THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Miscellaneous Appeal No.2590 of 2003 Dated 30th September, 2010 Between: Andhra Pradesh State Road Transport Corporation, Rep. by its Managing Director, Mushirabad, Hyderabad and another. …Appellants And Golla Baleeru @ Golla Bala Veeru …Respondent Counsel for the Appellants : Mr.Anand.P.Shinde for Mr.C.Sunil Kumar Reddy, SC for APSRTC Counsel for the respondent: Mr.V.Tulasi Reddy The Court made the following: Order: This Civil Miscellaneous Appeal arises out of award, dated 27-11-2002, in OP.No.979 of 2000, on the file of the Chairman, Motor Vehicles Accidents Claims Tribunal- cum-District Judge, Nizamabad District (for short ‘the Tribunal’). The Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’), represented by its Managing Director and Depot Manager, has filed this Civil Miscellaneous Appeal, feeling aggrieved by the award of Rs.60,000/- as compensation for the injuries suffered by the respondent in a motor accident involving a bus belonging to it. As the appellants filed this appeal questioning the quantum of compensation alone, it is not necessary to refer in detail to the manner of the accident. The respondent, who is claiming to be an agriculturist, has, in all, claimed a sum of Rs.1,00,000/- for the injuries he has sustained in the said accident. In support of his claim, he has examined himself as P.W.1 and one Dr.L.Ramulu as PW.2 and marked Exs.A.1 to A.3 on his side. Ex.A.3 is the certified copy of the wound certificate, which discloses that the respondent has suffered the following injuries: “1. Abrasion 1” x 1” on left knee. 2. Abrasion 3” x 2” on left shoulder 3. Abrasion 2” x 2” on left shoulder 4. Laceration 2” x 1” on occipital 5. Laceration 3” x 1” on left hand 6. Abrasion 2” x 3” on left thigh” The Tribunal has discarded the evidence of PW.2, who, this Court is informed, has figured as a stock witness in a countless number of motor vehicles accident claim cases, on the ground that his evidence contradicts the contents of Ex.A.3- certified copy of the wound certificate. The Tribunal has, accordingly, concluded that the respondent has suffered simple injuries, but awarded Rs.50,000/- towards pain & suffering and the injuries suffered by the claimant and Rs.10,000/- towards medical, transport and extra-nourishment charges. In my opinion, having held that all the injuries suffered by the respondent are simple in nature, the Tribunal was not justified in awarding as much as Rs.60,000/- towards compensation. Even if the compensation at Rs.3,000/- for each of the simple injuries is awarded, the respondent will not be entitled to more than Rs.25,000/- towards the injuries and pain & suffering. Added to this, the respondent may be entitled to be awarded compensation for the expenditure incurred by him towards medicines, transport and extra-nourishment. In my opinion, even if all these heads are taken into consideration, the respondent is not entitled to more than Rs.30,000/-. At this stage, it is represented by the learned Counsel for the appellants that in pursuance of the interim order granted by this Court vide CMP.Nos.28745 and 14690 of 2003, dated 02-01-2004, the appellants have deposited 50% of the compensation awarded by the Tribunal. Taking into consideration of the above fact, award, dated 27-11-2002, passed by the Tribunal in OP.No.979 of 2000, is modified and the liability of the appellants is restricted to the amount already deposited by them. The Civil Miscellaneous Appeal is accordingly allowed to the extent indicated above. C.V.NAGARJUNA REDDY, J Dated 30th September, 2010 lur