The insurance company is liable to pay compensation for an accident involving a vehicle hired to APSRTC, as per the provisions of Section 149 of the Motor Vehicles Act, 1988.

JUDGMENT:

This appeal is preferred by the 2nd respondent/National Insurance Company Limited, Guntur, challenging the award dated 24.01.2014 passed in M.V.O.P.No.945/2011 on the file of Motor Accidents Claims Tribunal-cum-II Addl.District Judge, Guntur, wherein the Tribunal while partly allowing the petition, awarded compensation of Rs.8,83,764/-with interest @ 9% p.a. from the date of petition, till the date of deposit, to the claimant for the injuries sustained by the claimant in a motor vehicle accident.

2. For the sake of convenience, the parties are arrayed as parties in the lower Court.

3. As seen from the record, originally the petitioners filed an application U/s.166 r/w.455 of Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.15,00,000/-on account of the injuries sustained by the petitioner in a motor vehicle accident occurred on 20.12.2010.

4. The facts show that the petitioner is third year B.Tech student in Amara College of Engineering, Narasaraopet. On 30.12.2010, when he was trying to get into Omni bus bearing No. AP 7Y 4578 at Taluka Bus Stop, Sattenapalli, the driver of the bus moved the same in a rash and negligent manner with high speed, as a result, the petitioner fell down from the bus steps and received grievous injuries all over the body. The injured was shifted to Government Hospital, Sattenapalli and from there to Life Hospital, Guntur, for better treatment. The injured spent Rs.6,50,000/-towards hospital and medical expenses and due to the said accident, the injured was unable to walk. The injured sustained injuries on his testicles and lost his reproduction capacity.

5. Before the Tribunal, the 1st respondent/driver filed written statement, contending that he is the owner of Omni Bus bearing No.AP 7Y 4578 and he paid IMT 44 to the Insurance Company. The 2nd respondent/Insurance Company alone is liable to pay the amount. The driver of the bus was having a valid driving license. The driver of the bus is not responsible for the accident. The petitioner is responsible for the accident.

6. The Appellant/Insurance Company, who is the 2nd respondent in the petition, filed written statement resisting while traversing the material averments with regard to proof of age, avocation, monthly earnings of the injured, manner of accident, rash and negligence on the part of the driver of the crime bus, nature of injuries, medical expenditure and liability to pay compensation and contended that as private bus was hired to APSRTC, RTC alone is liable to pay compensation and the amount claimed is excessive.

7. The 3rd respondent/APSRTC filed counter denying the allegations made in the petition, and further contended that there is no rash or negligence on the part of driver of the bus at the time of accident. The accident was occurred due to the negligence of the petitioner himself. As per the agreement between the 1st respondent and the 3rd respondent, the 1st respondent alone is liable to pay the compensation. The petitioner has not sustained any permanent disability and his earning capacity is not affected.

8. On the strength of the pleadings of both parties, the Tribunal framed the following issues:

1. Whether the accident occurred due to rash and negligent driving of the vehicle i.e., Omni Bus bearing No.AP 7Y 4578?

2. Whether the petitioner is entitled to compensation, and if so to what amount and against whom?

3. To what relief?

9. To substantiate their claim, the petitioners examined P.Ws-1 to 4 and got marked Exs.A-1 to A-12. No oral evidence was adduced on behalf of the respondents, but Exs.B-1 and B-2 documents were marked with consent.

10. The Tribunal, taking into consideration the evidence of P.Ws-1 to 4, coupled with Exs.A-1 to A-12, held that the accident took place due to rash and negligent driving of the driver of the Omni bus, and further, taking into consideration of the evidence of P.Ws-1 to 4 corroborated by Exs.A-1 to A-12, awarded a compensation of Rs.8,83,764/-with interest @ 9% p.a.