APSRTC HYDERABAD Vs. CHAMARTHI SIDDI RAJU

JUDGEMENT

(1.) Respondent who suffered injuries in an accident caused due to the rash and negligent driving of the driver of the bus belonging to the appellant, filed a claim petition seeking compensation of Rs. 1,00,000/- from the appellant and examined himself as P.W.I and another witness as P.W.2 and marked Exs.A-1 to A5 on his behalf. Appellant, who contested the claim, examined one witness as R.W.I but did not adduce any documentary evidence. The Tribunal having held that the accident occurred due to the rash and negligent driving of the driver of the bus of the appellant, awarded Rs.67,500/- as compensation to the respondent. Aggrieved thereby, this appeal is preferred by the owner of the bus involved in the accident.

(2.) The points that arise for consideration are:

(3.) The case of the respondent is that when he was travelling as a passenger in a bus belonging to the appellant, there was a collision between that bus and another bus belonging to the appellant that was coming in its opposite direction, resulting in injuries to him. Since both the buses involved in the accident belong to the appellant, and since the respondent who was travelling as a passenger in one of the buses involved in the accident cannot be said to be a contributor to the accident, the finding of the Court below that the accident occurred due to the rash and negligent driving of the drivers of the buses belonging to the appellant needs no interference. Therefore. I hold that the accident, resulting in injuries to the respondent, occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant. Point No. 2: