Andhra Pradesh State Road ... vs Akula Sriramachandramurthy And ...
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                  THE HON'BLE JUSTICE G. SRI DEVI

                        M.A.C.M.A. No.1173 of 2014

JUDGMENT:

This appeal is preferred by the appellant-R.T.C., questioning

the order and decree, dated 29.01.2013 passed in M.A.T.O.P.No.474

of 2010 on the file of the Motor Vehicle Accidents Claims Tribunal (II

Additional District Judge-F.T.C.I), Khammam (for short, the

Tribunal).

2. For the sake of convenience, the parties have been referred to

as arrayed before the Tribunal.

3. The claimant filed a petition under Section 166 of the Motor

Vehicles Act claiming compensation of Rs.6,00,000/- for the injuries

sustained by him in a motor vehicle accident. It is stated that on

09.07.2008, the claimant was boarded R.T.C. bus No.AP 28 Z 648 at

Khammam in order to go to Bhadrachalam and when the bus reached

near Polavaram Village, the 1st respondent drove the said bus in a

rash and negligent manner at high speed and dashed back side of the

bus to a tree, due to which, the claimant, who sat on right side of the

back seat in the bus, sustained fractures to both bones of right

forearm and multiple injuries all over the body. The claimant filed

aforesaid O.P. against respondent Nos.1 and 2, being driver and

GSD, J Macma_1173_2014

owner of the aforesaid Bus, respectively, claiming compensation of

Rs.6,00,000/- for the disability sustained by him.

4. Before the Tribunal, the 1st respondent remained ex parte.

5. The 2nd respondent also filed counter denying the averments of

the claim petition and contended that the amount claimed is

excessive and prayed to dismiss the claim petition.

6. After considering the oral and documentary evidence on

record, the Tribunal came to the conclusion that the accident

occurred due to the rash and negligent driving of driver of the Bus

and awarded total compensation of Rs.3,85,000/- with interest @

7.5% per annum. Aggrieved by the said order, the appellant-R.T.C.

filed the present appeal.

7. Heard Sri B.Mayur Reddy, learned Standing Counsel for the

appellant, Sri M.V.Hanumantha Rao, learned Counsel appearing for

the appellant and perused the record.

8. A perusal of the impugned order reveals that insofar as the

manner in which the accident took place, the Tribunal has framed

the Issue No.1 as to whether the accident had occurred due to rash

and negligent driving of the driver of the R.T.C. bus bearing No.AP 28

GSD, J Macma_1173_2014

Z 649, to which the Tribunal has categorically observed that the

accident has occurred due to the rash and negligent driving of the

driver of the RTC bus and has answered in favour of the claimant and

against the respondents. Insofar as the quantum of compensation is

concerned, the Tribunal passed a well considered order by taking into

consideration all the aspects i.e., the injuries sustained by the

claimant, nature of treatment undergone by him, medical expenses,

extra diet and pain and suffering, the Tribunal awarded an amount

of Rs.3,85,000/- with interest @ 7.5% per annum. Therefore, I see no

reason to interfere with the order of the Tribunal and the appeal is

liable to be dismissed.

9. Accordingly, the M.A.C.M.A. is dismissed confirming the order

and decree passed by the Tribunal. There shall be no order as to

costs.

Miscellaneous petitions, if any, pending shall stand closed.

__________________ JUSTICE G. SRI DEVI 07.06.2022 gkv