.5% per annum which is highly excessive and without any basis. Hence, prayed to allow the appeal by setting aside the Order and decree dated 25.05.2022 in MVOP No. 287 of 2014 passed by the Chairman, Motor Accidents Claims Tribunal –cum- VII Addl. District Judge, Gudur, SPSR Nellore.

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9. Heard both sides and perused the material in record.

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10. Now the point for consideration is:

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Whether the order of the Tribunal needs any interference?

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MACMA NO. 414 /2022 VS,J.

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11. POINT: This Court perused the order passed by the Tribunal. With regard to the contention of respondent that there is no proof that the accident was occurred due to rash and negligent driving of its driver, hence, respondent is not liable to pay compensation amount to the Petitioner – the Tribunal at para No.10 of its order while answering issue No.1, categorically discussed that there is no proof submitted by the respondent to prove that the accident was occurred due to the negligence of driver of the lorry, which was stationed and there is a clear plea in the claim petition that the driver of the bus dashed the stationed

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lorry. P.W.1 also stated that the driver of the bus dashed the lorry which was stationed on the left side of the road margin. Moreover, Police registered case against the driver of APSRTC bus, but not against the driver of the lorry. The evidence of P.W.1 coupled with Ex.A.1 – attested copy of F.I.R in Cr.No.118 of 2013 and Ex.A.3 – Attested true copy of charge sheet, which shows that after due investigation, it was established that the accident had occurred due to the negligence of the driver respondent, resulting injuries to the petitioner, the Tribunal safely concluded that the accident had occurred due to the negligence of driver of respondent resulting injuries to the petitioner. Hence, there is evidence to prove that the accident was occurred due to rash and negligent driving of the driver of APSRTC bus. Thus, the contention of the respondent that it is not liable to pay compensation to the petitioner is not tenable.

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MACMA NO. 414 /2022 VS,J.

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12. Coming to the contention of the respondent that the Tribunal awarded compensation of Rs.5,00,000/- is excessive - the Tribunal taken into consideration the medical record showing that petitioner sustained grievous and fracture injuries, undergone surgeries, he needed one attendant to assist him in hospital and also at his home for some time and has taken treatment in several hospitals by incurring medical expenses under Ex.A.7 for Rs.6,327/-, Ex.A.8 for Rs.10,015/-, Ex.A.11 for Rs.43,150/-, Ex.A.16 - attested copy of joining report, and Ex.A.17 - attested copy of sick leave approval letter on loss of issued by Vijaya Bank, and Ex.C.1 – case sheet issued by KIMS Hospital, Nellore and also taking into consideration the age of the injured was only 23 years at the time of accident and that due to fracture injury and surgery, he lost several competitive examination opportunities as shown under Ex.A.12 – Hall ticket for the post of Multi Tasking Staff conducted by the S.S.C., Ex.A.13 – Hall ticket for the post of Combined Higher Secondary Level conducted by S.S.C., Ex.A.14 – Hall ticket for the post of Combined Recruitment for Assistant Grade conducted by S.S.C., Ex.A.15 – Hall ticket for the post of Combined Graduate level (Tier I & II) Tire II Re-examination (3 Hall Tickets), and Ex.A.18 – attested copy of pay-slip issued by Vijaya Bank, the Tribunal awarded Rs.2,00,000/- towards medical bills, Rs.20,000/- towards transport expenses, Rs.15,000/- towards special diet, Rs.15,000/- towards attendant charges, Rs.1,00,000/- towards loss of earnings, Rs.50,000/- towards pain and suffering, Rs.1,00,000/- towards loss of earning

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power and loss of disfiguration, in total awarded Rs.5,00,000/- as compensation. Thus, this court is of the considered opinion that the compensation awarded by the Tribunal is neither illegal nor arbitrary. Hence, there are no merits to allow this appeal.

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13. Accordingly, Motor Accident Miscellaneous Appeal is dismissed. No

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costs.

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Consequently, pending miscellaneous applications, if any, shall stand closed.

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_______________________ SMT JUSTICE V.SUJATHA

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KS Dated 09.02.2026.

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