IMPORTANT POINT
Compensation for permanent disability must reflect the actual impact on earning capacity and consider the claimant's socio-economic background.

JUDGMENT:

Sumathi Jagadam, J.

This appeal is filed by the Andhra Pradesh State Road Transport Corporation (APSRTC) represented by its General Manager, Musheerabad, Hyderabad, against the order dated 19.04.2010 passed by the Chairman, Motor Vehicle Accidents Claims Tribunal - cum - III Additional District Judge, Tirupati, (hereinafter referred to as “the Tribunal”) in M.V.O.P.No.31 of 2008, awarding compensation of Rs.4,78,400/- to the respondent herein/claimant as against his claim of Rs.5,00,000/-.

2. For the sake of convenience and to avoid confusion, the parties hereinafter will be referred as they are arrayed before the Tribunal.

3. The case of the claimant is that on 23.02.2007 at about 10.30 a.m., one Sri Muniraja as a rider and the claimant and another as pillion riders were going to Tiruchanur on a Yamaha motorcycle bearing No. AP 03S 2586, and when they reached near Padmavathi Kalyanamandapam, an A.P.S.R.T.C bus bearing No. AP 11Z 1732 came in the opposite direction in a rash and negligent manner and dashed the motorcycle, as a result of which, the rider of the motorcycle died on the spot, and the claimant sustained grievous injuries. Immediately after the accident, the claimant was admitted to S.V.R.R.G.G. Hospital, Tirupati, and later, he took treatment in a private hospital. The claimant sustained a lacerated wound over the upper aspect of the right leg, deformity, swelling and tenderness over the right thigh and multiple other injuries. The right leg of the claimant was amputated up to knee level. The claimant was working as a Mechanic at Tirumala Hills and is earning Rs.200/- per day as of the date of the accident.

4. The case of the respondent-APSRTC is that the bus was proceeding to Padmavathi Bus Station, Tirumala, after picking up passengers from S.V. Bus Station. On observing a motorcycle coming in the opposite direction at high speed, the driver of the bus swerved to the extreme left side margin of the road, applied brakes, and completely stopped the bus. Despite that, the motorcycle dashed the right side bumper of the bus, resulting in injuries to the claimant. Therefore, there was no negligence on the part of the driver of the bus, and there was contributory negligence on the part of the rider of the motorcycle. Hence, the respondent is not liable to pay any compensation.

5. Based on the above pleadings, the Tribunal framed the following issues for trial:

1. Whether the pleaded accident occurred and if so, was it due to the fault of the driver of the A.P.S.R.T.C. bus bearing No. AP-11Z-1732 of respondent? 2. Whether the petitioner suffered injuries and entitled to compensation and if so to what amount?

3. To what relief?

6. In order to establish his claim, the claimant examined himself as P.W.1 got the Doctor examined as P.W.2, and marked documents as Exs.A.1 to A.4. No oral or documentary evidence was adduced on behalf of the respondent.

7. The Tribunal, by an order dated 19.04.2010, allowed the claim petition by granting compensation of Rs.4,78,400/- with proportionate costs and interest at 6% p.a. from the date of petition till the date of deposit. Questioning the same, the present appeal is filed by the respondent-APSRTC.

8. Learned counsel for the appellant-APSRTC would contend that after noticing the motorcycle's speed, the bus driver applied brakes and stopped the bus. In spite of that, the rider of the motorcycle, in the process of crossing the bus, dashed the right side bumper of the bus; there is no negligence on the part of the driver of the bus; the Tribunal has given much reliance on the evidence of P.W.1; it is a case of contributory negligence and the award passed by the Tribunal suffers from legal infirmities and, therefore, it is liable to be set aside.

9. Per contra, learned counsel for the respondent/claimant would submit that the accident arose on account of negligent driving of the driver of the bus, and there is no negligence on the part of the rider of the motorcycle. Therefore, the award pass