Telangana High Court
Telangana State Road Transport ... vs Nagnuri Narsaiah , Nagam Narsaiah on 24 November, 2025
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
M.A.C.M.A.No.548 of 2019
JUDGMENT:
This appeal, under Section 173 of the Motor Vehicles Act,
1988, is filed by the appellant-Telangana State Road Transport
Corporation, challenging the award and decree dated 03.08.2018
passed in M.V.O.P.No.372 of 2015 by the Additional Motor Accident
Claims Tribunal-Cum-Judge, Family Court-Cum-IV Additional
District and Sessions Judge, at Adilabad (hereinafter referred to as
"the Tribunal"), whereby the Tribunal awarded compensation
of Rs.7,22,720/- together with interest @ 7.5% per annum, for the
injuries sustained by the respondent No.1 herein (hereinafter referred
to as "the claimant") in a motor vehicle accident.
2. The brief facts of the case are that the claimant was a shepherd
and on 07.10.2013 he was proceeding to Chincholi-B village after
grazing sheep and goats by walk and when he reached at Maheswara
School, at about 21.30 hours, all of a sudden one TSRTC bus bearing
No.AP-28Z-2595 came in a rash and negligent manner at high speed,
dashed the claimant from his backside due to which the claimant fell
down and sustained multiple injuries including amputation of right
lower limb. The Police, Sarangapur registered a case in Crime No.118
of 2013 under Section 337 of IPC against the driver of TSRTC Bus
and subsequently filed a charge sheet under Sections 337 and 338 of
IPC. The claimant filed the aforesaid claim petition before the
Tribunal, under Section 166 (1) (a) of the Motor Vehicles Act, 1988
claiming compensation of Rs.3,00,000/-. The Tribunal, on
appreciation of the oral and documentary evidence, held that the
accident occurred due to negligence of the bus driver and awarded
compensation of Rs.7,22,720/- together interest @ 7.5% per annum.
3. The Learned Standing Counsel for the appellant-corporation
contended that there was no negligence on the part of the bus driver;
that the Tribunal erred in taking the age of the claimant as per
Ex.A7; that no cogent evidence was produced regarding age,
occupation, and income; and that the Tribunal was not justified in
applying multiplier '13'. It is further argued that the Tribunal erred in
granting compensation of Rs.7,22,720/- which is over and above the
amount claimed by the claimant.
4. On the other hand, learned counsel for the claimant/
respondent No.1 herein submits that the Tribunal after analyzing the
entire evidence granted just and reasonable compensation and the
same does not warrant any interference.
5. Considered the submissions of the learned counsel for the
parties and perused the record.
6. A careful examination of the record discloses that the
documentary evidence, in the form of FIR clearly establishes the
involvement of the RTC bus and negligence of its driver. There is no
material to dislodge the finding of the Tribunal on this aspect.
Therefore, the finding on negligence does not call for any interference.
7. Coming to the quantum of compensation, the Tribunal adopted
notional income of Rs.4,500/- per month keeping in view the nature
of avocation of the claimant. This assessment is consistent with the
settled principles and the same cannot be termed unreasonable. The
disability certificate (Ex.A7) issued by the Medical Board shows that
the claimant suffered 90% permanent disability due to amputation of
the right lower limb. The Tribunal applied multiplier '13' based on the
age mentioned therein. Having regard to the nature of disability and
the evidence on record, the computation made by the Tribunal is in
accordance with settled principles.
8. In view of the aforesaid discussion, this Court does not find any
illegality, irregularity, or perversity in the assessment made by the
Tribunal. The compensation awarded does not appear excessive.
Therefore, no grounds are made out to interfere with the impugned
award.
9. In the result, this appeal is dismissed. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall
stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
Date: 24.11.2025
Bw
