M. MALLESHAM Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dated 03.01.2005 passed by the court of Motor Vehicle Accident Claims Tribunal - cum - XXI Additional Chief Judge cum VII Additional MSJ for CCC Red Hills, Nampally, Hyderabad in O.P.No.707 of 2001, wherein and whereby, the Tribunal dismissed the claim petition filed by the claimant under Section 166 of the Motor Vehicles Act, 1988.

(2.) In the claim petition it is stated that on 23.1.2001, at about 15-00 hours, the claimant came to Balanagar on his personal work and was waiting to take a bus. Meanwhile, a bus of the Road Transport Corporation (for short 'the Corporation') bearing No. AP 10 Z 1765, came in high speed and dashed against the claimant, causing injuries to him. The further case of the claimant is that the driver of the bus drove the vehicle in a rash and negligent manner at a very high speed and dashed against the claimant even without considering that the place is identified as bus stop. As a result of the accident, he sustained injuries and lost his business during the period of treatment and bed rest. The family of the claimant has passed through agonic situation. Therefore, the claim petition was filed under Section 166 of the Act, claiming compensation of Rs.1,00,000/- with interest and costs.

(3.) Counter affidavit has been filed on behalf of the respondent - Corporation, opposing the averments made in the claim petition, and stating that accident never happened and that even otherwise the claim of the claimant is highly excessive and, therefore, the claim petition was sought to be dismissed.