HONOURABLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.4201 of 2008 JUDGMENT: This appeal is directed against the order dated 20-06-2007 in M.V.O.P.No.84 of 2006 on the file of the Motor Accidents Claims Tribunal-cum-V Additional District Judge, Tirupati, whereunder the claim application filed by the respondent herein was allowed in part awarding compensation of Rs.4,02,580/- with interest at 7.5% per annum from the date of filing of the petition. 2. None appears for the appellant and no representation is made on its behalf. Heard the learned counsel for the respondent. Perused the record. 3. The respondent herein filed claim application seeking compensation of Rs.5,75,000/- for the injuries sustained by him in the motor vehicle accident occurred on 19-08-2005. According to the claimant, on that date, while he was going on foot along the left side of the road, an R.T.C. bus bearing Regn. No.AP 9Z 7979, driven by its driver, with a rash and negligent manner, dashed against the claimant, resulting in multiple injuries, which led to amputation of his right leg up to knee. The claimant further pleaded that he sustained fracture to his right tibia, fibula and head injuries and he was admitted in Government Hospital, Puttur, and later shifted to MIOT Hospital, Chennai as an in- patient till 15-09-2005. He further pleaded that he again was admitted on 21-11-2005 and underwent treatment till 22-11-2005 and thereafter, he under went treatment in Arya Vysya Maternity & Child Welfare Centre, Chennai, for recuperation and physiotherapy and was discharged on 13-10-2005 and then he underwent treatment in Apollo Physiotherapy and Pain Relief Clinic, Puttur and was treated from 16- 10-2005 to 16-11-2005. 4. The appellant herein filed counter and opposed the claim denying the liability to pay the compensation. 5. During the enquiry, on behalf of claimant, P.Ws.1 to 5 were examined and Exs.A-1 to A-18 were marked. No oral or documentary evidence was adduced on behalf of the appellant-R.T.C. 6. On consideration of the evidence available on record, the Tribunal held that the accident occurred due to rash and negligent driving of the R.T.C. bus by its driver. The Tribunal further awarded compensation of Rs.2,47,580/- towards medical expenses, Rs.1,25,000/- for the amputation of his right leg and Rs.30,000/- towards pain and suffering, making up a total compensation of Rs.4,02,580/-. Aggrieved by the same, the R.T.C. filed the present appeal. 7. Though the appellant contended that since the claimant was hit by a cycle and unable to hold the balance, he fell underneath the rear wheel of the bus, the appellant has not adduced any evidence in support of the said plea. The evidence oral and documentary adduced by the claimant clearly establish that while he was going along the left side of the road on foot, an R.T.C. bus dashed against him and the accident was solely on account of rash and negligent driving of the bus by its driver. Therefore, the finding recorded by the Tribunal to that effect does not call for any interference. 8. Regarding the quantum of compensation, the medical evidence adduced by the claimant fairly established that he sustained multiple fracture injuries and he had undergone treatment in various hospitals during different spells as stated above and during the course of such treatment, his right leg was also amputated up to knee. The claimant filed medical bills showing to the extent of Rs.2,47,580/-, and based on documentary evidence adduced by the claimant, the Tribunal was justified in awarding the said amount. The amount of Rs.30,000/- awarded towards pain and suffering cannot also be considered to be excessive or unreasonable having regard to the nature of the injury sustained by the claimant. 9. According to the claimant, he was doing business in the name of Sri Rajeswari Textiles and was an income tax assessee and he filed Ex.A-17, pan card and Ex.A-18, income tax returns from 2002 to 2005. The Tribunal has awarded compensation of Rs.1,25,000/- towards compensation for the disability which has resulted on account of amputation of the right leg up to knee. The said amount cannot also be considered to be unreasonable or excessive. 10. In the circumstances, having regard to the nature of the injury sustained by the claimant, and the nature of the treatment undergone by him as in-patient in different hospitals, during different spells, and having regard to the fact that it was at considerable cost and having regard to the fact that injuries have ultimately led to physical disability on account of the amputation of the right leg, the amount of Rs.4,02,580/- awarded by the Tribunal is held to be just and reasonable compensation. 11. There are absolutely no valid or sufficient grounds to interfere with the award passed by the Tribunal. 12. In the result, the appeal is dismissed. No costs. ________________ 19-09-2011 KVR