APSRTC Vs. MD RASHEED

JUDGEMENT

(1.) Aggrieved by the judgment and decree dt.26.11.2010 in O.P.No.980 of 2007 passed by the Chairman, Motor Accident Claims Tribunal-cum-IV Additional District Judge, Ranga Reddy District (for brevity "the Tribunal"), in fastening liability of an amount of Rs.2,68,725/- towards 75% of contributory negligence on the part of the driver of the RTC Bus, out of the total compensation of Rs.3,58,300/- as against the claim of Rs.3,00,000/- made by the petitioner with interest @ 7.5% per annum for the injuries sustained by respondent-petitioner in a motor vehicle accident that occurred on 18.10.2002, when the petitioner was proceeding on a Hero Puch Motor Cycle bearing No.AP 28 3098 as a pillion rider from Boinagiri side to Hyderabad, and when it reached Pagidipally Village outskirts, Kaleswaram, as the petitioner is riding the bike with three persons and could not control the bike due to conjunction, the present civil miscellaneous appeal has been preferred by the Corporation.

(2.) The appellant herein is the State Road Transport Corporation and respondent is the petitioner. The facts leading to the accident are not in dispute.

(3.) The Tribunal, after appreciating the evidence on record, both oral and documentary, apart from awarding a sum of Rs.5,000/- towards transportation, Rs.7,300/- towards medical expenses, Rs.30,000/- towards pain and suffering, and Rs.10,000/- towards extra-nourishment and medicines, a sum of Rs.3,06,000/- has been awarded towards 50% of permanent disability suffered by the petitioner. Thus, a total sum of Rs.3,58,300/- has been awarded by the Tribunal towards compensation to the petitioner vide judgment and decree dt.26.11.2010 in O.P.No.980 of 2007. Since the petitioner was riding with three persons on his bike and met with an accident with the appellant - RTC Bus, the contributory negligence was apportioned @ 25% on the petitioner and 75% on the driver of the RTC Bus. Accordingly, an amount of Rs.2,68,725/- towards 75% of contributory negligence has been apportioned against the appellant - Corporation with interest @ 7.5% per annum from the date of petition i.e. 28.08.2007 to till realization. Aggrieved by the same, the present Civil Miscellaneous Appeal has been preferred by the appellant - Corporation.