Andhra Pradesh State Road Transport Corporation v. Master Kasya Ram Babu

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA MACMA.No.2076 of 2009 JUDGMENT:

The erstwhile Andhra Pradesh State Road Transport Corporation preferred the present appeal aggrieved over the amount of Rs.25,092/- granted as compensation by the award and decree, dated 21.07.2006, in O.P.No.737 of 2003 passed by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District & Sessions Judge (Fast Track Court), Ranga Reddy District (for short, 'the Tribunal'), as against the claim of Rs.1,00,000/- laid under Section 166 of the Motor Vehicles Act, 1988.

2.

The appellant herein is the respondent, while the respondent herein is the petitioner-claimant in the original petition. 3.

For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the original petition.

4.

Heard Sri N.Vasudeva Reddy, learned Standing counsel for the appellant - Corporation. Though, the sole respondent was served with notice, none appears for him.

5.

Of course not much argument was advanced by the learned Standing Counsel, keeping in view, that the discharge

summary - Ex.A4 issued by Osmania General Hospital would show that there were multiple fractures of both parietal bones and also right frontal bone. In view of the very fact that there were such serious injuries sustained by the petitioner, a minor boy of eight years, represented through his father as next friend, certainly, the amount of Rs.25,000/- granted by the Tribunal and Rs.92/- granted towards medical expenses, since he was treated in Osmania General Hospital, cannot be said to be excessive or exorbitant and, to say fairly, the amount awarded by the Tribunal is certainly, on lower side. Therefore, there is no merit in the present appeal. 6.

The appeal is, therefore, dismissed, confirming the award and decree under challenge in all respects. There shall be no order as to costs.

7.

As a sequel thereto, miscellaneous applications, if any pending in the instant appeal, shall stand closed. _________________________________ JUSTICE A.SHANKAR NARAYANA 17.09.2016 v v