Telangana High Court
Vishwardhya, Mahabubnagar Dist vs Apsrtc, Mahabubnagar Dist on 10 June, 2022
Author: G.Sri Devi
Bench: G.Sri Devi
THE HONOURABLE JUSTICE G.SRI DEVI
M.A.C.M.A.No.179 OF 2015
JUDGMENT:
This appeal is preferred by the appellant questioning the order, dated 09.02.2012, in O.P.No.311 of 2010 passed by the VII Additional District Judge, Mahabubnagar.
2. For the purpose of convenience, the parties are hereinafter referred to as they are arrayed in the O.P.
3. The case of the appellant is that on 07.04.2010 during morning time, he boarded the auto in order to go to Koilkonda. After passing Dammaipally Village bus stop at about 10:30 AM, the RTC bus bearing No.AP-11-Z-1259 came in opposite direction driven by its driver in high speed and in a rash and negligent manner, went towards extreme right side of the road and dashed against the auto on its rear side, due to which the appellant fell down and sustained severe injuries. He sustained fracture of right thigh. The accident had occurred due to rash and negligent driving of driver of the RTC bus. Immediately after the accident, compliant was lodged against the driver of the bus and the Station House Officer, Mahabubnagar Rural registered a case and after thorough investigation, filed charge sheet holding that the driver of the 2 GSD,J macma_179_2015 bus was rash and negligent while driving the bus. Prior to the accident, the appellant was hale and healthy. He was aged about 26 years and working as Teacher in Baptist Higher Primary High School, Sedam and earning Rs.4,000/- per month. Due to the accident, he sustained fracture of right left, right femur shaft. Due to the accident, the appellant was bedridden for about four months and lost his earnings during the said period due to accident. Even after the treatment, the appellant is unable to attend his daily work properly and sustained permanent disability. The appellant had incurred Rs.1,00,000/- towards the treatment and medicines and Rs.10,000/- towards transport and nourishment. Thus he is claiming a sum of Rs.3,00,000/- as compensation.
4. The respondent filed counter and denied the averments of the petitioner. It is also denied the age and income of the petitioner. The compensation claimed by the appellant is high, excessive and that the appellant is not entitled for compensation and prayed to dismiss the petition.
5. Taking into consideration the pleadings and also the arguments advanced, and the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident had occurred due to the rash and negligent driving 3 GSD,J macma_179_2015 of the driver of the bus and awarded compensation of Rs.1,00,000/- against the respondent with costs and interest @ 6% per annum. The respondent is directed to deposit the amount within one month from the date of said order. Aggrieved by the same, the appellant filed the present appeal.
6. Heard Ms.J.Sandhya Rani, learned counsel for the appellant and Sri B.Mayur Reddy, learned Standing Counsel for APSRTC. Perused the entire material available on record.
7. The finding of the Tribunal with regard to the manner in which the accident took place has become final as the same is not challenged by the respondent.
8. Insofar as the quantum of compensation is concerned, though the Tribunal has held that the appellant was admitted in the hospital for a period of eleven (11) days for the treatment of the facture injury and he has undergone operation with interlocking of nails, but conservatively awarded a sum of Rs.10,000/- towards pain and suffering; Rs.5,000/- towards transportation and nutrition diet, which appears to be too meager. After considering the medical bills under Ex.A8, the Tribunal has rightly awarded Rs.85,000/- towards medical expenses and hospital charges. Further, though the appellant 4 GSD,J macma_179_2015 has proved by producing Exs.A6 and A7 that he was working as Teacher and he was in the hospital from 07.04.2010 to 19.04.2010 and he was bed ridden for a considerable period as he underwent operation to his right leg, no amount was awarded by the Tribunal under the head of loss of earnings. Thus, looking into the nature of injuries sustained by the appellant, nature and period of treatment undergone by him and the amount spent by him towards medical expenses, transportation, attendant charges and extra nourishment and also loss of earnings, this Court feels that in all the appellant is entitled to Rs.1,25,000/- instead of Rs.1,00,000/-.
9. In the result, the M.A.C.M.A. is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.1,00,000/- to Rs.1,25,000/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of order passed by the Tribunal till the date of realization. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_______________________ JUSTICE G.SRI DEVI Date: 10.06.2022 YVL 5 GSD,J macma_179_2015 6 GSD,J macma_179_2015 THE HONOURABLE JUSTICE G.SRI DEVI M.A.C.M.A.No.179 OF 2015 Date:10.06.2022 YVL