The Depot Manager And Another v. K Suresh

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD M.A.C.M.A. NO.348 OF 2014 JUDGMENT:

This appeal is preferred by the appellants/RTC against the order and decree dated 17.04.2013 in M.V.O.P.No.2591 of 2011 passed by the Motor Accidents Claims Tribunal-cum- XIII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad (for short, the Tribunal).

2.

The brief facts of the case are that on 17.07.2011 at about 4.30 PM.,, while the petitioner was waiting for a bus at Maogiligidda bus stop, the RTC bus bearing No.AP11Z 3507 came to the bus stop and when the petitioner was about to board the bus, the driver of the bus, drover the same in a rash and negligent manner, as a result, the petitioner fell down and sustained injury to his left leg and other injuries all over the body and he sustained fracture of proximal tibia. The petitioner filed a petition, claiming compensation of Rs.2,00,000/- for the injuries sustained by him. 3.

The respondents filed a counter denying the allegations and stated that the RTC is not liable to pay any compensation and therefore prayed to dismiss the claim petition. 4.

During the course of trial, the claimant examined P.Ws.1 and 2 and got marked Exs.A1 to A7. On behalf of the respondents, no oral or documentary evidence was adduced.

5.

After considering the material on record and the evidence adduced by the claimant, the Tribunal allowed the O.P. in part and awarded an amount of Rs.1,50,000/- with interest at 6% per annum from the date of petition till the date of realization payable

by the respondents 1 and 2 jointly and severally. Aggrieved by the said order, the RTC preferred the present appeal. 6.

Heard.

7.

A perusal of the order reveals that the Tribunal has passed a well considered order by taking into consideration the oral and documentary evidence adduce on behalf of both the parties. Hence, I see no reason to interfere with the said order and therefore, the appeal is liable to be dismissed.

8.

Accordingly, the Motor Accident Civil Miscellaneous Appeal is dismissed. Miscellaneous Petitions pending, if any, shall stand closed. No order as to costs.

_______________________ T.AMARNATH GOUD,J Date: 15-02-2019.

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