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by Admin
07 May 2024 2:49 AM
In a recent judgment, the Andhra Pradesh High Court, presided over by HON’BLE JUSTICE Dr. V.R.K.KRUPA SAGAR, dealt a blow to the Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.) in a compensation case arising from a bus accident. The court dismissed the appeal filed by A.P.S.R.T.C. against an award by the Motor Accidents Claims Tribunal, underscoring the negligence of the bus driver.
The court observed, “Evidence on record discloses that the accident was out of negligent driving of the offending RTC bus by its driver. There are no merits in what the appellant contends here to say anything contrary to that.”
The case revolved around an incident on September 2, 2017, when a passenger, Sri B. Mohana Rao, aged about 70 years, was injured while alighting from A.P.S.R.T.C. bus No.AP-28-Z-5415. The victim suffered serious injuries to his left leg when the bus moved ahead without noticing him, causing him to fall.
The court further noted, “A man aged at 70 years who was still on his own able to attend his work commuting the public transport now all of a sudden suffered disability because of injuries sustained in this accident. He is now dependent on others at that age. The healthy left leg now became not useful for a proper walk because of the injuries he sustained in the accident. Thus, there is loss of natural endowment.”
Despite the appellant’s argument that there was no certificate from a Medical Board regarding the permanent disability, the court upheld the compensation awarded by the Claims Tribunal. The tribunal had granted Rs.1,00,000 for permanent disability based on strong medical evidence.
In addition to the permanent disability compensation, the Claims Tribunal awarded a total compensation of Rs.6,47,000 under various heads, including medical expenditure, pain and suffering, and other related expenses. The court found no error in the tribunal’s assessment.
The court also addressed the issue of interest rate, stating, “Section 171 of the Motor Vehicles Act permits the Tribunal to grant reasonable interest on the awarded compensation. The rate of interest as granted by the Nationalized Banks on fixed deposit receipts is considered to be the appropriate rate of interest.”
Consequently, the court dismissed the appeal and directed the appellant, A.P.S.R.T.C., to deposit the awarded amounts with the Claims Tribunal within 30 days from the date of the judgment.
This judgment emphasizes the importance of holding negligent parties accountable in motor accident cases and ensuring fair compensation for the victims.
Date of Decision: 31 October, 2023
Andhra Pradesh State Road Transport Corporation VS Battulak Mohana Rao
