HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY M.A.C.M.A.No.1231 of 2023

JUDGMENT

This appeal has been preferred by the Telangana State Road Transport Corporation (TSRTC) questioning the award and decree, dated 30.12.2022 passed in M.V.O.P.No.354 of 2017 on the file of the Motor Accident Claims Tribunal-cum- III Additional District Judge-cum-Judge, Family Court at Mahabubnagar (for short, the Tribunal).

2. For convenience, the parties have been referred to as they are arrayed before the Tribunal.

3. The brief facts leading to filing of the appeal are as under:

3.1. The petitioner/injured filed the above M.V.O.P. under Section 166 of the Motor Vehicles Act, 1966, claiming compensation of Rs.3,00,000/- for the injuries sustained by her in a motor vehicle accident. It is stated that on 17.02.2017, at about 11.30 a.m., while the petitioner along with her brother were going to RTC New Bus Stand, Mahabubnagar on motor cycle bearing registration No.AP-22-

Q-9161 to board a bus in order to go to Jadcherla, and when they reached into the gate of bus stand, RTC Bus bearing registration No.AP-22-Z-0094, driven by its driver in rash and negligent manner and dashed the motor cycle. As a result, the petitioner as pillion rider fell down and the bus ran over her left leg and she sustained grievous injuries all over the body. The Police, P.S. II Town, Mahabubnagar, registered a case in crime no.32/2017 under Section 337 of IPC against the driver of RTC Bus.

3.2. It is further stated that by the time of accident, the petitioner hale and healthy and was aged about 30 years and was working as tailor and earning Rs.9,000/- per month. Due to accident, petitioner sustained crush injury, degloving injury, skin injury to left leg and other multiple, bleeding and grievous injuries. Immediately, petitioner was admitted in Govt. Hospital, Mahabubnagar and from there, she was shifted to SVS hospital, Mahabubnagar and again, shifted to NIMS Hospital, Hyderabad for better treatment, where she was treated from 18.02.2017 to 05.03.2017 and was operated on 18.02.2017 with skin grafting and advised complete bed rest for six months. Due to injuries, the petitioner lost her earnings for the said period, that she spent about Rs.30,000/- for treatment and medicines and Rs.10,000/- for transport and extra nourishment.

4. Before the Tribunal, the TSRTC filed a counter denying the averments of the claim petition and contended that the alleged accident occurred due to rash and negligent driving of rider of the bike as he could not control the same and was not having valid driving licence as such, TSRTC is not liable to pay compensation. It is further contended that if the Tribunal awards any compensation, the same has to be restricted under the provisions of the Act and it has to be apportioned basing on contributory negligence of both and prayed to dismiss the claim petition.

5. On the basis of the above pleadings, the Tribunal framed the following issues for trial:

1) Whether the petitioner sustained injuries due to negligent driving of driver of respondent, while driving bus bearing No.AP-22-Z-0094 on 17.02.2017 ?

2) Whether the petitioner is entitled for compensation. If so, what is quantum and from whom? and

3) To what relief?

6. During trial, on behalf of the petitioner/claimant, P.Ws.1 to 3 were examined and Exs.A1 to A10 were marked. On behalf of the TSRTC, no oral or documentary evidence was adduced.

7. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of driver of the RTC bus and awarded total compensation of Rs.5,76,650/- with interest @ 9% per annum. Aggrieved by the said order, the T.S.R.T.C. filed the present appeal.

8. Heard Sri Thoom Srinivas, learned Standing Counsel for T.S.R.T.C appearing for the petitioner and Sri K.Venkatesh Gupta, learned counsel for the respondent and perused the record.

9. During the course of hearing of appeal, learned counsel for