JUDGMENT:

This Civil Miscellaneous Appeal is filed by the appellant/Respondent Corporation under Section 173 of Motor Vehicles Act, 1988 challenging the Award passed by the Motor Accidents Claims Tribunal-cum-VII Additional District & Sessions Judge, Gudur of Nellore District in M.V.O.P.No.4 of 2014, dated 11.08.2015, wherein and whereby the Tribunal awarded compensation of Rs.5,95,000/- to the petitioner, who sustained injuries in a motor vehicle accident, that occurred on 02.06.2008.

2. The appellant and respondent herein after referred to as respondent and claimant as arrayed before the tribunal.

3. The case of the claimant before the Tribunal in brief is that on 02.06.2008 he boarded respondent Corporation bus bearing No.AP11 Z 5129 at Rapur Bus stand to go to his village and then about 12-00 hours when motor bus reached near Rapur-Chitvel road driver of the respondent Corporation bus drove the vehicle in a rash and negligent manner lost control over the vehicle which turned turtle into a valley, due to which, he fell down and sustained grievous injuries. The claimant submits that immediately he was shifted to Government Hospital, Nellore and he was also treated in a private Hospital at Tirupati. A report lodged before S.H.O., Rapur Police Station who registered the case against the driver of respondent Corporation bus for the offences punishable under Sections 304-A, 338 and 337 of Indian Penal Code and after due investigation S.H.O. filed charge sheet against the driver of the respondent Corporation. It is also the contention of the claimant that he was hale and healthy prior to the motor vehicle accident and he was working as mason earning Rs.9,000/- per month which amount he was contributing to his family but due to the injuries sustained in the motor vehicle accident his right foot was amputated now he is suffering from permanent disability. He claimed compensation of Rs.6,00,000/- on various heads.

4. The respondent Corporation resisted the claim of claimant and filed counter denying the accident, manner in which it was occurred, age and income of the claimant prior to the accident. They pray to dismiss the petition.

5. Basing on the above pleadings, the Tribunal has framed the following issues for trial:-

i) Whether the accident occurred on account of rash and negligent driving of the RTC bus bearing No.AP11 Z 5129 by its driver and whether it resulted injuries to the petitioner?

ii) Whether the petitioner is entitled for compensation from respondent Corporation, if so, how much amount?

iii) To what relief?

6. On behalf of the claimant, he himself examined as PW1 and got examined PW2, PW3 Medical Officers, who treated him and marked Ex.A.1 to A.6 and Ex.C.1. The respondent Corporation has not chosen to adduce oral or documentary evidence.

7. After hearing both sides, the Tribunal awarded compensation of Rs.5,95,000/- to the petitioner with interest @ 7.5% per annum from the date of petition till the date of deposit.

8. Aggrieved by the Judgment and decree passed by the Tribunal, the respondent Corporation has preferred the present appeal stating that Judgment and decree passed by the Tribunal is erroneous, contrary to law, weight of evidence and probabilities of the case. It is the contention of the respondent Corporation that compensation awarded to the claimant is excessive and exorbitant which awarded without any legally acceptable evidence. They pray to allow the appeal.

9. I have heard learned counsel for the appellant, Mr. Solomon Raju as well as learned counsel for the claimant Mr. A. Satish Babu.

10. The learned counsel for the appellant would submit that though age of the petitioner was 44 years as per medical records, Tribunal applied wrong multiplier awarded compensation which is liable to be set aside. He would further submit that there was no proof that the claimant spent money towards transport charges which erroneously granted by the Tribunal. He prays to allow the appeal.

11. The learned counsel for the claimant