The High Court · 2025

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 to Vacate the interim stay granted in M.A.C. M.A.tvl.P.No.3759 of 2014 in MACMA No.3475 of 2014 dated 01.08.2014 and permit the Petitioner herein to withdraw the amount in the interest of justice and pass Counsel for the Appellant(s):SRl. Kallakuri Srinivasarao Counsel for the Respondents: S Bhooma Goud The Court made the following: ORDER 7 IN THE HIGH COURT FOR THE STATE OF TEL,q IIGANA AT HYDERABAD THE HON'BLE JUSTICE B.R. MADHUSUDHA].I RAO M.A.C.M.A.No.347 5 OF 2014 DATED THE 1OTH DAY OF DECEMBER, 20 ]5 Be twee n: Thc APSRTC, r'cprcscntcd by its Dcpot Managc r . Putt.Lparl.hi Depot, Ananathaptrr District ar-rd another And . Appeliants Respondent S. Rajitha JUDGMENT:

1. This Mcmolandum of Motor Accidents Civil I I.scellaneous Appeal is filed under Section 173 of thc Motor Vchi: cs Act, 1988 (heieir-raftcr called as MV Act, 1988) assailing the a\..: rd passed by the Motor Accirlent Claims Tribunal-Cum-Addi'i ,nal District Judgc, NizamabrLcL in M.V.O.P.No.594 of 20lO datec. 2 ).O1.2014-

2. Appellants herein are the respondents and tL3 respondent herein is the pctitioner in M.V.O.P.No.594 of 2010.

3. 1. Responrlcnt petitioner has filed claim petition rodcr Section 166 of the MV Act, claiming compensation of Rs. I - t)0,000/-, on account of the rnluries sustained by her in a accider t 2

3.2. On 03.O7.2O1O, respondenL-petitioner was travelling in Toolan vehicle bearing registration No.AP-28 8-4628 along t,ith her family mcrnbcrs and u.hcn thcv rcachcd thc limirs of pS Kondapur at 01 .0O a.m., one APSRTC bus bearing No.AP28Z3948 of Puttaparthi Dcpot being driven in rash and negligent m:utller dashed Toolan vchicle due to u,hich she received grievous injuries.

3.3. On the complaint, PS Kondapur has registered a case in Crime No.37 of 2010 under Sections 337 ancl 338 of iPC. As on thc date of the accident, rcspondent- pe ti tioncr $,as aged.rbout 23 1'c:rrs and rvzrs earning Rs. 1O,OO0/ - pcr month bv u,orking as a tlltor. Due to the accident, respondent-petitione r's right leg got amputated and she became dependanL on others for her future.

4. Appellants-respondents h.led counter in the O.P and dcnied the manner in u'hich the accident has taken place and also denied the age and avocation of the respondent-pe ti tioner and praled to dismiss the O.P.

5. Learned Tribunal has framed the following issues: 1) Whether the accident occurred on 03.07.2010 at about 01.00 am is due to rash and negligent driving of APSRTC bus No.AP2823948 driven by its drivcr? 2) Whether the petitioner is entitle to claim compensation? If -- \ so, to what amount and from whom? , - 3) To what rclicP / w I I I : I I I I t I 3 Respondcn r- petitioner is examined as PW- 1, t:;:r rnined PW2- 6, Dr. L. Ramulu and PW3-Mr.G. Murali and got mrrr'l t:d ExAl lo A 13. Appcliants-rcspondcnts did not Iead o'idencc.

7. l.eartred Trt]tunitl atter going through the ma: :rll on record has ailorvecl tltc CIP filed bv the respondent petitiol.r: rnd arvarcled compr:nsatiot-r ol Rs-c),72,()791 u'itll intcrcst at / ..-l pcr allnum payable by the appellants respondents jointly and se lalll'. Learned coLtt-rsel for the appellants-respondcrLi: s;ubmits that

8. the learned Tribtr-rzrl has grossly erred in holding tll r tht: accirlent has occurred rlue to rash and negligcnt drivir-rg of d-: " :' ol RTC llus bearing No.AI'2823948 at Pr.rttaparthi Depot, errc j in ar'varding compensation of Rs.9,72,979/- with interest at 7 ;'o per annum and also e rrcd tn rt:lying on thc cvidencc of PW2- [ r. L. Ramulu and prayecl to set aside the award passed by learnec 'r'ibunal.

9. Learned c'ounsel for responden t-petitioner sr t mits that the learned Tribunzrl has rightly appreciated thc contert c,ns raisecl by the parties thereon and rightly allowed the OP, nc rrterference is called for and praverl to dismiss the appeal. 1O. Hcard lcarncd counscls on rccord and perus':ri thc material.

11. No*'thc point for consideration is: u'hether the award passed by the learned Tribunal in M.V.O.P.No.594 t,l 2010 dated 4

28.01.2014 suffers from any per\rcrsity or illegality, if so, does it requires interference of this Court?

12. Appcllants respondcnts lrave challenged tl-re manncr in \\'hich thc accident has occurred an<l also the compensation.

13. Rcspondcnt-petitioner flled hcr evidence affidavit r.r,hich is in consonance with the claim application. In her cross_examtnation, she statcd that she rvas sitting in the back seat, after the accrdent, thc-v vr.oke up and rhere u,as traffic jam. She denied the suggcstion thzrt bus driver r.vas not at falllt and that the accident has occurred as the lorn. driver has applied suddcn brakes. L4. trx.A I is the certified copy of FIR, Ex.A2 is the certihed copy of crime details form, Ex.A3 is thc certified copy of MW rcport, Ex.A4 is the certified copy of remand case diary and Ilx.AS is the certifred r:opy o[ charge-sheet. The charge-sheet filed by the police goes to shou,that the driver of RTC bus drove the same in rash and ncgligent manncr rr.ith high speed and causcd the accident.

15.1. Learned 'l'ribunal has rightly arrived at a conclusion that the accident has occurred due to rash and negligent driving of driver of RTC bus taking into consideration the evidence of the respondcnt_ petitioner.

15.2. Insofar as the injuries sustained by the respondent_ petitioncr, the lcarned Tribunal assesscd the disabilitv with that of Yr7 5 Ex.A I I ancl has also taken into consideration the e\ r, once ol PW2 and discussed them in the au,ard at paragraph Nos.[ , to 6.11 and arrivcd at a j ust compen sation

16. Appcllants r-espondents havc rrot made out rnv case to interfere rr,itl-r tl-rt:lvard passcd bv the learned TriLr L:.1- 'lhere ilre no tncrits in the iLppczrl and tlic sanrc- is li.rblc lo bc i i rnissed

17. Accordinglr, this M.A.C.M.A is dismissed. Tlr, r : shall be no ordcr as to costs Interim orders if anv stand vacated. Miscellarr , Lrs Iretition/s shall stancl closerl SDr-IiJAWAHARREDDY AS T STANT REGISTRAR //TRUE COPYII SECTION OFFICER To, Nizamabad.(with records if anY) 'l . The Motor Accident Claims Tribunal - Cum - 2. One CC to SRI Kallakurr Srinivasarao Advocate [OPL ( 3. One CC to SRI S Bhooma Goud Advocate [OPUC] 4 Two CD Copies ] Addl District Judge JA/SA o HIGH COURT DATED.10t12t2025 t JUDGMENT MACMA No.3475 of 2014 4-,4 // !\(L 5TATT t ) I g 1'\[i 2t?t (-, v '-'I I ,r \--= t'.'' \ ;; il E i { ,, /l ^ N4.A.C.M.A. IS DISMISSIII) \ I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO IMOTOR ACCIDENT CIVIL IMISCELLANEOUS APPEAL NO. 3475 OF 2014 Appeal filed u/sec.'l 73 Motor Vehicles Act against the order and decree in M VO P.No.594 of 2010 daled 2810112014 on the file of the Court of the Motor Accident Claims Tribunal-Cum- | Addl,District Judge, Nizamabad. Between 1 THE APSRTC, rep. by its Depot Manager, Puttaparthi Depot' District Ananthapur. 2 The APSRTC, rep. by its Managing Director, Ivlusheerabad X road. Hyderabad. ...APPellants/ResPondents AND S Rajitha, Wo S. Vrlay Kumar, R/o H. No.3-10-304/2, Vrvekananda Nagar Colony, Nyalkal Road, Nizarnabad. Responden t/Cla ima nt Appeal filed u/sec.1 73 Motor Vehicles Act against the order and decree in M.V O P No.594 of 2O1O dated 28tO112014 on the file of the Court of the Motor Accident Claims Tribunal-Cum- | Addl.District Judge, Nizamabad. ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Court below and the material papers in the MVOP and upon hearing the arguments of sri Kallakuri srinivasarao, Advocate for the Appellant and of Sri S.Bhooma Goud , Advocate for the respondent' This Court doth order and decree as follows I I I

1. That the TMACMA be and hereby is Dismissed; 2. That there shall be no order as to costs in this appea SD/ AS I. JAWAHAR REDDY { ISTANT REGISTRAR .., /4e. SECTION OFFICER //TRUE COPY// To,

1. The Motor Accident Claims Tribunal - Cum Addl District Judge, Nizamabad.(with records if any)

2. One CC to SRl. Kallakuri Srinivasarao Advocate f() 'UCl 3. One CC to SRl. S Bhooma Goud Advocate [OPU{) 4. Two CD Copies o JAiSA HIGH COURT DATED.10l1212025 DECREE MACMA No 3475 of 2014 M.A.C.M.A. IS DIS \.,I I,\ SED