JUDGMENT :

V. GOPALA KRISHNA RAO, J.

1. The appellant is the Claimant in M.V.O.P. No. 210 of 2008 on the file of the Motor Accident Claims Tribunal-cum-V Addl. District Judge, Rayachoti, Kadapa District and the respondent is the respondent in the said case.

2. Both the parties in the appeal will be referred to as they are arrayed in claim application.

3. The claimant has filed a Claim Petition under section 163(A) of Motor Vehicles Act against the respondent/Corporation praying the Tribunal to award an amount of Rs. 1,50,000/- towards compensation to the injuries sustained by the petitioner in a Motor Vehicle Accident, that occurred on 17.07.2006 at 2:30 PM.

4. The claimant’s case is that on 17.07.2006 at about 2:30 p.m. while he was boarding in RTC bus bearing No. AP-10-Z-5682 of Rayachoti depot, (herein after be referred as ‘offending vehicle’) the Conductor of the said bus, without observing the boarding into the bus by the petitioner and others, gave signal to the driver of the bus to start the bus and the driver started the bus, suddenly moved further, as a result of which, the claimant fell down and sustained fracture injuries.

5. The respondent/APSRTC filed a counter denying the claim of the claimant and contended that on 17.07.2006, at about 2:45 p.m. offending vehicle (driven by one M.S. Reddy) stopped the bus at Charkrayapeta bus stop for allowing the passengers and after boarding of passengers; the service conductor S.K. Basha has closed the door and has given signal for moving the bus; then the driver started the bus in a very slow manner and the service conductor was issuing tickets in the bus after moving of bus; suddenly the petitioner himself opened the door of the RTC bus and tried to get down from the moving bus with an intention to go back for bringing some of his forgotten articles; in that process, the petitioner has failed his balance and fell down on the road; immediately the co-passengers shouted for stopping of the bus, the driver of the bus stopped the bus, went to Chakrayapeta police station and informed the matter to police stating that the accident was occurred only due to the negligence of the petitioner himself, who got down from the moving bus in a careless manner, without the knowledge of the conductor and driver of the bus. The respondent further pleaded that there is no negligence on the part of the driver or the conductor of the bus, hence the respondent/corporation is not liable to pay any compensation to the injuries sustained by the petitioner, the amount of compensation claimed by the petitioner is highly excessive. Hence, prays to dismiss the petition.

6. Based on the above pleadings, the Tribunal framed the following issues:

(1) Whether the driver of A.P.S.R.T.C. bus bearing No. AP-10-Z-5682 drove it in a rash and negligent manner on 17.07.2006 at 2:30 p.m. near Chakrayapeta bus stop and caused motor accident resulting in injuries to the petitioner i.e. T. Ramireddy?

(2) Whether the petitioner is entitled to compensation, if so, to what amount and from whom?

(3) To what relief?

7. On behalf of the petitioner, he himself examined as PW-1, got examined the doctors as PW-2 to 3 and Exs.A.1 to A.10 and Exs.X.1 and X.2 were marked through the petitioner. On behalf of the respondent/corporation, no evidence was adduced and no documents were marked.

8. After considering the evidence on record, the Tribunal has given a finding that the accident occurred due to involvement of the offending vehicle in the said accident and the petitioner has received grievous injuries due to the negligent act of the conductor of the A.P.S.R.T.C. bus, and the accident occurred due to the rash and negligent act of the conductor of the A.P.S.R.T.C. bus, without observing the passengers, who are boarding, gave a signal to start the bus and that the driver of the said bus, suddenly moved the bus, due to which, the Claimant fell down and received grievous injuries. Basing on the same, the Tribunal awarded compensation of Rs. 67,5