THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD
I.A.NO.1 OF 2019
IN/AND
MACMA NO. 1254 OF 2018
COMMON JUDGMENT:
I.A.No.1 of 2019 filed by RTC for being mentioned is
taken up and after hearing both sides, the appeal itself is
disposed of.
2. This appeal is directed by the RTC against the award
and decree dated 05.12.2017 passed by the Motor Accidents
Claims Tribunal-cum-I Additional District Judge,
Mahabubnagar in O.P.No.374 of 2014, whereby the tribunal
awarded compensation of Rs.10,60,000/- with interest @ 9%
per annum as against the claim of Rs.10,00,000/-.
3. For the sake of convenience, the parties herein are
referred to as arrayed in the tribunal.
4. Before the tribunal, respondent No.1, owner of the
pulsar bike bearing No.AP 23 Q 3372 set exparte. Respondent No.2 - RTC filed counter denying the claim of the petition.
5. In order to prove the case of the claimants, before the tribunal, the claimants examined PWs.1 and 2 and marked Exs.A.1 to A.5. No oral or documentary evidence was adduced on behalf of the respondents.
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6. Heard both sides.
7. Learned standing counsel appearing for the RTC contended that the compensation granted by the tribunal is on higher side and that when the claim petition is filed under Section 166(1) (c) of the M.V.Act, the claimant has to prove the negligence on the part of the driver of the crime vehicle, but he failed to prove the same and that while the rider of the bike trying to cross the bus, which was triple riding, lost control, fell on the road and sustained injuries and that the tribunal failed to consider the charge sheet filed by the police and the report given by a relative of the deceased that the accident was occurred due to negligence on the part of the deceased and hence, prayed to allow the appeal.
8. Learned counsel appearing for the claimants contended that the award passed by the tribunal is well considered and hence, prayed to dismiss the appeal.
9. The deceased was pillion rider on the vehicle of the 1st respondent, which got dashed the RTC bus. Having regard to the facts and circumstances of the case and on perusal of the record, the order passed by the tribunal is well considered on all aspects and needs no interference of this Court. However, the interest @ 9% per annum granted by the tribunal is on higher side is reduced to 7.5% per annum and accordingly, 3 the appeal is liable to be allowed in part. RTC is directed to deposit the compensation amount within two months from today and 75% of the liability can be recovered from the 1st respondent by filing an execution petition as rightly observed by the tribunal. Accordingly, I.A.No.1 of 2019 is closed.
10. In view of the above, the appeal is partly allowed. There shall be no order as to costs.
Miscellaneous petitions if any, shall stand closed.
_______________________ T.AMARNATH GOUD,J Date: 18.11.2019 kvrm