APSRTC Vs. B. NAGI REDDY AND ORS.

JUDGEMENT

(1.) The Andhra Pradesh State Road Transport Corporation, represented by its Managing Director, which was arrayed as third respondent in MACMA No. 746 of 2005, preferred the instant review application, under Sec. 114 CPC, though, there are specific provisions under Order XLVII CPC, requesting to review the judgment in the above MACMA, dated 17.09.2010, whereby and whereunder the New India Assurance Company Limited, which was the appellant in the said appeal, was exonerated and so also the owner of the accident vehicle, but maintaining the order and decree of the Tribunal in all other respects, in other words, the entire liability being cast on the review petitioner, which figured as third respondent in the Original Petition No. 2158 of 2001 on the file of the Chairman, Motor Accidents Claims Tribunal -cum -III Additional Chief Judge, City Civil Court, Hyderabad. The facts, that are necessary for disposal of the instant review application, are that, on 19.08.2001 at about 9.30 a.m., when the first respondent got down from the bus bearing registration No. AP -28U -5951, hired by the third respondent - APSRTC, its driver suddenly moved the bus in a rash and negligent manner and dashed him, due to which, the wheel of the bus ran over his right leg, resulting in fracture and multiple injuries to various parts of his person. He was taken to Gandhi Hospital, Secunderabad, where he suffered amputation of right leg below the knee. He laid the claim for Rs. 5,00,000/ -.

(2.) On behalf of the first respondent, relevant witnesses were examined and documents were marked. On behalf of the APSRTC, the driver of the bus was examined as RW. 1 and Exs. B1 and B2 were marked. Ex. B2 happens to be an agreement dated 19.03.2001, entered into by the APSRTC and owner of the bus which was hired to the Corporation.

(3.) The Tribunal, having discussed the evidence on record, determined the compensation at Rs. 3,30,000/ - and awarded the same with interest at 6% p.a., fastening liability on respondents 2 and 3 being the Insurance Company and the Corporation respectively.