The Managing Director, Apsrtc., v. Guguloth Ramulu

HONOURABLE SRI JUSTICE T.AMARNATH GOUD M.A.C.M.A.No.75 of 2012 JUDGMENT:

This appeal is filed by the APSRTC under Section 173 of the Motor Vehicles Act aggrieved by the orders passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Khammam (for short 'the Tribunal), in O.P.No.510 of 2004 dated 17.07.2007.

2. For the sake of convenience, the parties herein are referred to as arrayed in the Court below.

3. The brief facts of the case are that on 12.12.2003 while the claimant was going by his Safar Moped bearing No.AP-20-A9750 at about 08.30 AM, the driver of the APSRTC bearing No.AP10-Z-9370 drove the same in a rash and negligent manner and dashed the claimant, due to which he fell down and sustained injuries and took treatment for a period of 40 days. Due to the injuries, he lost his two months salary and spent huge amount towards medical expenses and not able to attend to his normal duties and suffered disability.

4. The Tribunal after framing the issues and examining the witnesses, allowed in part the claim of the claimant and awarded an amount of Rs.1,40,000/- against the claim of Rs.1,50,000/-. Aggrieved by said award, the insurance company preferred the present appeal.

TA,J MACMA.No.75 of 2012

5. Learned counsel for the appellant-APSRTC contended that the compensation awarded by the Tribunal is excessive and sought to set aside the award of the Tribunal by allowing the appeal.

6. Learned counsel for the respondents supported the award of the Tribunal and sought to dismiss the appeal.

7. From perusal of the record, the award of the Tribunal is well considered and requires no interference of this Court and the appeal is liable to be dismissed.

8. Accordingly and in the result, this Appeal is dismissed by confirming the order of the Tribunal. No costs. Miscellaneous petitions if any shall stand closed. ________________________ T.AMARNATH GOUD, J Date: 23.12.2019 ska