Apsrtc., Hyd And Anr vs P.Shankar, Mahboobnagar Dist And Anr
2024 Latest Caselaw 3744 Tel

Telangana High Court

Apsrtc., Hyd And Anr vs P.Shankar, Mahboobnagar Dist And Anr on 10 September, 2024

           THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A.No.2741 of 2016

JUDGMENT:

Questioning the grant of compensation vide order dated

05.01.2016 in M.V.O.P.No.2169 of 2013 passed by the XIII

Additional Chief Judge (FTC), City Civil Court at Hyderabad, the

appellant/RTC has preferred this appeal.

2. Heard the learned Standing counsel for the

R.T.C/appellant and the learned counsel for

respondent/petitioner.

3. The manner in which the accident had taken place and

the injuries are not in dispute.

4. The case of the claimant is that while he was travelling

in APSRTC bus from Hyderabad to Mahaboobnagar, at that

time, one lorry wrongly parked in the middle of the road,

meantime, APSRTC bus driver drove the bus in rash and

negligent manner with high speed and dashed the lorry from

backside, due to which the claimant sustained fracture injuries.

5. The only ground raised by the learned counsel for the

RTC is that even according to the version of the claimant, the

lorry was parked on the road and without any indicators.

KS, J MACMA_2741_2016

6. The argument of the learned Counsel is negatived by

the FIR and charge sheet under Exs.A1 and A2. There is clear

indication that the bus driver is fault and the lorry was not

parked in the midst of the road without any signs. PW.1 did not

state in the Court that the lorry driver was at fault.

7. Accordingly, the appeal filed by the R.T.C is dismissed.

Pending miscellaneous petitions, if any, shall stand

closed.

__________________ K.SURENDER, J Date: 10.09.2024 mmr