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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

M.A.C.M.A.No.1130 of 2019

DATE: 04.02.2026

Between:

The Andhra Pradesh State Road Transport Corporation,

Rep. by its General Manager,

Musheerabad, Hyderabad.

(Owner of Bus bearing No.AP-9Z-6977 of Deverkonda Depot)

....Appellant

AND

NamaniChandramouli.

….Respondent

JUDGMENT

This appeal, under Section 173 of the Motor Vehicles Act, 1988

is filed by the appellant-Corporation, aggrieved by the order and

decree dated 17.02.2014 passed in O.P.No.458 of 2011 by the

Chairman, Motor Accidents Claims Tribunal-cum-I Additional District

Judge, Nalgonda (hereinafter referred to as “the Tribunal”) whereby a

total compensation of Rs.2,18,600/- along with interest at 7.5% per

annum from the date of petition till realization was awarded to the

respondent-claimant for the injuries sustained by him in a motor

accident.

2. The brief facts of the case are that on 27.02.2011, while the

respondent-claimant was proceeding as a pillion rider on a motorbike

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from Chandur towards Nalgonda, and reached the outskirts of

Parvathagiri Village, an APSRTC bus bearing registration No.AP-9Z-

6977 of Devarakonda Depot, coming in the opposite direction in a

rash and negligent manner at high speed, dashed the motorbike. As a

result, the respondent-claimant sustained a compound Grade-II supra

condylar fracture of the right femur with inter condylar extension and

other grievous injuries. The police registered a case in Crime No.16 of

2011 under Section 338 of IPC against the driver of the RTC bus. The

respondent-claimant filed the aforesaid claim petition before the

Tribunal seeking compensation of Rs.2,50,000/- from the appellant-

Corporation.

3. Before the Tribunal, the appellant-Corporation contested the

claim petition by filing a counter denying the manner of the accident

and disputing the injuries, age, and income of the claimant. It further

contended that the rider, owner, and insurer of the motorbike were

necessary parties and that the claim was excessive.

4. The Tribunal, after evaluating the oral and documentary

evidence, including the testimony of the claimant (P.W.1) and medical

experts (P.W.2 and P.W.3), held that the accident was caused by the

rash and negligent driving of the RTC bus driver. Consequently, the

Tribunal awarded a total compensation of Rs.2,18,600/- with interest

at 7.5% per annum from the date of the petition till realization,

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payable by the appellant-Corporation. Aggrieved by the said award,

the appellant-Corporation has preferred the present appeal.

5. Learned Standing Counsel for the appellant-Corporation

contended that the compensation awarded by the Tribunal is

excessive; and that the Tribunal erred in its findings regarding

negligence and the assessment of disability. It is further argued that

the Tribunal ought to have considered contributory negligence on the

part of the motorcyclist.

6. So far as negligence is concerned, a careful consideration of the

pleadings, evidence on record, and the judgment of the Tribunal

shows that the Tribunal relied on the evidence of P.W.1 and the police

records, including the FIR and Charge Sheet (Ex.A-1 and Ex.A-3), to

conclude that the bus driver was solely responsible for the accident.

The appellant failed to examine the bus driver or any other witness to

disprove the version of the claimant. In the absence of any evidence to

the contrary, the finding of the Tribunal that the accident occurred

due to the rash and negligent driving of the RTC bus driver is

supported by the material on record and does not warrant

interference.

7. Coming to the assessment of compensation, the Tribunal took

into account the medical evidence provided by P.W.2 and P.W.3 along

with the Disability Certificate (Ex.A-6) showing 35% permanent

disability. Although the claimant asserted a monthly income of

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Rs.10,000/-, the Tribunal, in the absence of documentary proof, fixed

the notional income at Rs.3,000/- per month. Using the multiplier '11'

applica