JUDGMENT :

1. This appeal is preferred by the Appellant/APSRTC, challenging the award dated 05.01.2015 passed in M.V.O.P.No.32/2013 on the file of Motor Accidents Claims Tribunalcum- I Addl.District Judge, Chittoor, (for short ‘the Tribunal’), wherein the Tribunal while partly allowing the petition, awarded compensation of Rs.9,25,000/- with interest @ 7.5% p.a. from the date of petition, till the date of realisation for the injuries sustained by her in a motor vehicle accident.

2. For the sake of convenience, the parties will be referred to as parties in the M.V.O.P.

3. As seen from the record, originally the petitioner filed an application U/s.166 of the Motor Vehicles Act, 1988 (for brevity “the Act”) claiming a compensation of Rs.10,00,000/- on account of the injuries sustained by the petitioner in a motor vehicle accident that occurred on 23.04.2011.

4. The facts would show that on 23.04.2011 the petitioner boarded APSRTC Bus bearing No.AP11Z 3790 at Kotha Road Bus Stop to go to college, and at about 09.40 a.m. the bus was proceeding towards Chittoor, and when it reached Bangapalli railway gate, the driver drove the same in a rash and negligent manner and dashed road side tamarind tree, as a result of which, the front portion of bus was badly damaged, the inmates of bus sustained injuries and out of them, two or three persons died and the petitioner who was standing in front of bus sustained injuries on her abdomen and also sustained other bleeding injuries all over body, she fell unconscious and shifted to Government Hospital, Chittoor, and later she was shifted to CMC Hospital, Vellore. SI of Police, Puthalapat P.S. registered a case in Cr.No.45/2011 for the offence punishable U/s.279, 337 and 304-A of Indian Penal Code against the driver of APSRTC bus. Due to accident, the petitioner sustained open would in right iliac region of abdomen with evisceration of bowl loops and the bowel (intestines) loops showed ischemic changes, and also sustained a fracture of left clavicle. She underwent operation due to injury to abdomen and she could not evacuate shit in the normal way. So, doctors inserted a separate bag for collection of shit. On that advice of doctors, she admitted in hospital again on 17.01.2012 and she was found developed an anastigmatic dehiscence and required re-laparotomy and re-stoma. The second surgery was conducted and she was diagnosed with multiple intra-abdominal collections. The petitioner spent Rs.3,00,000/- for treatment, transportation, medicines etc and still she is using a separate bag for collection of shit. At the time of accident, the petitioner was studying First Year B.Tech Course and due to prolonged treatment, she could not attend and lost her education.

5. Before the Tribunal, the respondent/APSRTC, filed written statement, while traversing the material averments with regard to manner of accident, rash and negligence on the part of the driver of the crime vehicle, nature of injuries, medical expenditure, liability to pay compensation, and contended that while the bus was coming in slow and caution manner, one lorry which is going in front of the bus was suddenly stopped and the driver of the bus turned the bus to right side and dashed the road sided tamarind tree, and hence, the petitioner sustained injuries. The driver of bus made his best efforts to avoid the accident, but failed beyond his control. The petitioner spent an amount of Rs.3,00,000/- towards medical treatment is not correct and she is put to strict proof of the same.

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

1. Whether the accident in question was caused due to the rash and negligent driving of the driver of APSRTC Bus bearing No.AP11Z 3790?

2. Whether the petitioner is entitled for any compensation? If so, to what amount and from whom?

3. To what relief?

7. To substantiate claim, the petitioner examined P.Ws-1 and 2 and got marked Exs.A-1 to A-7 and Exs.X-1 to X-9. On behal