MANAGING DIRECTOR ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION MUSHIRABAD HYD Vs. OM PRAKASH AGARWAL

JUDGEMENT

(1.) This appeal is filed by the A.P.S.R.T.C., Hyderabad aggrieved by the award passed in O.P.No. 373 of 1987 dated 30-3-1990 on the file of the Motor Accident Claims Tribunal, Khammam, wherein the Tribunal below has awarded a sum of Rs. 2,43,000/- towards compensation for the injuries sustained by the claimant in a motor vehicle accident that was occurred on 26-5-1987.

(2.) The case of the petitioner in brief is as follows: On 26-5-87 the petitionerboarded an R.T.C. bus bearing No. AAZ 8466 at Kothagudem to go to Hyderabad and the petitioner sat on the back seat of the bus resting himself leaning over the body of the bus inside. The 1st respondent drove the bus at a high speed and even continued so when it was about to reach Enkur village. At that time, lorry was coming in the opposite direction visible to the 1st respondent from a long distance and that the 1st respondent did not slow down the speed and lost control and that the bus went towards right side from the middle of the road and grazed the oncoming lorry which was also coming at a high speed. As the bus rear side had its right side, where the petitioner was resting inside keeping his right hand a little on the window had grazed the oncoming lorry and that the right hand of the petitioner was severely injured and resulted in heavy bleeding. The accident was occurred only on account of the rash and negligent driving of the bus by its driver i.e., the 1st respondent. After the accident, the petitioner was taken to the Government headquarters hospital, Khammam in the same bus and later he was shifted to Nizam Orthopaedic hospital on 27-5-1987 and on the same day, the right hand was amputated above the joint. The petitioner was remained in the hospital for one month and discharged- At the time of the occurrence of the accident, the petitioner was an Accountant for Agarwal Automobiles situated at Kothagudem and other Agencies and used to earn Rs. 2,500/- per month. Thus the petitioner claimed Rs. 4,35,000/- towards compensation. The 2nd respondent-APSRTC has filed a counter denying the allegations made in the claim petition and that the accident was not occurred due to the rash and negligent driving of the driver of the RTC bus. The version of the respondent is that on seeing the lorry in the opposite direction, the 1st respondent took the bus to the extreme left of the road and was proceeding. The lorry passed very close to the bus coming on the right side of the road. After passing a few yards, the passengers in the bus shouted and that the 1st respondent immediately stopped the bus. The 1st respondent got down from the bus and saw a passenger (petitioner) who was sitting on the right side of window, has lost his right hand-cuf by the closely passing lorry. Therefore, it is due to the sheer negligence on the part of the petitioner in stretching his hand out of the window of the bus, the accident was occurred, and that the respondents are not liable to pay compensation.

(3.) After appreciating both oral and documentary evidence available on record, the Tribunal below held that the accident was occurred due to the rash and negligent driving of the driver of the APSRTC bus i.e., the 1st respondent and therefore the respondents are liable to pay compensation and that the Tribunal below has awarded a sum of Rs, 2,43,000/- towards compensation to the claimant.