ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION REP. BY ITS MANAGING DIRECTOR Vs. MR. SYED MURFAD PEER S/O SRI SYED NISAR AHMED

JUDGEMENT

(1.) THESE two appeals arise out of the same impugned judgment and award dated 24.3.2006 passed in MVC No. 1575/2005 on the file of the XIX Addl. SCJ. Member MACT, Court of Small Causes, Metropolitan Area, Bangalore (SCCH -17) (hereinafter referred to as the Tribunal for short).

(2.) THE Tribunal by its impugned judgment and award, awarded a sum of Rs. 1,75,000/ - as compensation with interest at 6% p.a. on account of the injuries sustained by the claimant in the road traffic accident. The claimant has filed the appeal -MFA 11043/06 contending that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement and the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as 'the Corporation' for short) has filed the appeal -MFA 5990/07 contending that, the finding of the Tribunal that the accident has occurred due to the rash and negligent driving of the offending bus by its driver and thereby fixing the liability on the part of the Corporation is not just and proper and further, contended that the quantum of compensation awarded by the Tribunal is excessive and is liable to be reduced.

(3.) THE principal submission canvassed by the counsel for the claimant is that the Tribunal has erred in awarding inadequate compensation towards pain and sufferings, medical expenses and loss of amenities, discomforts and unhappiness, loss of income during laid -up period and future medical expenses and therefore the impugned judgment and award may be modified, by awarding reasonable compensation.