The Ap State Road Transport Corporation vs Kuruva Subba Arayudu Died As Per Lrs 4 To 7 on 6 August, 2026

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    Andhra Pradesh High Court – Amravati

    The Ap State Road Transport Corporation vs Kuruva Subba Arayudu Died As Per Lrs 4 To 7 on 6 August, 2026

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    Date of reserved for orders :08.05.2026
    Date of pronouncement       :06.08.2026
    Date of uploading           :06.08.2026
     APHC010513862014
                            IN THE HIGH COURT OF ANDHRA PRADESH
                                          AT AMARAVATI                 [3520]
                                   (Special Original Jurisdiction)
    
                        THURSDAY, THE 6th DAY OF AUGUST 2026
    
                                              PRESENT
    
            THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
    
          MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2814/2014
    
    Between:
    
       1. THE AP STATE ROAD TRANSPORT CORPORATION, REP BY ITS
          MANGING DIRECTOR CUM VICE CHAIRMAN O/O.MUSHEERABAD,
          HYDERABAD.
    
                                                                ...APPELLANT
    
                                               AND
    
       1. KURUVA SUBBA ARAYUDU DIED AS PER LRS 4 TO 7, S/O.K.ANKANNA,
          HINDU, OFF LORRY DRIVER R/O.H.NO.2/1444-D, PEDDA PADAKANA, I-
          TOWN, KURNOOL.
    
       2. N KESHAVA GOUD, S/O.N.JAYANTHI GOUD, AGED MAJOR, OCC: OWNER
          OF LORRY R/O.H.NO.44-19-A/10, PRAKASH NAGAR, KURNOOL.
    
       3. THE DIVISIONAL MANAGER, M/S.NEW INDIA ASSUANCE CO LTD
          O/O.HDCT COMPLEX, RAILWAY STATION ROAD, KURNOOL.
    
       4. KURUVA SUDHAKAR S/O LATE KURUVA SUBBARAYUDU, HINDU,AGED
          ABOUT      40     YEARS,R/O.     2/144D-A1,PEDDAPADAKHANA
          STREET,KURNOOL DISTRICT, ANDHRAPRADESH 518001
    
       5. KURUVA SURIBABU S/O LATE KURUVA SUBBARAYUDU, HINDU,AGED
          ABOUT      38     YEARS,R/O.     2/144D-A1,PEDDAPADAKHANA
          STREET,KURNOOL DISTRICT, ANDHRAPRADESH 518001
                                                 2
    
    
    
       6. WADALA SULOCHANA D/O LATE KURUVA SUBBARAYUDU, HINDU,AGED
          ABOUT       35         YEARS,R/O.    3       -157,PAIGERI,
          BALAPALAPALLE,BETHANUCHERLA,KURNOOL              DISTRICT,
          ANDHRAPRADESH - 518599
    
       7. KURUVA     SHAKUNTALA  W/O   LATE  KURUVA    SUBBARAYUDU,
          HINDU,AGED ABOUT 53 YEARS,R/O. 2/144-D-A1,PEDDAPADAKHANA
          STREET,KURNOOL     DISTRICT,   ANDHRA   PRADESH     518001
          RESPONDENT NO.4 TO 7 ARE BROUGHT ON RECORD AS LR OF THE
          DECEASED 1ST RESPONDENT VIDE COURT ORDER DATE.23.04.2025 IN
          IA.NO.3/2024
    
                                                                      ...RESPONDENT(S):
    
          Appeal filed under Order 41 of CPC before the High Court allow the appeal by
    setting aside the decree and judgment dated 19.03.2012 made in MVOP
    No.621/2008 on the file of the Chairman, Motor Accidents Claims Tribunal cum IV
    Addl. District Judge, Kurnool
    
    IA NO: 1 OF 2012(MACMAMP 5907 OF 2012
    
          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 condone the
    delay of 65 days that has occurred in filing the present appeal in the interest of justice
    
    IA NO: 2 OF 2012(MACMAMP 6114 OF 2012
    
          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 stay all further
    proceedings including the execution of the decree and judgment dated 19.03.2012
    made in MVOP No.621/2008 on the file of the Chairman, Motor Accidents Claims
    Tribunal cum IV Addl. District Judge, Kurnool
    
    IA NO: 3 OF 2012(MACMAMP 7121 OF 2012
    
          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 passed in MACMAMP No. 6114 of 2012 in MACMASR No. 39946 of
    2012 dated 26-9-2012 and pass
    
    IA NO: 1 OF 2016(XOBJ 15867 OF 2016
    
          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
                                              3
    
    
    
    IA NO: 1 OF 2024
    
          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 may be
    pleased to condone the delay of 790 days in filing the Legal Representative
    
    IA NO: 2 OF 2024
    
          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 may be
    pleased to set aside the abatement in filing Legal Representative petition, in the
    interest of justice and equity.
    
    IA NO: 3 OF 2024
    
          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 may be
    pleased to bring on record the petitioners/proposed respondents/L.Rs. of deceased
    Respondent No.1 herein prays that the Honourable Court may be pleased to implead
    them as respondents 4 to 7 in the MACMA, being the legal heirs/sons, daughter and
    wife of the deceased respondent No.1, in the interest of justice and equity
    
    Counsel for the Appellant:
    
       1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)
    
    Counsel for the Respondent(S):
    
       1. A JAYA SANKARA REDDY
    
       2. I MAAMU VANI
    
       3. THOTA ASHOK KUMAR
    
       4. A JAYANTHI
    
    The Court made the following:
                                                4
    
    
    
         THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
    
                                      I.A.No.1 of 2016
                                           In / and
                                M.A.C.M.A.No.2814 of 2014
    COMMON JUDGMENT:

    Introductory:

    1. Respondent No.1 / A.P.S.R.T.C in M.V.O.P.No.621 of 2008 on the file of the

    Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Kurnool

    (for short “the learned MACT”) filed the present appeal.

    2. Respondent No.1 in this appeal is petitioner before the learned MACT,

    respondent Nos.2 and 3 are respondent Nos.2 and 3 before the learned MACT and

    respondent Nos.4 to 7 are the legal representatives of the original claimant-Kuruva

    Subbarayudu.

    3. The claimant(s) filed Cross-Objection petition vide I.A.No.1 of 2016 (X OBJ

    15867 of 2016). However, the office endorsement indicates that the records

    pertaining to the said Cross-Objection petition were not received from the erstwhile

    common High Court at Hyderabad following bifurcation. Pursuant to the directions of

    this Court dated 27.02.2026, the learned counsel for respondent Nos.4 to 7 filed a

    copy of the Cross-Objection with petition for the purpose of reconstruction of the

    Court record. Considering the representation of both sides, I.A.No.1 of 2016 filed on

    behalf of the claimants is allowed.

    4. One Kuruva Subbarayudu-injured (hereinafter referred to as “the petitioner”)

    filed the claim petition in terms of Section 166 of the Motor Vehicles Act, claiming
    5

    compensation of Rs.6,00,000/- for the injuries suffered in a motor vehicle accident.

    He was travelling in lorry bearing No.AP 21 V 9993 owned by respondent No.2 and

    SPONSORED

    insured with respondent No.3. While he was travelling in the said lorry on 03.06.2008,

    A.P.S.R.T.C. bus bearing No.AP 28 Z 1757 (hereinafter referred to as “the offending

    vehicle”) dashed the lorry in a rash and negligent manner, causing the accident,

    resulting in injuries and disability to the petitioner. The offending vehicle is owned by

    respondent No.1 before the learned MACT (appellant herein).

    5. Respondent No.4 to 7 herein are impleaded pursuant to the death of the

    original claimant during the pendency of the appeal by the A.P.S.R.T.C. They have

    filed cross-objections.

    Contention of the appellant / A.P.S.R.T.C:

    6. The contention of the appellant / A.P.S.R.T.C is that there was negligence on

    the part of the driver of the lorry. The claimants should have moved an application

    under the Workmen‟s Compensation Act against the driver and Insurance Company

    of the lorry. There was no negligence on the part of the driver of A.P.S.R.T.C. bus.

    In any event, the claim should lie against the lorry and there is liability on the owner,

    driver and Insurance Company of the lorry. The legal representatives of the claimant

    by way of cross-objections, claimed that the learned MACT awarded a meagre

    compensation and ought to have considered the permanent functional disability of the

    claimant at 100% and that the compensation awarded is very low and requires

    enhancement.

    6

    7. For the sake of convenience, the parties will be hereinafter referred to as “the

    petitioners/claimants” and “the respondents” as and how they are arrayed before the

    learned MACT.

    Case of the claimants:

    8(i). On 03.06.2008 at about 05:00 p.m. the petitioner boarded the lorry carrying

    coal bearing No.AP 21 V 9993 at Chandrapoor to proceed to Mysore in Karnataka.

    On 04.06.2008 at about 7:00 p.m., at Bharath Gas Factory near Dupadu, Kurnool

    Town, the A.P.S.R.T.C. bus / the offending vehicle came at a high speed in a rash

    and negligent manner and dashed the lorry. As a result of which, the petitioner /

    driver of the lorry sustained multiple injuries. He was shifted to Government General

    Hospital, Kurnool, where he has taken treatment and incurred medical expenditure of

    Rs.50,000/-. On his report, Crime No.57 of 2008 was registered. The negligence of

    the driver of the A.P.S.R.T.C Bus / offending vehicle is the cause for accident.

    (ii). The petitioner was hale and healthy, aged about „39‟ years, earning Rs.3,000/-

    per month as salary and Rs.3,000/- towards „batta‟ by the date of accident. But, due

    to the accident, his right leg was amputated and he could not attend to his duties as a

    regular driver. The claim is made against the A.P.S.R.T.C as well as the lorry for joint

    and several liability.

    Case of respondent No.1 / A.P.S.R.T.C.:

    9. The negligence on part of the driver of the A.P.S.R.T.C bus is not correct. The

    petitioner himself is responsible for the accident, being the driver of the lorry and

    driving the same in a rash and negligent manner.

    10. Respondent No.2, the owner of the lorry remained ex parte.
    7

    Case of respondent No.3 / Insurance Company:

    11(i). Respondent No.3 / Insurance Company of the lorry claimed that there was no

    negligence on the part of the petitioner, the driver of the lorry. The driver of the

    A.P.S.R.T.C bus alone was negligent. Hence, respondent No.1 before the learned

    MACT alone is liable to pay compensation.

    (ii). The petitioner shall prove the pleaded accident, age, occupation, income and

    other material particulars, including his valid and effective driving licence.

    (iii). Further, it is also claimed by the Insurance Company that the driver of the

    A.P.S.R.T.C bus was charge-sheeted and prosecuted under Exs.A1 and A2.

    Therefore, respondent No.3 / Insurance Company is not liable.

    Findings of the learned MACT:

    12. The incident was witnessed by the cleaner who was preset in the lorry. He

    sustained multiple injures. FIR and charge-sheet vide Exs.A1 and A2, reveal the

    circumstances under which the accident occurred. The evidence of R.W.1, the driver

    of the A.P.S.R.T.C. bus would show that he was prosecuted by the Ulindakonda

    Police by filing a charge-sheet on the file of the Judicial First Class Magistrate,

    Kurnool. The FIR under the original of Ex.P1 and charge-sheet under the original of

    Ex.P2 were filed against him and that he did not give any report.

    13. The negligence on the part of the R.W.1, the driver of the A.P.S.R.T.C bus, is

    acceptable. Therefore, the A.P.S.R.T.C is liable to pay compensation.

    14. The petitioner suffered the following four injuries:

    1. A lacerated injury present over the fore head size 5 x 2 cm red in colour.

    2. Knee size 2 x 4 red in colour.

    8

    3. A lacerated injury present in Right leg below the Knee 4 x 2 cm red in

    colour.

    4. A lacerated injury present over the left thumb and his right leg was

    amputated.

    15. P.W.2, the Orthopedic Surgeon who treated P.W.1 and conducted the

    operation, deposed about the treatment, operation and amputation over right below

    knee. He further stated that the petitioner was admitted into the hospital on

    10.06.2008 and discharged on 28.07.2008.

    16. The income of the petitioner/claimant can be considered at Rs.3,000/- per

    month and batta at Rs.2,000/- per month, totaling Rs.5,000/- per month, which comes

    to Rs.60,000/- per annum. 1/3rd was deducted towards the personal expenditure.

    Thereafter, Rs.40,000/- was capitalized. Multiplier „16‟ is applicable. When the same

    is applied, entitlement comes to Rs.6,40,000/-. The permanent disability is taken at

    50%. Therefore, the entitlement comes to Rs.3,20,000/- under the head of functional

    disability. The petitioner is further entitled for Rs.20,000/- towards pain and suffering

    and Rs.20,000/- towards loss of amenities of life, Rs.30,000/- towards medicinal

    expenditure and Rs.40,000/- towards loss of earnings and incapacity to earn. In all

    the total entitlement comes to Rs.4,30,000/-.

    Arguments in the appeal:

    For the appellant / A.P.S.R.T.C:

    17(i). Negligence on the part of the petitioner, the driver of the lorry should have

    been considered.

    (ii). The evidence of R.W.1 is ignored.

    9

    (iii). The disability is taken excessively.

    (iv). The compensation awarded is excessive.

    For the respondents/ legal representatives / claimants:

    18(i). Deducting 1/3rd towards personal expenditure in the injury case is not correct.

    (ii). Taking the disability at 50% is not correct.

    (iii). Compensation under all heads is not awarded.

    19. Heard both sides extensively. Perused the record. Thoughtful consideration is

    given to the arguments advanced by both sides.

    20. Now, the points that arise for determination in this appeal are:

    1) Whether the compensation awarded at Rs.4,30,000/- by the learned MACT

    and the imposition of liability on the appellant A.P.S.R.T.C. (respondent No.1

    before the learned MACT) are proper or require any interference, and if so, on

    what ground and to which extent?

    2) What is the result of the appeal?

    Point No.1:

    Accident and Negligence:

    Statutory Guidance:

    21(i). As per Section 176 of the Motor Vehicles Act, the State Governments are

    entitled to make rules for the purpose of carrying effect to the provisions of the Motor

    Vehicles Act.

    (ii). In relation to claims before the learned MACT, Rule 455 to Rule 476 of the A.P.

    Motor Vehicles Rules, 1989, vide Chapter No.11 provides comprehensive guidance.

    As per Rule 476 of the A.P. Motor Vehicles Rules, 1989, the claims Tribunal shall
    10

    proceed to award the claim basing on the registration certificate of the vehicle,

    insurance policy, copy of FIR and Post- mortem certificate etc.

    Precedential Guidance:

    22. The Hon‟ble Apex Court in Bimla Devi and others Vs. Himachal Road

    Transport Corporation1, in para 15 observed as follows:

    “15. In a situation of this nature, the Tribunal has rightly taken a holistic view of
    the matter. It was necessary to be borne in mind that strict proof of an accident
    caused by a particular bus in a particular manner may not be possible to be done
    by the claimants. The claimants were merely to establish their case on the
    touchstone of preponderance of probability. The standard of proof beyond
    reasonable doubt could not have been applied. For the said purpose, the High
    Court should have taken into consideration the respective stories set forth by both
    the parties..”

    23(i). P.W.1 is the claimant and injured. He has denied the negligence on his part

    and asserted that the accident occurred due to the negligence on the part of the

    driver of the A.P.S.R.T.C. bus.

    (ii). During his cross examination, nothing is elicited and he has specifically stated

    that no report was given against him.

    24. R.W.1 is the driver of the offending vehicle. During his cross-examination, he

    has admitted that the Police filed a criminal case against him for his rash and

    negligent driving of the offending vehicle. Interestingly, he stated that he do not know

    about the pendency of the said case. He has also admitted that he did not give any

    report against the petitioner for accident and that he was released on bail in criminal

    case filed against him.

    1
    2009 (13) SCC 530
    11

    25. The evidence of R.W.1 suggests that he was speaking in disguise. In view of

    the evidence of P.W.1 and the admissions of R.W.1 and in the light of the statutory

    guidance and precedential guidance, without any hesitation, the findings of the

    learned MACT as to the negligence of the driver of the offending vehicle / bus being

    the cause for the accident is found fit to be accepted and concurred with. There is no

    material available to take a contra view. Accordingly, the negligence of the driver of

    the A.P.S.R.T.C bus is accepted as the cause for the accident.

    Quantification of compensation:

    26(i). The petitioner is the driver of the offending vehicle at the relevant time and the

    same is not in dispute.

    (ii). P.W.2, the doctor who treated the petitioner, deposed that he is a retired

    Orthopedic Surgeon.

    (iii). On 10.06.2008, the petitioner was admitted into the hospital and below-knee

    amputation of the right leg was done by operation on 10.06.2008.

    (iv). On 11.07.2008, debridement was done for the below-knee amputee.

    (v). On 22.07.2008, skin grafting was done for the raw area over the right below-

    knee amputee.

    (vi). The Petitioner was discharged from the hospital on 28.07.2008.

    (vii). Ex.A5 is the disability certificate issued by the Medical Board assessed the

    disability at 70%. The Petitioner cannot drive any vehicle.

    (viii). It was suggested to P.W.2 that the disability is to be assessed at 50%.
    12

    27. If functional disability is taken into consideration, the petitioner, who was driver

    at the time of the accident, he is unable to discharge his duties as a driver. Therefore,

    his functional disability can be accepted at 100%.

    Precedential Guidance:

    28. A reference to parameters, for quantifying the compensation under various

    heads, addressed by the Hon‟ble Apex Court is found necessary, to have standard

    base in the process of quantifying the compensation, to which the claimant is entitled.

    (i) With regard to awarding just and reasonable quantum of compensation,

    the Hon‟ble Supreme Court in Baby Sakshi Greola vs. Manzoor Ahmad Simon

    and Anr.2, arising out of SLP(c).No.10996 of 2018 on 11.12.2024, considered the

    scope and powers of the Tribunal in awarding just and compensation within the

    meaning of Act, after marshaling entire case law, more particularly with reference to

    the earlier observations of the Hon‟ble Supreme Court made in Kajal V. Jagadish

    Chand and Ors.3, referred to various heads under which, compensation can be

    awarded, in injuries cases vide paragraph No.52, the heads are as follows:-

            S. No.             Head                                        Amount (In ₹)
    
             1.      Medicines and Medical Treatment                        xxxxx
             2.      Loss of Earning Capacity due to Disability             xxxxx
             3.      Pain and Suffering                                     xxxxx
             4.      Future Treatment                                       xxxxx
             5.      Attendant Charges                                      xxxxx
             6.      Loss of Amenities of Life                              xxxxx
             7.      Loss of Future Prospect                                xxxxx
             8.      Special Education Expenditure                          xxxxx
             9.      Conveyance and Special Diet                            xxxxx
            10.      Loss of Marriage Prospects                            xxxxxx
                                                                           _________
                                Total             Rs. ...                xxxxxx
                                                                           _________
    
    
    
    
    2
    2025 AIAR (Civil) 1
    3
    2020 (04) SCC 413
                                                       13
    
    
    
            (ii).        Hon‟ble Apex Court in Yadava Kumar Vs. Divisional Manager,
    
    

    National Insurance Company Limited and Anr.,4 vide para No.10, by referring to

    Sunil Kumar Vs. Ram Singh Gaud5,as to application of multiplier method in case of

    injuries while calculating loss of future earnings, in para 16 referring to Hardeo Kaur

    Vs. Rajasthan State Transport Corporation6, as to fixing of quantum of

    compensation with liberal approach, valuing the life and limb of individual in generous

    scale, in para 17 observed that :-

    “The High Court and the Tribunal must realize that there is a distinction between
    compensation and damage. The expression compensation may include a claim for damage
    but compensation is more comprehensive. Normally damages are given for an injury which
    is suffered, whereas compensation stands on a slightly higher footing. It is given for the
    atonement of injury caused and the intention behind grant of compensation is to put back the
    injured party as far as possible in the same position, as if the injury has not taken place, by
    way of grant of pecuniary relief. Thus, in the matter of computation of compensation, the
    approach will be slightly more broad based than what is done in the matter of assessment of
    damages. At the same time it is true that there cannot be any rigid or mathematical precision
    in the matter of determination of compensation.”

    (iii). In Rajkumar Vs. Ajay Kumar and Another7, the Hon‟ble Apex Court

    summarized principles to be followed in the process of quantifying the compensation

    after referring to socio economic and practical aspects from which, the claimants

    come and the practical difficulties, the parties may face in the process of getting

    disability assessed and getting all certificates from either the Doctors, who treated, or

    from the medical boards etc. principles summarized vide para No.19 are as follows:

    19. We may now summarise the principles discussed above:

    4

    2010(10)SCC 341
    5
    2007 (14) SCC 61
    6
    1992(2) SCC 567
    7
    2011 (1) SCC 343
    14

    (i) All injuries (or permanent disabilities arising from injuries), do not result
    in loss of earning capacity.

    (ii) The percentage of permanent disability with reference to the whole
    body of a person, cannot be assumed to be the percentage of loss of
    earning capacity. To put it differently, the percentage of loss of earning
    capacity is not the same as the percentage of permanent disability (except
    in a few cases, where the Tribunal on the basis of evidence, concludes
    that the percentage of loss of earning capacity is the same as the
    percentage of permanent disability).

    (iii) The doctor who treated an injured claimant or who examined him
    subsequently to assess the extent of his permanent disability can give
    evidence only in regard to the extent of permanent disability. The loss of
    earning capacity is something that will have to be assessed by the Tribunal
    with reference to the evidence in entirety.

    (iv) The same permanent disability may result in different percentages of
    loss of earning capacity in different persons, depending upon the nature of
    profession, occupation or job, age, education and other factors.

    (iv) In Sidram vs. United India Insurance Company Ltd. and Anr.8 vide

    para No.40, the Hon‟ble Apex Court referred to the general principles relating to

    compensation in injury cases and assessment of future loss of earning due to

    permanent disability by referring to Rajkumar‘s case, and also various heads under

    which compensation can be awarded to a victim of a motor vehicle accident.

    (v) In Sidram‘s case, reference is made to a case in R.D. Hattangadi V.

    Pest Control (India) (P) Ltd.9. From the observations made therein, it can be

    understood that while fixing amount of compensation in cases of accident, it involves

    some guess work, some hypothetical consideration, some amount of sympathy linked

    with the nature of the disability caused. But, all these elements have to be viewed

    8
    2023 (3) SCC 439
    9
    1995 (1) SCC 551
    15

    with objective standards. In assessing damages, the Court must exclude all

    considerations of matter which rest in awarding speculation or fancy, though

    conjecture to some extent is inevitable.

    Analysis:

    29. The pleaded income of the petitioner is Rs.6,000/- per month. The learned

    MACT has taken the income at Rs.5,000/- per month towards salary and batta.

    Although the same is not proved by cogent evidence, taking into consideration the

    socio-economic circumstances of the year 2008, in which the accident occurred,

    Rs.5,000/- per month can be accepted, including the addition towards the future

    prospects. Accordingly, the income of the petitioner / injured can be accepted at

    Rs.5,000/- per month and Rs.60,000/- per annum. Instead of taking the disability at

    50%, it can be taken at 100% in view of amputation. Thereby, the loss of income to

    the petitioner can be accepted at Rs.60,000/- per annum. The applicable multiplier is

    „15‟, whereby the entitlement of petitioner for compensation under the head of loss of

    income comes to 9,00,000/- (Rs.60,000/- x 15). Deduction of 1/3rd towards personal

    expenditure is also not necessary, as the claim is by the injured.

    30. In view of the discussion made above, the entitlement of the claimants for

    reasonable compensation in comparison to the compensation awarded by the

    learned MACT is found as follows:

          Sl.      Head                        Granted by the       Fixed by this
          No.                                  learned MACT         Appellate Court
    
          1.    Pain and suffering                   Rs.20,000/-         Rs.50,000/-
    
          2.    Extra nourishment                    -Nil-               Rs.15,000/-
                                                16
    
    
    
          3.   Medical                               Rs.30,000/-            Rs.50,000/-
               expenditure/treatment
          4.   Attendant charges                    -Nil-                   Rs.15,000/-
    
          5.   Transportation                       -Nil-                   Rs.15,000/-
    
          6.   Loss of income due to                Rs.3,20,000/-        Rs.9,00,000/-
               disability
          7.   Loss of earnings during               Rs.40,000/-            Rs.40,000/-
               the period of
               hospitalization etc.
          8.   Loss of Amenities of Life             Rs.20,000/-            Rs.15,000/-
    
                           Total:                   Rs.4,30,000/-       Rs.11,00,000/-
    
                   Interest (per annum)                      9%                         6%
                                                                      Considering the facts
                                                                      and circumstance of
                                                                      the case and the long
                                                                      lapse of time, interest
                                                                      is awarded at 6% per
                                                                      annum
    
    
    
    

    31. For the reasons aforesaid and in view of the discussion made above, the point

    framed is answered concluding that the claimants are entitled for compensation of

    Rs.11,00,000/- with interest at the rate of 6% per annum from the date of petition till

    the date of realization and the order and decree dated 19.03.2012 passed by the

    learned MACT in M.V.O.P.No.621 of 2008 require modification accordingly.

    Granting of more compensation than what claimed, if the claimants are

    otherwise entitled:-

    32. The legal position with regard to awarding more compensation than what

    claimed has been considered and settled by the Hon‟ble Supreme Court holding that

    there is no bar for awarding more compensation than what is claimed. For the said

    preposition of law, this Court finds it proper to refer the following observations of the

    Hon‟ble Supreme Court made in:

    17

    (1) Nagappa Vs. Gurudayal Singh and Others10, at para 21 of the judgment,

    that:-

    “..there is no restriction that the Tribunal/Court cannot award compensation
    amount exceeding the claimed amount. The function of the Tribunal/Court is to
    award “just” compensation, which is reasonable on the basis of evidence produced
    on record.”

    (2) Kajal Vs. Jagadish Chand and Ors.11 at para 33 of the judgment, as

    follows:-

    “33. We are aware that the amount awarded by us is more than the amount
    claimed. However, it is well settled law that in the motor accident claim petitions,
    the Court must award the just compensation and, in case, the just compensation is
    more than the amount claimed, that must be awarded especially where the
    claimant is a minor.”

    12
    (3) Ramla and Others Vs. National Insurance Company Limited and Others

    at para 5 of the judgment, as follows:-

    “5. Though the claimants had claimed a total compensation of Rs 25,00,000 in
    their claim petition filed before the Tribunal, we feel that the compensation which
    the claimants are entitled to is higher than the same as mentioned supra. There is
    no restriction that the Court cannot award compensation exceeding the claimed
    amount, since the function of the Tribunal or Court under Section 168 of the Motor
    Vehicles Act, 1988 is to award “just compensation”. The Motor Vehicles Act is a
    beneficial and welfare legislation. A “just compensation” is one which is reasonable
    on the basis of evidence produced on record. It cannot be said to have become
    time-barred. Further, there is no need for a new cause of action to claim an
    enhanced amount. The courts are duty-bound to award just compensation.”

    10

    (2003) 2 SCC 274
    11
    2020 (04) SCC 413
    12
    (2019) 2 SCC 192
    18

    Point No.2:

    33. In the result,

    (i) The appeal filed by the A.P.S.R.T.C vide M.A.C.M.A.No.2814 of 2014 is

    dismissed.

    (ii) Cross objections filed on behalf of the claimants vide I.A.No.1 of 2016

    (XOBJ 15867 of 2016) are allowed.

    (iii) Compensation awarded by the learned MACT in M.V.O.P.No.621 of

    2008 at Rs.4,30,000/- with interest at the rate of 9% per annum is

    modified and enhanced to Rs.11,00,000/- with interest at the rate of 6%

    per annum from the date of petition till the date of realization.

    (iv) Claimant(s) before the learned MACT / Respondent Nos.4 to 7 herein

    are liable to pay the Court fee for the enhanced part of the compensation,

    before the learned MACT.

    (v) The enhanced compensation amount shall be apportioned equally among

    all the claimants.

    (vi) Respondent No.1 before the learned MACT i.e. A.P.S.R.T.C is liable to

    pay the compensation.

    (vii) Time for payment/deposit of the balance amount is one month.

    (a) If the claimants/ respondent Nos.4 to 7 herein furnish the bank account

    number within 15 days from today, Respondents No.1 / A.P.S.R.T.C.

    shall deposit the amount directly into the bank account of the claimant

    and file the necessary proof before the learned MACT.
    19

    (b) If the claimants fail to comply with (vii)(a) above, respondent No.1 /

    A.P.S.R.T.C shall deposit the amount before the learned MACT and the

    claimant is entitled to withdraw the amount at once on deposit.

    (viii) There shall be no order as to costs in the appeal.

    34. As a sequel, miscellaneous petitions, if any, pending in the appeal shall stand

    closed.

    ____________________________
    A. HARI HARANADHA SARMA, J
    Date:06.08.2026
    Knr

    Whether the order is:

      Speaking               Reasoned          ✓
    
      Reportable             Non-reportable ✓
                                 20
    
    
    
          HON'BLE SRI JUSTICE A. HARI HARANADHA SARMA
    
    
    
    
                     M.A.C.M.A.No.2814 of 2014
                            06.08.2026
    
    
    
    
    Knr
     



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