HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.1877 OF 2001 Dated: 11.03.2010 BETWEEN: The Executive Engineer and another .. Appellants And Bhadara Dhanamma and another .. Respondents HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.1877 OF 2001 JUDGMENT: This appeal is filed by the Government challenging the award, dated 27.10.2000 passed by the Motor Accidents Claims Tribunal- cum-District Judge, Khammam in O.P.No.443 of 1996. 2. I have heard the learned counsel representing the Government Pleader for Arbitration and the learned counsel appearing for the 1st respondent-claimant. 3. The 1st respondent herein, who is the injured claimant filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.1,50,000/- in respect of the injuries sustained in the accident occurred on 31.08.1995 due to the involvement of a jeep bearing No.APH 3149 belonging to the appellants. The appellants questioned their liability to pay compensation as well as the quantum of compensation in the present appeal. 4. As regards the liability to pay compensation, it is the version of the appellants that the first respondent in fact, was not driving the vehicle and one Venkateshwarlu was driving the jeep and also that the jeep did not touch the cycle on which the claimant was proceeding as a pillion rider. It is the evidence of RWs.1 and 2 that while Venkateshwar Rao was driving the jeep, they found the claimant’s son aged 13 years riding the bicycle and claimant sitting as pillion rider and the boy out of confusion dashed the rear side of the jeep and fell down, the claimant has received injuries in the said incident, but in fact, the jeep did not touch the cycle at all. 5. Contrary to this, PW.1 – injured claimant had categorically stated in her deposition before the learned Tribunal that while she was proceeding as a pillion rider on the cycle which was being peddled by her son, first respondent was driving the jeep in a rash and negligent manner dashed the cycle, on account of which, she fell down and received grievous injuries. The version of PW.1 is consistent with Ex.A.1-certified copy of the F.I.R and Ex.A.2, the certified copy of the charge sheet and further RW1 in his cross examination categorically admitted that he was charge sheeted by the police for causing grievous hurt to the claimant by his rash and negligent driving and C.C.No.14 of 1996 was filed against him in the Court of Additional Judicial First Class Magistrate, Kothagudem, he was found guilty and was sentenced to pay a fine of Rs.1,000/-. He also admitted that he has not preferred any appeal against the said judgment. According to the appellant, the said Venkateshwarlu who is the driver of the jeep was not examined by them. PW.1’s evidence clearly shows that it is the first respondent (RW1), who was driver of the vehicle. The version of RWs.1 and 2 is inconsistent and no reliance can be placed on their evidence. Therefore, the learned trial Court rightly arrived at the conclusion that the accident was caused due to rash and negligent driving of the driver of the jeep and the said finding does not call for any interference by this Court. 6. As regards the quantum of compensation, PW.2, doctor, who examined PW.1 stated in his evidence that the appellant received two injuries, which are mentioned in Ex.A.3-wound certificate. And Ex.A.15- case sheet. According to PW.2, the disability is 25% which is partial and permanent in nature. Even if it is considered that the claimant received two grievous injuries and considering that her income as Rs.30/- per day, the amount awarded by the learned Tribunal towards compensation is just and reasonable and not at all on higher side. The award passed by the learned tribunal, therefore, needs no interference. The interest of 12% per annum granted on the amount of compensation being on higher side is reduced to 7.5% per annum from the date of petition till the date of realization. 7. In the result, the appeal is partly allowed. There shall be no order as to costs. ___________________ R.KANTHA RAO,J Dated: 10.03.2010 Kvrm HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.1877 OF 2001 Dated: 11.03.2010