KONERI ANJANEYULU Vs. APSRTC MUSHEERABAD HYD

JUDGEMENT

(1.) The award of the Motor Accident Claims Tribunal, R.R.District at Saroornagar in OP.No. 139 of 1989 dated 20-6-1990 has been challenged by the claimant who had laid a claim under Section 110-A of the MV Act, 1939 (for short, the Act) for recovery of Rs.1,25,000/- on the ground that he suffered serious injuries and disability due to an accident caused by the driver of the APSRTC bus bearing No.AAZ 9156 due to the alleged rash and negligent driving of the bus by its driver on 3-12-1988 at 9-45 p.m near Warner Hindustan Factory, Uppal. The respondent opposed the claim.

(2.) The claimant is a police constable. The case of the claimant was that while he was travelling in the bus, the driver of the bus applied the breaks suddenly, he was thrown off the bus and fell down and the rear wheel of the bus ran over his legs and thereby he sustained the injuries and the disability. The respondent contended that the accident was due to the negligence of the claimant himself wherein he jumped out of the moving bus.

(3.) During the enquiry claimant examined himself as P. W. 1 and two other witnesses as per P.Ws.2 and 3 whereas the driver of the bus was examined as R.W.1 and two other witnesses as R.Ws.2 and 3. By way of documentary evidence, Exs.A.l to A.6 and Ex.X.1 were marked. After hearing both the sides and on assessing the evidence before it, the Tribunal held that the accident was not due to the negligence of the driver, but it was due to the conduct of the claimant himself in getting down from a moving bus to his own suffering due to injuries and the disability. However, the Tribunal found that the claimant had sustained injuries to the pubic bone resulting in the rupture of urethra leading to permanent disability and thus awarded Rs.7500/- by invoking the power under Section 92-A of the Act treating it as 'no fault liability'. Aggrieved by that the claimant/appellant has come up with this appeal.