APSRTC Vs. AHAMAD HUSSAIN

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of award dated 11.11.2002 in O.P. No. 587 of 1999 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge), Nizamabad, (for short, "the Tribunal"). While this appeal is filed by the Andhra Pradesh State Road Transport Corporation, the Respondent-claimant has filed the cross-objections seeking enhancement of compensation.

(2.) For convenience, the parties are referred to as they are arrayed in the O.P. The claimant, while traveling in bus bearing No. AP 10Z 11 belonging to the Respondents from Armoor towards Nizamabad on 04.06.1999, sustained injuries allegedly due to the rash and negligent driving of the driver of the bus. The claimant has therefore filed the O.P. claiming compensation of Rs. 1,00,000/-. In support of his claim, he has examined himself as PW.1 and got Exs.A1 to A4 marked. Ex.A1 is the FIR, Ex.A2 is the out-patient ticket, Ex.A3 is the copy of the medical certificate and Ex.A4 comprises copies of medical bills. The Tribunal, on finding that the claimant has sustained injuries on account of rash and negligent driving of the driver of the bus, placed reliance on Ex.A3 - out-patient ticket and held that the claimant has sustained fracture to his fourth and fifth ribs and also received injuries on both knees and on occipital region. While awarding Rs. 50,000/- towards the alleged fractures sustained by the claimant, the Tribunal has awarded Rs. 10,000/- towards medicines and extra nourishment and a further sum of Rs. 5,000/-towards past and future pain and suffering. Thus, in all, the Tribunal has awarded a sum of Rs. 65,000/- as compensation.

(3.) While the Respondents-Appellants have filed the above appeal, the claimant-Respondent has filed the cross-objections, as noted above.