Telangana High Court
MACMA/2533/2006 of The APSRTC, Vs Chanrapaka , Chandrapalle Sravan Kumar on 30 December 2010
SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.2533 of 2006 JUDGMENT: The appeal is filed by the Andhra Pradesh State Road Transport Corporation Limited, challenging the order dated 04.07.2006 passed in O.P.No.314 of 2005 on the file of the court of V Additional District Judge, Karimnagar. The
HON’BLE SRI JUSTICE GHULAM MOHAMMEDM.A.C.M.A.No.2533 of 2006
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT:
The appeal is filed by the Andhra Pradesh State RoadTransport Corporation Limited, challenging the order dated04.07.2006 passed in O.P.No.314 of 2005 on the file of thecourt of V Additional District Judge, Karimnagar.
The facts stated are that on 22.10.2004 at about 5.25A.M. when the claimant and his friend reaching near GeethaBhavan Chowrastha, on a motor cycle, an APSRTC busbearing No.AP-11-Z-3194 driven by its driver/R-1 with highspeed, in a rash and negligent manner dashed against theirmotor cycle. As a result of which, the claimant fell down andsustained fractures and also head injury. Hence, the claimantfiled the above said O.P. under Section 166 (1) (a) of MotorVehicles Act, 1988 claiming compensation of Rs.7,00,000/- forthe injuries sustained by him.
Before the Tribunal, respondent No.1-driver of the busremained ex parte. Respondent No.2 filed its counter denyingthe allegations made in the petition. It was further contendedthat the driver was driving the bus from Hanmakonda toNizamabad and while taking turn near Geetha BhavanChowrastha at Karimnagar, motor cycle of the claimant came ina wrong direction and dashed against the left side of the busand fell down. There was no negligence on the part of thedriver and respondents are not liable to pay the compensation.
Based on the rival claims, necessary issues were framed.
On behalf of the claimant, PWs 1 and 2 examined and Exs.A.1to A.13 were marked. On behalf of the respondents R.W.1 wasexamined and no documents were marked.
On consideration of evidence on record, the Tribunal heldon the Issue No.1 that the accident occurred due to rash andnegligent driving of the driver of the APSRTC bus and awardeda sum of Rs.2,23,000/- with 6% interest per annum from thedate of petition till the date of realization. Aggrieved by thesame, Corporation filed this appeal.
Heard both sides and perused the material madeavailable on record.
Learned Standing counsel appearing for theappellant/Corporation submits that the Tribunal has notexamined the eye witnesses and had erred in awarding acompensation of Rs.1,23,000/- on the head of medicalexpenses, in the absence of oral evidence. He also submitsthat there is no proof to show that the claimant-1[st] respondent isgetting an income of Rs.10,000/- per month.
As seen from the record, the accident occurred on22.10.2004 and the claimant underwent surgeries andtreatment for 16 days in PIMS, Nagnoor. Later, he wasadmitted as inpatient from 07.02.2005 to 15.02.2005 in NIMS,Hyderabad. He engaged an attendant by paying Rs.2,000/- permonth for six months and he spent Rs.2,00,000/-. Before theaccident, the claimant worked as Waiter in PennensularOriental Navigation Company, South Hampton, UK and used toearn @ 220 pounds per month. The Tribunal has rightly heldthat the claimant has got valid Visas and got potentiality to go toabroad and earn money. So, fixed the monthly income of the claimant at Rs.10,000/- per month. Therefore, the Tribunal hasrightly granted compensation of Rs.2,23,000/-. Hence, I see noreasons to interfere with the order of the Tribunal and theappeal is liable to be dismissed.
Accordingly, the appeal is dismissed. There shall be noorder as to costs.
30[th] December, 2010.
___________________
GHULAM MOHAMMED,J
PNV