Authority: Hon'ble Justice Sunitha Gandham, Andhra Pradesh High Court

Order Date: 02.11.2026

Case Overview

  • Parties: Petitioners – mother and father of the deceased Jaldi Sai Nikhil; Respondent – Andhra Pradesh State Road Transport Corporation (APSRTC) operating bus No.AP‑28‑Z‑5546.
  • Accident: Occurred on 21.07.2014 at about 1.00 PM near Madireddypalem Village when the APSRTC bus, allegedly traveling on a wrong route, collided rashly with the deceased’s motorcycle, causing fatal head injuries.
  • Deceased: Jaldi Sai Nikhil, unmarried, age reported as 19 years, mason earning Rs 6,000 per month, sole financial supporter of his parents.
  • Criminal Proceedings: Case No.169 of 2014 under Section 304‑A IPC registered against the bus driver; charge‑sheet (EX.A4) concluded rash and negligent driving by the driver.
  • Tribunal Findings: Motor Accidents Claims Tribunal‑Cum‑VI Additional District & Sessions Judge, Markapur, awarded Rs 5,00,000 compensation with 9% interest, finding the bus driver negligent.
  • APSRTC Appeal Grounds: Alleged illegality of Tribunal order, claimed no driver negligence, asserted deceased lacked a valid licence, raised contributory negligence, non‑joinder of parties, and improper salary assessment.
  • Evidence: Petitioner's PW‑1 testimony, documents EXs.A1‑A4, post‑mortem report (EX.A3) confirming death due to injuries; APSRTC produced no oral or documentary evidence and did not examine its driver.
  • Legal Principles Cited: Sharanamma v. North‑East Karnataka RTC, National Insurance Co. Ltd. v. Susheelamma, Surekha v. Santhosh, Sarala Varma v. Delhi Transport Corp., National Insurance Co. Ltd. v. Pranay Sethi, Magma General Ins. Co. Ltd. v. Nanu Ram, and Government of India v. Sri Devaraj Medical College – establishing appellate powers to reassess compensation even without cross‑appeal.

Final Outcome

  • The High Court held the accident was solely caused by the rash and negligent driving of the APSRTC bus driver; APSRTC is vicariously liable.
  • The Tribunal’s compensation of Rs 5,00,000 was erroneous; the Court recalculated just compensation as Rs 10,17,200 (Rupees Ten Lakhs Seventeen Thousand Two Hundred Only).
  • Interest: Simple interest at 7.5% per annum from the date of the petition until realization.
  • Court Fee: Petitioners must pay additional court fee of Rs 5,17,200 within 30 days of the judgment.
  • Apportionment: Each parent (Petitioner Nos. 1 and 2) to receive Rs 5,08,600 (Rupees Five Lakhs Eight Thousand Six Hundred Only) plus accrued interest.
  • Payment: The total compensation, after deducting any amount already deposited, must be deposited by the Tribunal within one month of receipt of this judgment; petitioners may withdraw the amount thereafter.
  • Costs: No order as to costs.
  • Miscellaneous: All pending miscellaneous petitions are stood closed.

Topics: Compensation, Motor Accident