THOTA BALREDDY@BALAIAH Vs. MANAGING DIRECT

JUDGEMENT

(1.) AGGRIEVED by the Award dated 12.11.2009 in OP No.155 of 2008 passed by the Chairman, M.A.C.T -cum - Principal District Judge, Medak at Sangareddy (for short the Tribunal), the claimant preferred the instant MACMA.

(2.) A ) On factual side, on 05.12.2007, when the claimant and his relative Akula Durgaiah were returning to Banjerupally village after attending the marriage at Patancheru on Hero Honda Motorcycle bearing No.AP 28J 2566 at about 12.20 hours in the night time, when they reached in front of Rane Breakliners Factory on Rajiv Rahadari Road in the limits of Pregnapur village, one RTC bus bearing No.AP 10 Z 54 belonging to Korutla depot came in opposite direction being driven by its driver in a rash and negligent manner and dashed the motorcycle. Due to which the claimant and pillion rider fell down and sustained grievous injuries and immediately they were shifted to Gandhi Hospital, Secunderabad for treatment. On these pleas, the claimant filed O.P.No.155 of 2008 against the respondent/APSRTC and claimed Rs.4,00,000/ - as compensation. b) Respondent/Corporation filed its counter and denied all the material averments made in the claim petition and urged to put the claimant in strict proof of the same. It contended that there was no rashness or negligence on the part of bus driver. It also contended that the claim is highly excessive and exorbitant and thus prayed to dismiss the petition. c) During trial PW s.1 and 2 were examined and Exs.A1 to A10 were marked on behalf of claimant. RW 1 was examined on behalf of Respondent. d) The Tribunal on appreciation of both oral and documentary evidence, has awarded a sum of Rs.77,175/ - with costs and interest at 7.5% p.a under different heads as follows: Pain and suffering Rs. 30,000 -00 Medical expenditure Rs. 22,175 -00 Past and future loss of earnings Rs. 25,000 -00 - - - - - - - - - - - - - - - - - - - T otal Rs. 77,175 -00 - - - - - - - - - - - - - - - - - - - Hence, the appeal by claimant.

(3.) THE parties in the appeal are referred as they stood before the Tribunal.