K V HARIKUMAR Vs. APSRTC, ANANTAPUR DISTRICT

JUDGEMENT

(1.) The civil miscellaneous appeal is directed against the award in OP No. 35 of 2001, on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Hindupur, dated 4.11.2004. The appellant was travelling on a Hero Honda Motor Cycle on 31.1.2001 at about 7.30 a.m. when Andhra Pradesh State Road Transport Corporation (for short, 'APSRTC') Bus No. AP 9Z 6425, driven rashly and negligently at high speed, dashed the motor cycle from behind near Gurunatha Theatre, Hindupur. The appellant claimed to have suffered severe injuries and to have been treated first at Teja Nursing Home and then at Government Hospital, Hindupur and later at St. Johns Medical College Hospital, Bangalore. In spite of in-patient treatment for 20 days, the appellant claimed to be still bedridden and to be permanently disabled. He claimed to have incurred an expenditure of Rs. 70,000/- and to have lost an income of Rs. 15,000/- per month as LIC Agent The Hindupur I Town Police registered Crime No. 11/2001 against the driver of the bus and, hence, he sought for a compensation of Rs. 2,00,000/- from the APSRTC.

(2.) The respondent Corporation denied any negligence on the part of its driver and contested the claim as exorbitant. The bus was claimed to be coming very slowly when the appellant himself was claimed to have driven the motor cycle rashly and negligently taking a turn to the wrong side and applying sudden brakes to hit the bus. The sustaining of any injuries by the appellant was, hence, contended to be not the responsibility of the bus driver.

(3.) The Tribunal framed issues about the responsibility for the accident and the entitlement of the claimant to compensation and during the course of enquiry, it examined PWs.1 and 2 and RW1 and marked Exs. A1 to A7.