The Chairman And Managing Director, ... vs Abdul Suban
2024 Latest Caselaw 608 Tel

Telangana High Court

The Chairman And Managing Director, ... vs Abdul Suban on 13 February, 2024

             THE HON'BLE SRI JUSTICE K.SURENDER

                    M.A.C.M.A. No.2617 OF 2006
JUDGMENT:

1. The Corporation-respondents filed this appeal against the

Order and Decree dated 26.11.2005 in M.V.O.P.No.1262 of 2002 on

the file of the Motor Accident Claims Tribunal-Cum-XXI Additional

Chief Judge, Nampally, Hyderabad, where under the Tribunal

granted an amount of Rs.4,43,000/- towards compensation along

with interest @ 7.5% per annum as against the claim of

Rs.8,50,000/- on account of the injuries sustained by the appellant

in the motor vehicle accident occurred on 10.04.2002.

2. The manner of accident and the injuries sustained by the

appellant-petitioner are not in dispute and the respondents

challenged the impugned award only on the quantum of

compensation awarded by the Tribunal. Therefore, this Court is not

inclined to go into other details other than the quantum of

compensation.

3. Heard the learned counsel for the respondents and the learned

counsel for the petitioner.

4. Briefly, the case of the petitioner is that while the petitioner

was proceedings on his scooter on 10.04.2002 along with his son, at

Nirankari Bhavan, Lakdikapool an RTC bus bearing No.AP-10-Z-985

came in the same direction in a rash and negligent manner with a

high speed and dashed his vehicle due to which, the petitioner

sustained injuries. As such, the claim of Rs.8,50,000/-was made.

5. The Tribunal examined P.Ws.1 to 4 and marked Exs.A-1 to

A-11 and found that the Driver of the bus was responsible for

causing accident and accordingly granted compensation of

Rs.4,43,000/-.

6. Learned counsel appearing for the Corporation would submit

that even according to the Tribunal, the Bus was coming in the

oppose direction, since there was head on collusion, the contributory

negligence has to be considered and compensation has to be halved.

He further argued that though the appellant claimed to be working

in the Food Corporation of India, no proof was filed.

7. Having gone through the record, Ex.A-1 is the original pay

certificate filed by the appellant. There is no dispute regarding

salary of the appellant. Further, the Tribunal found that the Driver

of the bus was in fact responsible for causing the accident as he was

driving in a rash and negligent manner resulting the claimant in

sustaining injuries.

8. In view of the evidence which was recorded during trial, the

finding of the Tribunal regarding negligence of the bus Driver cannot

be found fault with. There are no grounds to interfere with the

well reasoned award of the Tribunal granting compensation to the

appellant.

9. Accordingly, the Appeal is dismissed. There shall be no order

as to costs. Miscellaneous petitions pending, if any, shall stand

closed. No costs.

__________________ K.SURENDER, J Date : 13.02.2024 dv