THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR Vs. SAILLA THIRUPATHI AND DASARAPU NARAYANA

JUDGEMENT

(1.) THE appellant -Andhra Pradesh State Road Transport Corporation (for short, 'Corporation'), filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accident Claims Tribunal -cum -District Judge, Karimnagar (for short, 'Tribunal') in M.V.O.P. No. 582 of 2002 dated 26.10.2004, awarding high compensation of Rs. 1,47,000/ - (Rupees one lakh forty seven thousand only) as against the claim of the respondent of Rs. 3,00,000/ - (Rupees three lakh only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act'). Heard Smt. Dindi Radhika, learned standing counsel for the appellant and Sri Sampath Prabhakar Reddy, learned counsel for the respondent and perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(2.) THE contentions in the grounds of appeal in nutshell are that the award of the Tribunal is contrary to law, weight of evidence and probabilities of the case, that the Tribunal was erred in arriving wrong conclusion on the huge quantum of compensation awarded by not going through the facts properly with regard to the rash and negligent driving on the part of the claimant, medical certificate to prove nature of injuries sustained by the claimant and the doctor i.e. P.W.2 who is said to have treated the claimant is not actually the doctor who treated him. Hence, to allow the appeal.

(3.) THE facts of the case as proved before the Tribunal and not in dispute in this appeal are that, on 10.08.2001, due to rash and negligent driving of the driver (1st respondent in the claim petition by name Dasarapu Narayana) of the crime vehicle (A.P.S.R.T.C. bus bearing No. AP -10Z -6714) belongs to the appellant's Corporation, dashed to a road side tree, as a result, the claimant by name Sailla Tirupathi, s/o Mallaiah, aged 22 years, Agriculturist, r/o Kasulapalli, Karimnagar district, agriculturist by avocation, who was travelling in the crime bus sustained grievous injuries i.e. 1) laceration of chin 2) laceration of upper lip 3) broken teeth in upper jaw A) fracture of maxillary segment 5) fracture of nasal bone and 6) multiple fracture involving the facial bone and simple injuries all over the body (as per Ex.A.5 medical certificate), which occurrence is covered by Ex.A.1 First Information Report in Cr. No. 14 of 2002 under Sections 337 and 338 IPC. After considering oral and documentary evidence on record, the learned Chairman of the Tribunal, believing the occurrence, nature of injuries, medical expenses for treatment, pain and sufferance, loss of earnings and transport charges and other aspects, awarded in all compensation of Rs. 1,47,000/ - (Rupees one lakh forty seven thousand only) out of Rs. 3,00,000/ - against the appellant and 2nd respondent herein.