J.RAJU Vs. APSRTC

JUDGEMENT

(1.) Aggrieved by the order passed by the learned Motor Accidents Claims Tribunal -cum- XIII Additional Chief Judge (Fast Track Court), City Civil Court at Hyderabad, (for short, 'the Tribunal) in M.V.O.P.No.2048 of 2012, dtd. 27/4/2016, the petitioner/injured filed M.A.C.M.A.No.2725 of 2016 seeking to allow the Appeal by enhancing the compensation awarded by the Tribunal and the respondents/RTC in the said M.V.O.P. filed M.A.C.M.A.No.758 of 2017 seeking to set-aside the order passed by the learned Tribunal. Since both the appeals arise out of the common order passed in M.V.O.P.No.2048 of 2012, they have been dealt with together and being disposed of by way of this common judgment.

(2.) For the sake of convenience, the parties hereinafter be referred as they were arrayed before the learned Tribunal.

(3.) The brief facts of the case are that the petitioner filed a petition under Sec. 166 of the Motor Vehicles Act, 1988 and Rule 455 of A.P.M.V.Rules, 1989 claiming compensation of Rs.10,00,000.00 for the injuries sustained by him in a motor vehicle accident that occurred on 11/6/2012. As stated by the petitioner, on 11/6/2012, when the petitioner was proceeding slowly on his Hero Honda Passion Pro Motorcycle bearing No.AP-24AL-9760 from Alair towards Jangaon on the extreme left side of the road and when reached near Kandigadda Thanda Bus stage on National Highway No.163, Alair Mandal, Nalgonda District, at about 8.10 P.M., the driver of APSRTC Bus bearing No.AP-29Z-2121 of Jangaon depot came in opposite direction in a rash and negligent manner at high speed by overtaking another vehicle and dashed to the motorcycle of the petitioner, due to which, the petitioner fell down from his motorcycle and sustained Grade III compound segmental fracture of both bones of right leg with PTRA, Exposed Tibia in middle 1/3rd, forehead injury and other injuries all over the body. Immediately, he was shifted to Gandhi Hospital, Secunderabad for treatment and after medical examinations, he underwent surgery on 19/7/2012 for both bones fracture of right femur soft skin grafting of PTRA under GA with plate and screws done, wound closed is layers, ASD done, knee brace applied and incurred Rs.30,000.00 towards medical expenses and medicine charges.