The Apsrtc, Mushirabad, Hyderabad. v. Kola Shiva Kumar

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD M.A.C.M.A. No.2552 of 2006 JUDGMENT:

This appeal is filed by the appellant/RTC questioning the order passed in O.P.No.428 of 2003 dt.07-08-2006 of the M.A.C.T.-cum-I Additional District Judge, Nalgonda (for short, the Tribunal). 2.

Brief facts of the case are that the claimant filed the claim petition against the appellant-RTC claiming compensation of Rs.1.50 lakhs for the injuries sustained by him in the motor accident occurred on 18-03-2003 due to rash and negligent driving of the driver of the RTC bus, at Aroor village.

3.

In the claim petition, the appellant-RTC filed a counter denying the allegations and contended that the amount claimed by the claimant is highly excessive and that it is not liable to pay any compensation and therefore prayed to dismiss the claim petition. 4.

After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the claimant sustained injuries due to the rash and negligent driving of the driver of the crime vehicle and accordingly granted an amount of Rs.1,00,000/- towards injuries and medical treatment as compensation. Aggrieved by the same, the claimant filed this appeal.

5.

Heard the learned Standing Counsel for the appellant and perused the material available on record.

6.

As seen from the case on hand, the appellant-RTC has not made out its case for reducing the compensation since there is no evidence on record either oral or documentary in support of its contention. Further, on perusal of the impugned order passed by the Tribunal, it is clear that the Tribunal after appreciating the oral and documentary evidence came to the conclusion and rightly granted compensation. I find no illegality or irregularity in the order passed by the Tribunal and therefore the order does not warrant any interference by this Court.

7.

Accordingly, the Appeal is dismissed. No costs. 8.

Miscellaneous petitions pending, if any, shall stand dismissed.

________________________ T.AMARNATH GOUD, J Date: 06-12-2019 kvr