VISAKHAPATNAM Vs. BUDHI MANI

JUDGEMENT

(1.) Heard both the counsel.

(2.) Aggrieved by the order dt. 29-1-2002 passed by the court of VI Additional District Judge, Visakahapatnam in M.O.P. No.1194/ 1999 in granting compensation to the claimant, the Andhra Pradesh State Road Transport Corporation (for short 'the Corporation') filed the appeal.

(3.) The brief facts of the case are that on 20-9-1998 the claimant along with wife and mother-in-law boarded the bus of the corporation bearing No.A.P. 10Z 3332 at R.T.C. Complex, Visakhapatnam to go to Kakinada. At about 9.30 a.m., when the bus reached Namavaram village, the driverof the bus drove it In a rash and negligent manner with high speed and without blowing horn and also drove on the extreme right side and dashed a lorry bearing No.A.P. 31 U 1135, which was stopped on the extreme left side of the road. As a result of the accident, the claimant sustained fracture to his right leg and he also sustained other multiple and external grievous injuries and there was heavy bleeding. Immediately, the claimant was shifted to K.G. Hospital, Visakhapatnam, where he underwent treatment upto 2-10-1998 and after discharge, he again underwent treatment in Amruta Nursing Home, Gajuwaka, Visakhapatnam from 12-10-1998 to 26-10-1998 and that he also underwent treatment in B.H.P.V. Hospital, Visakhapatnam. During the above said period, he had undergone three operations and surgical instruments were inserted in his right leg and that the treatment is not yet completed. Claiming that he is working in B.H.P.V. as Crane Operator, earning an amount of Rs.6,500/- per month, the claimant filed claim petition for an amount of 1,50,000/-. The case of the claimant is that due to the accident, he is unable to attend his regular duties and became permanently disabled and that it has become difficult to continue his job, as he is a crane operator.