The doctrine of res ipsa loquitur can be applied to infer negligence on the part of a bus driver in a motor vehicle accident.

CHENNAKESAV REDDY, J.

( 1 ) THIS appeal by the Andhra Pradesh State Road Transport Corporation arises out of an application filed by the respondent under section 110 A of the MOTOR VEHICLES ACT, 1988 before the Motor Accidents Claims tribunal-cum-District Judge Guntur, claiming a compensation of Rs. 50,000/- against the appellant referred to as the Corporation hereinafter.

( 2 ) THE relevant facts giving rise to the claim petition are these : on the night of 7th May, 1979 D. S. Sitarama Murty, an Assistant Engineer, i and P, Nagarjunasagar Canals, was travelling by the bus A. P. Z. 9740 belonging to the Corporation from Chilakuluripei to Hyderabad. Sitarama murty was seated in the rear seat of the bus to its extreme right. The bus reached Nagarjunasagar dam by about 1 A. M. on 8-5-1979. At the check-post lorries were parked on either side of the road. The driver of the bus drove the vehicle in a rash and negligent manner in between the two rows of stationed lorries. As a result, the rear part of the lorry hit the glass panes of the window frame at which Sitaramamurty was seated. Because of the force with which the impact took place, the sliding glass of the window frame fell on his right hand where he had kept his hand to balance himself and severed the right band. Only a stump of 8" was left. The victim was admitted into the Government Kamala Nehru hospital of the Nagarjunasagar dam. As the Doctors there felt that the hand of the victim had to be amputated, he was rushed to Hyderabad and was admitted in the Osmania General Hospital. As a bone was protruding, the right hand was amputated. Sitarama Murty, according to him, spent a sum of Rs. 3,500/- towards hii medical expenses and on his personal attendants. It appears he had to spend another sum of Rs. 10,000/- for an electronic hand. He then filed the claim petition under sec. 110-A of the MOTOR VEHICLES ACT, 1988 claiming a total compensation of rs. 50. 000/- against the Corporation for the permanent loss of his right hand and deprivation of future employment.

( 3 ) THE claim was resisted by the Corporation contending inter alia that the accident was not due to the rash and negligent driving of the bus by the driver, that the vehicle was being driven in a careful and proper manner and in any case the compensation claimed was excessive.

( 4 ) THE Claims Tribunal framed the following issues for enquiry on the pleadings of the parties :1. Whether the accident was due to the rash and negligent driving of the driver of the respondent ? 2. To what damages if any petitioner is entitled ?

( 5 ) THE Tribunal, on an effective evaluation of the entire evidence adduced in the case found that the accident was due to the rash and negligent driving of the bus by the driver R. W-1. On issue No. 2 the Tribunal held that the injured-claimant was entitled to a sum of Rs. 33,600/- for permanent disability incurred as a result of the amputation of his right hand and a sum of Rs. 3,000/- towards the medical expenses and the expenses on his personal attendants. In all a sum of Rs. 36,600/- was granted as compensation. The sum of Rs. 10,000/- claimed towards having an electronic hand was disallowed on the ground that there was no concrete evidence let in, in that regard. In granting the sum of Rs. 33,600/- for loss of the hand, the Tribunal relied on the provisions of the workmen s Compensation Act.

( 6 ) THE Corporation has now preferred this appeal while the claimant has preferred cross-objections claiming the balance of Rs. 13,400/- disallowed by the Tribunal.

( 7 ) THE first and foremost submission of the appellant s learned counsel is that the negligence on the part of the driver of the bus at the time of the accident has not been established. Secondly it is pleaded that the assessment of damages on the basis of the provisions of the workmen s Compensation Act was wholly improper and that the compensation awarded was excessive since the claimant could not establish real loss of earning power

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