The Ap State Road Transport Corporation v. Bommisetty Purnachandra Rao

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.405 OF 2010 JUDGMENT:

The 2nd respondent-APSRTC among the two respondents including the driver of RTC bus bearing No.AP 28 Z 0967 impugning the award of the tribunal dated 24.06.2009 in M.V.O.P.No.1251 of 2007 maintained by the Injured claimant of the alleged injuries sustained in the motor accident dated 25.08.2007 under Section 166 of the Motor Vehicle Act, 1988 (for short 'M.V. Act') on the file of the learned Chairman of the Motor Accidents Claims Tribunal-cum-I District Judge, at Khammam (for short, 'Tribunal') for a compensation of Rs.5,00,000/ - since awarded Rs.3,50,000/ - with interest at 7.5%p.a. by fixing liability against both the respondents, maintained the appeal.

2. The contentions in the grounds of appeal vis-à-vis the oral submissions of the learned counsel for the APSRTC in brief are that the tribunal grossly erred in not giving weight to the evidence of R.W.1 driver of the RTC bus which established that the accident was the result of no fault of the bus driver but for of the injured claimant while driving the motor cycle and the tribunal erred in fixing the liability on the RTC instead of exonerating for no fault of its bus driver in the accident and the compensation awarded is otherwise excessive and exorbitant and baseless on different heads, hence to set aside the award.

3. Whereas, it is the submission of the learned course for the claimant that the award of the tribunal holds good for this Court while sitting in appeal, there is nothing to interfere with the award of the tribunal.

4. Heard and perused the material.

5. As per the claim petition averments and the evidence on record of P.W.1 injured with no other eye witness examined in proof of the accident that while he was proceeding on his motor cycle bearing No.AP 05 7575 on 25.08.2007 at about 11.15p.m. near KTPSA colony at the last turning of the bus stand, due to the alleged rash and negligent driving of the R.W.1-RTC bus driver, the bus dashed the motor cycle of the claimant who fell down and sustained injuries vide Crime No.7 of 2007 which registered against the bus driver. The R.W.1-driver of the bus stated that there is no fault of him but for the negligence is on the part of injured claimant in sustaining the injuries. The accident took place at the turning point near Paloncha bus stand.

While the vehicles were proceeding in the opposite direction and the bus was entering into the depot unless there is contribution by the injured claimant also, it could not be the result that too at the turning near at the bus stand when the bus was entering into the bus stand proceeding with any negligence or high speed does not arise there. The mere fact that the FIR registered against the bus driver and the chargesheet Ex.A.2 FIR filed against him by itself is not the basis. Though the main negligence therefrom with reference to the evidence of P.W.1 injured is of the bus driver, there must be some contribution by the injured that too late night. So far as the contribution is concerned, in the factual matrix therefrom for no scene observation report or MVI report but for evidence of R.W.

1 shows the bike dashed left side of the front bumper of the bus and fell down. Had it been in the left side in the opposite direction, it is definitely on wrong side, thereby this Court feels it just in sitting appeal in reappreciation of the entire facts in the circumstances to fix 20% contribution of the claimant and only 80% of the bus driver.

conclusion can be supported by the expression of the Apex Court in Municipal Corporation Vs. Laxmanan Iyar1.

6. Now coming to the quantum, as per the evidence of P.W.1 injured and also the two doctors whom he examined as P.Ws. 2 and 3, that the claimant undergone extensive treatment in Kamineni Hospital, Hyderabad after taking initial treatment in Krishna Prasad's Orthopedic hospital, Kothagudem and Mamatha General hospital, Khammam. P.W.2 is the neurosurgeon of Yashoda Hospital, Hyderabad, who deposed that there is 60% loss of memory to the claimant from sustaining of the injury originally and after his treatment, it is restricted to 16% and for about one year the injured could not do any work but thereafter regained to some normalcy and there is a continuation of the treatment and future requirements of the treatment it may be necessity of the 96,000/ -. He certified the authenticity of the medical bills covered by Ex.A.

13 supported by the prescriptions. P.W.3 deposed that P.W.1 got Edima of both the eyes with discoloration due to blood collection below the skin despite surgery done to the mandible and fracture of arm and trechestony was also done to respiration after surgery prolong ventilation, apart from head injury with no fracture but there is a L5 vertebra fracture. The trial Court therefrom considered the bills and also the future medical report but disbelieving any disability because of P.W.2 clearly stated including from his cross-examination that P.W.1 gained normalcy with no any memory loss practically but for temporary memory loss. Hence, the tribunal considered for the medical bills of Rs.3,00,000/ - and Rs.50,000/ - towards other compensation. So far as awarding of Rs.

50,000/ - towards other compensation is concerned, for the fracture of radius Rs.20,000/ - and for the fracture of mandible Rs.20,000/ - and fracture of L5 vertebra Rs.

forehead and impact on the eye therefrom attendant and transport charges, extra nourishment and loss of earnings Rs.30,000/ - comes to Rs.3,80,000/ -. 80% of liability payable by the RTC comes to Rs.3,04,000/ - by reducing from Rs.3,50,000/ -.

7. In the result, appeal is allowed in part by modifying the liability of 80% on the appellant-APSRTC comes to Rs.3,04,000/ - out of compensation of Rs.3,80,000/ - by enhancing from Rs.3,50,000/ - granted by the tribunal. Rest of the award holds good. There is no order as to costs. Consequently, miscellaneous petitions, if any pending in this appeal, shall stand closed.

________________________ Dr. B. SIVA SANKARA RAO, J Date:30.12.2016 Vvr