Authority: High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction)

Order Date: 02 November 2026

Case Overview

  • Parties: Appellant – Andhra Pradesh State Road Transport Corporation (APSRTC), represented by its Vice Chairman & Managing Director, owner of bus No. AP‑11Z‑2500; Respondents – Gadi Rama Lakshmi (wife of Sambasiva Rao) and Ramisetty Prabhakara Rao, occupants of the bus.
  • Nature of Proceeding: Motor Accident Civil Miscellaneous Appeal (No. 2817 of 2017) under Order 41 CPC, seeking to set aside the award and decree dated 26 September 2016 passed by the Motor Accidents Claims Tribunal‑cumm‑VIII Additional District & Sessions Judge, West Godavari.
  • Background: On 18 March 2012 at about 09:45 A.M., the APSRTC bus No. AP‑11Z‑2500 traveling from Eluru to Chintalapudi collided with a roadside tree due to the driver’s rash and negligent driving. The bus overturned, causing grievous injuries to the petitioners. A criminal case (No. 43 of 2012) under Sections 337 & 338 IPC was filed against the driver.
  • Evidence: petitioner examined herself (PW‑1) and corroborated her testimony with First Information Report (Ex A1), Charge Sheet (Ex A5), Motor Vehicle Inspector Report (Ex A3), wound certificate (Ex A4), disability certificate (Ex A6), and case sheets (Ex X1, X2). Respondents offered no oral or documentary rebuttal and did not examine the driver.
  • Legal Findings: The Court held that the accident was caused by the driver’s rash negligence; the petitioner was indeed a passenger; the driver possessed a valid licence; permanent disability was established (functional disability assessed at 100%).
  • Compensation Calculation:
  • Pecuniary Damages:
  • Loss of future earnings (Rs 4,500 × 12 × 13) = Rs 7,02,000
  • Future prospects (25 % of Rs 7,02,000) = Rs 1,75,500
  • Past earnings loss = Rs 56,000
  • Medical expenses = Rs 60,000
  • Attendant charges = Rs 12,000
  • Conveyance = Rs 20,000
  • Future medical/ artificial limb expense = Rs 75,000
  • Total Pecuniary = Rs 11,00,500
  • Non‑Pecuniary Damages:
  • Pain and suffering = Rs 4,00,000
  • Loss of amenities = Rs 1,00,000
  • Total Non‑Pecuniary = Rs 5,00,000
  • Grand Total Compensation = Rs 16,00,500 (versus the Tribunal’s Rs 15,75,960).
  • Interest: The same rate of 7.5 % per annum awarded by the Tribunal applies from the date of the claim petition till realization.
  • Liability: Both APSRTC (respondent No. 2) and the driver (respondent No. 1) are held jointly and severally liable for the award.

Final Outcome

  • The appeal is dismissed.
  • The Tribunal’s award is modified, increasing compensation to Rs 16,00,500.
  • The petitioner must pay an additional court fee of Rs 4,00,500 within thirty (30) days of the judgment.
  • Deposit of the awarded amount (including interest) is to be made within one month of receipt of the judgment copy.
  • No order as to costs.
  • All pending miscellaneous petitions, if any, stand closed.

Topics: Compensation, Motor Accident Liability, Judicial Appeal