IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Miscellaneous Appeal Nos.3568 and 4559 of 2003 C.M.A. No.3568 of 2003: Between: APSRTC rep. by its Managing Director, RTC X Roads, Mushirabad, Hyderabad and another .. Appellants AND Etukuri Madhusudan Rao .. Respondent C.M.A. No.4559 of 2003: Between: Etukuri Madhusudan Rao .. Appellant AND APSRTC rep. by its Managing Director, RTC X Roads, Mushirabad, Hyderabad and another .. Respondents COMMON JUDGMENT: These two appeals are directed against the award in O.P. No.1233 of 1998 on the file of the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad, dated 10-06-2003. The claimant in O.P. No.1233 of 1998 was going as a pillion rider on scooter No.AP 28A 6026 on 16-07-1998 at about 11.30 A.M. when near Dilsukhnagar bus depot APSRTC bus No.AP 5508, driven rashly and negligently, hit the scooter from behind. The claimant received fracture and grievous multiple injuries and was shifted to Yeshoda hospital, Malakpet for treatment. He was administered six bottles of blood and was treated as in-patient for 21 days. For two and half months he was totally bedridden and later he underwent physiotherapy treatment. The father of the claimant died due to shock and the claimant was the sole earning member of his family, who claimed a compensation of Rs.4,00,000/- from the APSRTC represented by two officials. The respondents put the claimant to strict proof of all his allegations and they denied the age, avocation and condition of the claimant at the time of the accident. They claimed the compensation claimed to be excessive. The Tribunal framed issues on the responsibility for the accident and the entitlement of the claimant to compensation and examined P.Ws.1 and 2 and R.W.1 and marked Exs.A.1 to A.9 during the enquiry. The Tribunal rendered the impugned award firstly not accepting the claims of R.W.1 and relying on the evidence of the injured claimant as P.W.1 in the light of the corroboration by Ex.A.1 first information report and Ex.A.2 charge-sheet in contrast with the absence of production of the judgment of acquittal in the criminal case by R.W.1. The Tribunal, hence, concluded that the accident occurred due to the rash and negligent driving by the APSRTC bus driver. The Tribunal noted that P.W.2, the doctor, found three fractures, a blunt compression injury in the abdomen and another injury. P.W.2 claimed P.W.1 to have suffered 30% permanent physical disability of the right lower limb, but the Tribunal awarded a compensation of Rs.15,000/- each for the three fractures, Rs.1,500/- each for the simple injuries and Rs.5,000/- towards pain and suffering, transportation, extra nourishment and loss of income. The medical expenses were directed to be reimbursed only to a tune of Rs.40,000/-, as the Tribunal felt that Ex.A.6 was vague in details. On the total compensation of Rs.93,000/-, the Tribunal awarded interest at 9 per cent per annum and proportionate costs. The APSRTC challenged the said award in C.M.A. No.3568 of 2003 contending that the bus was not involved in the accident at all and it was the two wheeler driver who attempted to overtake the bus while driving it rashly and negligently and came into contact with a road divider and fell down. The Corporation contended that non-examination of the informant under Ex.A.1 was fatal, more so when it was abnormally delayed till 8.00 P.M. on 18-07-1998, which delay was not explained. The acquittal of the bus driver should have been given due weight and the quantum of compensation also was not correctly assessed. The Corporation, hence, desired the award to be reversed. The claimant challenged the award in C.M.A. No.4559 of 2003 contending that Exs.A.1 to A.9 and the evidence of P.W.2 about 30% permanent disability of right lower limb was not appropriately appreciated and when Ex.A.6 bills proved the expenditure of Rs.70,000/-, only Rs.40,000/- were awarded. When there was no reason to disbelieve the bills, the entire amount ought to have been awarded. The cryptic award without any reasons did not adequately compensate the physical disability suffered by the claimant. Hence, the claimant also desired the compensation to be granted as claimed. Sri K. Madhava Reddy, learned standing counsel for APSRTC and Sri M. Ramalingeswara Reddy, learned counsel for the claimants are heard. The points that arise for consideration in these appeals are whether the accident occurred due to the rash and negligent driving of the APSRTC bus and if so, what will be the just and adequate compensation to which the claimant is entitled. Points: The claimant as P.W.1 reiterated his version and the allegation being that the bus hit the scooter from behind, P.W.1 receiving more grievous injuries in comparison with his uncle who, driving the scooter, received simple injuries, is but natural. The claimant denied suggestions to the contrary and also explained that the police took his statement at the hospital after two days indicating the reason for the delay in registration of the first information report. His claim that he did not attend the criminal Court for deposing in the criminal case against the bus driver, may create a doubt whether the acquittal of the bus driver was after appreciating the version of the injured P.W.1. The bus driver as R.W.1 attempted to attribute the rashness and negligence to the driving of the scooter. But for his claim that he was acquitted in the criminal case, there was no corroboration by filing any copy of such judgment of acquittal or any other document. While the claims of P.W.1 and R.W.1 are both tainted with interestedness, the investigation by the independent statutory agency resulting in prosecution of the bus driver adds credibility to the claims of P.W.1 and the mere factum of acquittal in the criminal case may not tilt the scales in favour of the bus driver, when the standard of proof in a criminal case is proof beyond reasonable doubt in contrast with the standard of proof in this civil claim to be based on the balance of broad human probabilities. The impact of the accident on P.W.1, who suffered extensive injuries, also may not be in tune with the story of the scooterist coming into contact with the road divider and falling down, in which event both the driver and the pillion rider of the scooter may have received similar injuries. On the evidence before it, the Tribunal, therefore, cannot be considered to have gone wrong in not accepting the claims of R.W.1 and in concluding the probability of rash and negligent driving of the bus driver being the cause for the accident. Coming to the quantum of compensation, it is seen even from the earliest version Ex.A.1 that P.W.1 suffered fracture of back bone. The charge-sheet Ex.A.2 also specified the same and the bus driver was prosecuted under Section 338 of the Indian Penal Code obviously for causing grievous hurt. Ex.A.3 medico legal record of Yeshoda Super Specialty Hospital, Ex.A.4 discharge summary and Ex.A.5 discharge summary show the injuries suffered and tortious treatment undergone by P.W.1, while the medical bills and receipts in Ex.A.6 were in total to a tune of Rs.69,698/-. Ex.A.7 reports and prescriptions and Ex.A.8 x-rays further strengthen the claims of suffering of P.W.1 during the course of treatment. P.W.2, the doctor, in his evidence spoke about three fractures and two simple injuries found by him on admission of P.W.1 immediately after the accident and he also confirmed the genuineness of the documents issued by his hospital. Though he tried to claim that there was shortening of right lower limb by 2 inches resulting in permanent limp and consequently 30% permanent physical disability, none of the documents specify such a physical state or consequential disability and P.W.2 admitted that he did not issue any disability certificate to P.W.1 and assessed the disability only on the date of his deposition by examining P.W.1 before giving his evidence. The alleged shortening of the leg and the consequential disability, therefore, cannot be acted upon. But still the consistent evidence about the three fractures and two simple injuries and prolonged treatment in respect of the same should result in adequate compensation being granted to P.W.1. The Tribunal did not doubt the genuineness of the medical bills and its perception about Ex.A.6 being vague cannot be a ground to reject the actual expenditure by the claimant. The balance of Rs.30,000/- out of the medical expenditure proved has to be, therefore, permitted to the claimant. While the documentary evidence shows that till the end of September, 1998 P.W.1 was undergoing some treatment ending with physiotherapy, he could not have been able to attend his job at least for that period and for some reasonable period beyond, which can be assessed to be about four months and there is also no reason to doubt Ex.A.9 salary certificate issued by Siddhartha College, Dilsukhnagar about paying Rs.4,000/- per month to the claimant as Lab Assistant. If so, the claimant deserves grant of about Rs.16,000/- under that head. Though the Tribunal granted Rs.48,000/- in total towards the three grievous injuries and two simple injuries; towards pain and suffering, extra nourishment, transportation and loss of income also, it granted only Rs.5,000/- and it did not grant any sum towards damage to clothing, attendant charges, temporary loss of amenities of life and any other pecuniary and non-pecuniary damages to which the claimant is entitled. In view of the gravity of the injuries, the length of treatment and the impact on P.W.1, awarding in total about Rs.30,000/- more under all these heads may be reasonable and just, for which, of course, an element of guess and estimate become inevitable. If the compensation already awarded is enhanced by Rs.75,000/-, the claimant will be receiving just and adequate compensation under all the heads. While the Tribunal awarded interest at 9 per cent per annum on Rs.93,000/- originally awarded, confining such interest to 6 per cent per annum in the light of long period for which such interest has to be paid will be in the interests of justice, while proportionate costs, of course, shall follow the event. In the result, the award, dated 10-06-2003 in O.P. No.1233 of 1998 on the file of the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad is modified by granting a further compensation of Rs.75,000/- (Rupees seventy five thousand only) with interest thereon at 6 per cent per annum from the date of the petition till the date of payment and proportionate costs in addition to the compensation already awarded by the impugned award. C.M.A. No.4559 of 2003 is allowed in part accordingly without costs and C.M.A. No.3568 of 2003 is dismissed without costs. _____________________ G. BHAVANI PRASAD, J Date: 03-02-2011 Svv