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

Order Date: 02 November 2026

Case Overview

  • Parties: Appellant – Sahik Nasar Vali (resident of Guntur); Respondents – Pathakanuru Prathap Chowdary (owner of lorry No.AP 21 TT 9789), Sri Ram General Insurance Co Ltd, P Chinna Srinivasa Reddy, The Oriental Insurance Co Ltd.
  • Nature of Proceeding: Motor Accident Civil Miscellaneous Appeal No. 665/2017 under Order 41 of CPC, challenging the Motor Accidents Claims Tribunal’s decree dated 13‑06‑2016 (MVOP No.1195/2012) which awarded Rs 70,813 compensation.
  • Background: On 14‑12‑2011, at ~8 PM, the petitioner was alighting from a stationary lorry (No.AP 27 Y 5389) when the moving lorry (No.AP 21 TT 9789) driven rashly collided with it, causing multiple grievous injuries. A criminal case (No.267/2011) was filed under IPC 338 (later noted as 304‑A) against the driver.
  • Contentions: Petitioner's grounds – Tribunal’s award was illegal, evidence not properly considered, income of Rs 3,200 /‑ per month ignored, and higher amounts for permanent disability, loss of earnings, conveyance, and pain & suffering should be granted. Respondents denied negligence, claimed driver lacked a valid licence, and argued insurer not liable.
  • Evidence: Petitioner examined as PW‑1; independent witnesses PW‑2 (Dr A. Jaganmohan Reddy) and PW‑3 (Dr P. Nagarjuna Rao) testified to injuries (fracture of nasal bone, right hip deformity). Medical documents (Ex A3‑A6) showed treatment cost Rs 45,813. Police FIR and charge‑sheet (Ex A1‑A2) established driver’s rash driving. Respondent 2 produced licence‑absence evidence (Ex X2‑X3) showing driver Kompally Srinivasulu had no licence.
  • Legal Provisions: Section 163‑A of the Motor Vehicles Act (compensation of Rs 2.5 Lakh for grievous hurt) and relevant Supreme Court precedents (M.G.DIR v. Sarojamma, National Insurance Co. Ltd. v. Swaran Singh, United India Insurance Co. Ltd. v. Sujata Arora, Oriental Insurance Co. Ltd. v. Bhimala Pavan Kumar) regarding insurer liability when driver is unlicensed.

Final Outcome

  • The appeal is allowed. Compensation is enhanced from Rs 70,813 to Rs 2,50,000, with interest at the same rate as awarded by the Tribunal, payable by respondent No.1 (Pathakanuru Prathap Chowdary).
  • The petitioner must receive the awarded amount plus accrued interest within one month of receiving the judgment copy, after deducting any amount already deposited.
  • Claims against respondents No.2 to No.4 (the insurance companies and the third individual) are dismissed.
  • No order as to costs.
  • All pending miscellaneous petitions, if any, stand closed.

Topics: Motor Accident Compensation, Insurance Liability