APSRTC HYDRABAD Vs. B YADAGIRI

JUDGEMENT

(1.) Respondent filed a claim petition under Section 166 of the Motor Vehicles Act 1988 (the Act), alleging that when he was proceeding in his auto rickshaw as a driver, a bus belonging to the appellant being driven in a rash and negligent manner dashed against his auto resulting in grievous injuries and consequent permanent disability to him and so he is entitled to Rs.2,00,000/- as compensation. Appellant filed its counter inter alia contending that the accident occurred due to the negligence of the respondent himself while driving the auto in a recklessness manner and so he is not entitled to any compensation. In support of his case, the respondent examined himself as PW. 1 and another witness as PW2 and marked Exs.A1 to A9. No evidence either oral or documentary was adduced on behalf of the appellant. On the ground that the appellant failed to examine any witness on its behalf though the respondent adduced prima facie evidence to show that the accident occurred due to the rash and negligent driving of the bus belonging to the appellant, the Tribunal held that the accident occurred due to the rash and negligent driving of the bus belonging to the appellant and awarded Rs. 65,000/- as compensation to the respondent. Hence, this appeal by the respondent before the Tribunal.

(2.) Heard the learned Counsel for appellant. There is no representation on behalf of respondent either yesterday or today though the case is listed under the caption 'for orders'.

(3.) The points for consideration in this appeal are: