APSRTC Vs. ANDE KRISHNA VENI

JUDGEMENT

(1.) Aggrieved by the order dtd. 5/9/2011 in MVOP No.1054 of 2008 passed by the Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge (Fast Track Court), Tanuku (for short 'the Tribunal'), the 2nd respondent/APSRTC represented by Vice Chairman and Managing Director, Hyderabad, has preferred this appeal questioning the quantum of compensation amount of Rs.3,00,000.00 awarded by the Tribunal with proportionate costs and interest. For convenience the parties will be referred to as arrayed in the MV OP.

(2.) The claimant has filed a claim petition under Sec. 163(A) of the Motor Vehicles Act, 1988, r/w. Rule 455 of the AP Motor Vehicles Rules 1989 seeking compensation of Rs.4,00,000.00 for injuries sustained in an accident held on 9/10/2008 at about 11.45 PM while travelling in an APSRTC bus bearing No. AP 28 Z 2784 from Vijayawada to Tanuku, along with her father, at Kanikaram Village on NH-5. The 1st respondent drove the bus rashly and negligently hit the stationed lorry, sustaining injuries to the left leg tibia and fibula of the right leg tibia and fibula and fracture injury to the left patella.

(3.) The 2nd respondent has filed a written statement contending that there is no rash or negligence on the part of the first respondent. At the time of the accident, it was dark; the lorry was parked in the road margin, there was no proper lighting, and a hook to the lorry on his backside margin came into contact with the passenger door of the bus, thereby it damaged. Some who were sitting unsteadily sustained injuries since they fell on the bus. As a result, there was no negligence on the part of the 1st respondent, and she prayed to dismiss the claim petition.