The Gm. Apsrtc, Mushirabad, Hyd. vs Smt. S. Ranemma And 4 Others
2022 Latest Caselaw 162 Tel

          THE HONOURABLE JUSTICE G. SRI DEVI

                    M.A.C.M.A. No.3112 of 2008

JUDGMENT :

This appeal is filed by the Andhra Pradesh State Road

Transport Corporation aggrieved of the order and decree dated

07.06.2007 in O.P.No.159 of 2006 on the file of Motor Accident

Claims Tribunal-cum-Principal District Judge, Medak at Sangareddy.

2. On 24.12.2005, due to the rash and negligent driving of Bus

bearing No.AP-10-Z-646 by its driver, it dashed the motorcycle of the

deceased/Rajasekhar, due to which, the deceased sustained severe

injuries and died while shifting to the hospital.

3. The Tribunal, on examining the oral and documentary evidence

on record, partly allowed the O.P., awarding a total compensation of

Rs.4,38,000/- along with costs and interest @ 7.5% per annum from

the date of petition till the date of realization. Aggrieved thereby, the

appellant-A.P. State Road Transport Corporation has filed this appeal.

4. Heard both sides and perused the record.

5. The learned Standing Counsel for the appellant-Corporation

contended that the decree of the Tribunal is contrary to law, weight of

evidence and probabilities of the case; that the Tribunal has erred in

relying on the FIR and charge sheet in this case; that the Tribunal has

failed to see that the claimants have not established the nature of

accident and also the rash and negligent driving of the RTC Bus by its

GSD, J MACMA.No.3112 of 2008

driver and it is further contended that the Tribunal has failed to

appreciate that three persons were coming on the motorcycle in

opposite direction at a high speed and also on wrong side and in spite

of the driver of the Bus taking the bus to complete left side of the road

and applied brakes to stop the bus, the motorcyclist dashed the bus at

a high speed, therefore, there is negligence on the part of the rider of

the motorcycle. Accordingly, prayed for setting aside the impugned

order passed by the Tribunal.

6. On a perusal of the material on record and the order and decree

of the Tribunal, I am of the considered view that there are no valid

grounds to interfere with the findings of the Tribunal. The Tribunal,

after taking into consideration the material before it, has rightly

awarded the compensation amount of Rs.4,38,000/-. Therefore,

I do not find any illegality or infirmity in the well-reasoned order

passed by the Tribunal, warranting interference by this Court.

7. The appeal is devoid of merit and it is accordingly dismissed.

There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________ JUSTICE G.SRI DEVI Date: 21.01.2022

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