Telangana High Court
The Telangana State Road Transport ... vs N.Hemalatha Alias Sanjana on 23 January, 2024
Author: P.Sam Koshy
Bench: P.Sam Koshy, N.Tukaramji
THE HON'BLE SRI JUSTICE P. SAM KOSHY
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
M.A.C.M.A.No.706 of 2023
JUDGMENT:
(per Hon'ble Sri Justice P.SAM KOSHY)
Heard Sri Thoom Srinivas, learned Standing Counsel for
TSRTC appearing for the appellant and perused the entire
record.
2. The instant appeal has been filed by the appellant -
Corporation under Section 173 of the Motor Vehicles Act, 1988
assailing the judgment and decree dated 16.09.2022 passed in
M.V.O.P.No.516 of 2019 on the file of the learned Motor
Accidents Claims Tribunal - cum - XII Additional Chief Judge,
City Civil Court, Secunderabad, (hereinafter referred to as 'the
Tribunal').
3. Vide the impugned order dated 16.09.2022, the Tribunal
has awarded compensation of an amount of Rs.64,24,900/- to
the claimants with an interest @ 9% per annum from the date of
application till the date of deposit. It is this quantum of
compensation which has been challenged by the appellant in the
instant appeal.
4. The facts of the case are that when the deceased by name
Raju, was proceeding on his Motor cycle bearing No. AP-20AR- 2
PSK,J & NTR,J MACMA.No.706 of 2023
1926, he was hit by one RTC bus belonging to the appellant -
Corporation bearing registration No.AP-11Z-3808 being driven
by its driver with high speed in rash and negligent manner and
dashed to the Motorcycle from behind resulting in the deceased
receiving fatal injuries and died on the spot. The matter was
reported at the Police Station, Sanga Reddy District, where the
case was registered as Crime No.119 of 2019 for the offences
under Section 304-A of IPC. The deceased was aged around 27
years. The claimants are the widow, parents and the younger
brother of the deceased.
5. The challenge to the impugned Award by the appellant -
corporation is primarily on the ground that the Award has been
passed by the Tribunal heavily relying upon the statement of
PW-3, Cherla Manohar, who has deposed himself as an eye
witness of the incident. According to the learned counsel for the
appellant-Corporation, the said PW-3 in fact is a planted witness
to support the claim of the claimants and that he was in fact not
the eye-witness as his name is not reflect in the records of the
criminal case which was registered against the driver of the
offending vehicle for the said accident that took place on
20.08.2019. It was in addition argued that the Tribunal in the
course of passing of the Award has awarded interest at a higher 3 PSK,J & NTR,J MACMA.No.706 of 2023
rate i.e., 9% and the consortium amount awarded also is on the
higher side.
6. A perusal of the pleadings, particularly, the contents of the
impugned Award would go to reveal that PW-3, who was
examined himself before the Tribunal was extensively cross-
examined by the learned counsel for the appellant-Corporation
and nothing contradicting could be elucidated from this
evidence nor was there any sufficient material available on
record to either disbelieve the contention of PW-3 or to hold that
he was not an eye witness or was a witness who has been
planted to help the claimants. In the absence of any strong
material available on record or from the cross-examination of
the said PW-3, we do not find any strong case made out by the
Corporation calling for interference with the impugned Award.
We are also not convinced with the submissions and contentions
of the learned counsel for the appellant-Corporation so far as
the interest being on the higher side and also the amount of
consortium awarded being on the higher side. The rate of
interest as also the consortium awarded is in the opinion of this
Bench, strictly, in accordance with the prevailing practice and
also in terms of the judicial pronouncements that have been
passed in the recent past by the Hon'ble Supreme Court as also 4 PSK,J & NTR,J MACMA.No.706 of 2023
by various High Courts. Thus, we are of the considered opinion
that there are no merits in this appeal.
7. The Appeal thus fails and is accordingly dismissed. The
appellant-Corporation is expected to honour the Award passed
by the Tribunal at the earliest. There shall be no order as to
costs.
Miscellaneous applications pending, if any, shall stand
closed.
___________________ P. SAM KOSHY, J
___________________ N.TUKARAMJI, J Date: 23.01.2024 Pvt 5 PSK,J & NTR,J MACMA.No.706 of 2023
277 THE HON'BLE SRI JUSTICE P. SAM KOSHY AND THE HON'BLE SRI JUSTICE N.TUKARAMJI
M.A.C.M.A.No.706 of 2023 (per Hon'ble Sri Justice P.SAM KOSHY)
Date: 23.01.2024 Pvt
