The court upheld the Tribunal's award, ruling that the failure of the transport corporation to produce the driver as a witness, combined with police records, established negligence, and the compensation was reasonable based on medical evidence of severe injuries.

JUDGMENT

This appeal, under Section 173 of the Motor Vehicles Act, 1988 , is filed by the appellants-Corporation questioning the judgment and decree dated 13.04.2016 passed by the learned Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Nizamabad (for short, “the Tribunal”) in M.V.O.P.No.401 of 2014, whereby the Tribunal awarded compensation of Rs. 3,14,800/- with interest at 7.5% per annum from the date of petition till the date of deposit in favour ofthe respondent/claimant.

The brief facts of the case are that the respondent/claimant filed the aforesaid claim petition before the Tribunal seeking compensation of Rs. 4,00,000/- on account of the injuries sustained by him in a motor vehicle accident that occurred on 17.06.2014. It was stated that the claimant, while travelling as a pillion rider on a motorcycle, reached near the outskirts of Dasnagar village, Makloor Mandal, Nizamabad District on the Nizamabad-Armoor National Highway at about 11.00 a.m., an APSRTC bus bearing No. AP 25 Z 0020, driven in a rash and negligent manner at high speed, dashed against the motorcycle, resulting in severe grievous crush injuries to the claimant. The Tribunal, upon consideration of the evidence on record, held that the accident occurred due to the rash and negligent driving of the driver of the offending RTC bus and awarded a total compensation of Rs.3,14,800/- with interest at 7.5% per annum. Aggrieved by the said award, the present appeal has been preferred by the appellants-Corporation.

Considered the submissions made by the learned counsel for theparties and perused the record.

A careful examination of the record discloses that the main contention of the appellants-Corporation is that the Tribunal erred in holding that the accident occurred due to the rash and negligent driving of the driver of the RTC bus, alleging contributory negligence on the part of the rider of the motorcycle and raising a plea of non-joinder of the owner and insurer of the motorcycle. The appellants failed to adduce any oral or documentary evidence to rebut the testimony of the claimant (P.W.1) or the police records. Although the appellants raised several defences in their written statement, they chose not to examine the driver of the crime vehicle who was the best witness to explain the manner of the accident. Further, Ex.A1 (FIR) and Ex.A2 (Charge Sheet) filed in Crime No.164 of 2014 of Makloor Police Station clearly substantiate that the accident occurred solely due to the rash and negligent driving of the RTC bus driver. The delay in lodging the FIR was also satisfactorily explained as the complainant was attending to the injured in the hospital. In such circumstances, the finding of the Tribunal holding the driver of the RTC bus negligent and fastening vicarious liability upon the appellant-Corporation cannot be said to suffer from any illegality or perversity warranting interference by thisCourt.

As regards the quantum of compensation, the Tribunal evaluated the medical evidence, including the testimony of the treating doctor (P.W.2 - Dr. K. Mothilal) and documents under Exs.A3 to A7. The record establishes that the claimant sustained a compound crush fracture to the left foot and fractures of the 2nd, 3rd and 4th metatarsals, underwent two surgeries including debridement and open reduction internal fixation with K-wire, and suffered the amputation of the second toe of his left leg. The Tribunal properly evaluated the loss of income during the period of treatment, pain and suffering, loss of toe, and future loss of income by awarding a lump sum of Rs.2,00,000/-, along with Rs.20,000/- for loss of income during treatment, Rs. 45,800/- towards Ex.A5 hospital final bill, Rs. 34,000/- towards Ex.A7 medical bills, Rs.5,000/- towards transportation, and Rs. 10,000/- towards extra nourishment, totaling Rs. 3,14,800/- with interest at 7.5% per annum. Upon proper evaluation of the material on record und