HONOURABLE SRI JUSTICE C.V.RAMULU Civil Miscellaneous Appeal No.873 of 2004 JUDGMENT: This Civil Miscellaneous appeal is filed under Section 173 of Motor Vehicles Act, against the order and decree dated 14/11/2003 in O.P.No.622 of 2001 on the file of the III Motor Accidents Claims Tribunal, Warangal. The appellant is the respondent/APSRT Corporation in the OP. O.P.No.622 of 2001 was filed by the respondent/claimant. It was the case of the respondent that on 08/01/2001 at about 11:30 AM, near Rajeev Gandhi statute, Maripeda village and Mandal, Warangal District, when he was waiting for a bus to go to Chandugonda village, one RTC bus bearing No.AP10 6929 was stopped and while the claimant was boarding the bus, driver of the said bus moved it all of a sudden taking it into high speed. As a result, claimant fell down on the road and sustained grievous injuries. He was aged about 40 years and had business and agriculture and was earning an amount of Rs.5,000/- per month and the claim was made for Rs.2,50,000/-. Since he suffered compound fracture of both bones of right leg. An initial surgery was conducted and was advised bed rest for 15 days and was discharged from hospital on 01/05/2001. The case sheet maintained by the hospital shows that he was admitted in MGM Hospital on 08/01/2001 and discharged on 01/05/2001 and two operations were conducted on him and he was there in the hospital for more than five months. Even as on the date of examination of P.W.2, the medical officer stated that claimant was not in a position to stand without a stick, and got permanent disability of 60% and not fit to do any labour work. Having noticed the same and also having found that the driver of APSRTC bus was rash and negligent, the Tribunal in so far as the compensation was concerned, since the claimant was 45 years at the time of accident, income of the claimant was fixed at Rs.2,000/- per month, and multiplier of 14 was applied, and total compensation was fixed at Rs.3,36,000/-. However, since the petitioner suffered only 60% of the disability, 40% out of the said amount was deducted and 60% of the amount was fixed as a compensation in favour of the claimant i.e., Rs.2,40,000/-. Aggrieved thereby, the present appeal is filed by APSRTC. Neither there is any irregularity committed by the Tribunal in finding that the driver of the bus was rash and negligent at the time of accident nor in fixing the compensation at Rs.2,40,000/- as against the claim of Rs.2,50,000/- in the facts and circumstances of the case. Under those circumstances, I am of the opinion that the Civil Miscellaneous Appeal is devoid of merits and is liable to be dismissed and the same is accordingly dismissed. There shall be no order as to costs. __________________ JUSTICE C.V. RAMULU 24th June, 2010 SKM