APSRTC Vs. MOCHI GANGARAM

JUDGEMENT

(1.) Respondent who received injuries due to an accident caused by a bus bearing No. AP 9Z 3973 belonging to the appellants filed a claim petition seeking compensation of Rs. 2,00,000/- from the appellants and examined himself as P.W. 1 and two other witnesses as P.Ws. 2 and 3 and marked Exs. A-1 to A-104 in support of his case. Appellants who filed a counter contesting the claim of the respondent did not adduce evidence either oral or documentary. The Tribunal having held that the accident occurred due to the rash and negligent driving of the driver of the bus belonging to the appellants awarded Rs. 1,50,000/- as compensation to the respondent. Aggrieved thereby, this appeal is preferred by the Respondents before the Tribunal.

(2.) The points for consideration are:

(3.) Since the respondent was travelling as a passenger in the bus and since his evidence on record shows that the bus dashed a road side tree, the doctrine of RES IPSA LOQUITUR applies to the facts and circumstances of the case, and so the burden is on the appellants to establish that the driver of the bus was not negligent at the time of accident, but the appellants failed to adduce evidence to show that the accident did not take place due to the negligence of the driver of the bus. Therefore, I hold that the accident occurred due to the rash and negligent driving of the driver of the bus belonging to the appellants. The point is answered accordingly. Point No. 2:-