THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
I.A.No.1 of 2019
IN/AND
M.A.C.M.A.No.3424 of 2019
JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)
Heard Mr.V.Atchutaram, learned counsel for the appellant and
perused the material on record.
2. I.A.No.1 of 2019 is filed for condonation of delay of 81 days in
filing the appeal.
3. On due consideration of the reasons stated in the accompanying
affidavit and also hearing the submissions made by the learned counsel
for the petitioner/appellant, we are of the considered opinion that a strong
case for allowing the I.A. has been made out.
4. Accordingly, the application stands allowed and the delay of 81
days in filing the appeal stands condoned.
5. With the consent of the learned counsel for the appellant the main
appeal was heard.
6. The appeal is preferred by the Telangana State Road Transport
Corporation (for short 'the Corporation'), challenging the award dated
27.03.2019
passed in M.V.O.P.No.601 of 2013 by the Motor Accidents 2 Claims Tribunal - cum - The Court of the Chief Judge, City Civil Court at Hyderabad (for short 'the Tribunal').
7. Vide the impugned award, the Tribunal has awarded the compensation of Rs.31,29,688/- with interest at the rate of 7.5% per annum.
8. The claimant in the instant case is Mr.A.Naga Babu, was the Head Constable in the Police Department who met with an accident on 20.04.2012 when he was hit by the bus belonging to the appellant Corporation i.e., bus bearing No.AP 11 Z 6765. As a result of the said accident, there was crush injury on the left limb of the claimant. In the course of treatment, the left limb of the claimant above the knee was required to be amputated and he was operated for the said reason on 06.06.2012.
9. The claim petition was filed under Section 166 of the Motor Vehicles Act, for the compensation in respect of the injury suffered by the claimant. In the course of the evidence, the claimants have examined PW-2, PW-3 and PW-4, the three doctors who had treated the claimant have found the disability @ 85%. The District Medical Board have assessed the disability @ 80%.
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10. The Tribunal in the course of computing the compensation has accepted the percentage of disability assessed by the District Medical Board and quantified the compensation accordingly.
11. There is no cross objection or a cross appeal filed by the claimant seeking for enhancement of the said compensation. The appellant in the instant case have raised a contention that the claimant was negligent which resulted in accident. It was also contended that since the claimant was the government employ, there has been no loss of earning capacity as such and for that purpose also the amount of compensation quantified needs to be interfered with.
12. However, perusal of the pleadings and the evidence which has come on record, undisputedly the claimant in the case met with an accident which occurred on 20.04.2012, the vehicle involved in the said accident was the bus belonging to the appellant-Corporation, i.e., bus bearing No.AP 11 Z 6765. Further, as a result of the said accident, the left limb of the claimant has to be amputated above knee. The District Medical Board which had examined the disability of the claimant had assessed the disability @ 80%.
13. In the light of the aforesaid admitted factual matrix of the case and the quantum of compensation assessed also being done taking percentage of disability @80% as has been certified by the District Medical Board, 4 we do not find any error on the part of the Tribunal in reaching to the said calculation and also quantifying the compensation at Rs.31,29,688/-. Another fact which needs to be considered at this juncture that the appellant corporation has not led any evidence in rebuttal in support of this contentions and in the absence of which also, we do not find any substantial material calling for an interference with the impugned award. Thus, the appeal fails and is accordingly rejected.
14. As a sequel, miscellaneous applications pending if any, shall stand closed.
_________________ P.SAM KOSHY, J _________________ N.TUKARAMJI, J 20.11.2023 Aqs