THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
M.A.C.M.A. No.4062 of 2014
JUDGMENT:
This appeal is preferred by the Road Transport Corporation, questioning the order and decree, dated 27.11.2012 passed in M.V.O.P.No.2400 of 2010 on the file of the Motor Vehicle Accident Claims Tribunal- cum-XIV Additional Chief Judge (Fast Track Court), City Civil Courts, Hyderabad (for short, the Tribunal).
2. For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.
3. Brief facts of the case are that the petitioner filed a petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.15,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 03.09.2010. It is stated that on 03.09.2010 while the petitioner was going on foot from Putlibowli towards CBS side and when he reached 2 MGP, J Macma_4062_2014 near CBS, R.T.C. Bus bearing No.AP 28 Z 0179 being driven by its driver in a rash and negligent manner at high speed, dashed the petitioner, due to which the petitioner sustained crush injury to his right leg and foot, injury on head and other injuries all over the body. Basing on a complaint, a case in Crime No.737 of 2010 was registered by the Police, Afzalgunj, Hyderabad against the driver of the said RTC bus. The petitioner filed aforesaid O.P. against respondent Nos.1 and 2, being the owners of the RTC bus.
4. Considering the claim and the counters filed by the respondents, and on evaluation of the evidence, both oral and documentary, the learned Tribunal has allowed the O.P. and awarded compensation of Rs.15,00,000/- with interest at 7.5% per annum. Challenging the same, the present appeal has been filed by the R.T.C.
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5. Heard both sides and perused the record.
6. A perusal of the impugned judgment would show that the Tribunal has framed issue No.1 as to whether the accident had occurred due to rash and negligent driving of the vehicle by its driver, and after considering the evidence of P.W.1 coupled with the documentary evidence i.e., Ex.A1, First Information Report and Ex.A2, charge sheet, the tribunal has categorically observed that the accident has occurred due to the rash and negligent driving of the driver of the R.T.C. bus bearing No.AP 28 Z 0179 and has answered the issue in favour of the petitioner and against the respondents. Therefore, I see no reason to interfere with the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the driver of R.T.C. bus bearing No.AP 28 Z 0179. 4
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7. Insofar as the quantum of compensation is concerned, a perusal of the record reveals that the petitioner has sustained crush injury to his legs and his right leg was amputated below the knee. As per Ex.A5, disability certificate, issued by the Medical Board, Gandhi Hospital, Secunderabad, the petitioner has sustained 60% permanent disability. P.W.2, who is the Assistant Professor in Orthopedic, Gandhi Hospital, Secunderabad, in his evidence, categorically deposed that he is one of the member of the Medical Board and Ex.A5, disability certificate, was issued by their hospital authorities and according to Ex.A5, the petitioner has sustained 60% permanent disability as the right leg of the petitioner was amputated below the knee level. P.W.3 in his evidence deposed that the petitioner was working as Technician-C in D.L.R.L. Khairatabad with I.D.No.T-856 and Ex.A7 is the salary certificate of the petitioner. P.W.3 further deposed that 5 MGP, J Macma_4062_2014 as per the office record, the salary of the petitioner was Rs.25,540/- as on 13.04.2011. Therefore, taking into consideration all the aspects i.e., 60% disability sustained by the petitioner, nature of treatment undergone by him, medical expenses, extra nourishment and pain and suffering, the Tribunal has rightly awarded an amount of Rs.15,00,000/- with interest @ 7.5% per annum. Therefore, I see no reason to interfere with the award passed by the Tribunal and the appeal is liable to be dismissed.
8. Accordingly, the M.A.C.M.A. is dismissed confirming the award and decree passed by the Tribunal. There shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
_______________________________ JUSTICE M.G. PRIYADARSINI 26.10.2022 tsr 6 MGP, J Macma_4062_2014