IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU DATE: 12.08.2011 M.A.C.M.A. NO.2011 OF 2011 Between : The A.P.State Road Transport Corporation and another. …APPELLANTS A N D B.Jagadesh Kumar …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A. NO.2011 OF 2011 JUDGMENT: This M.A.C.M.A., under Section 173 of the Motor Vehicles Act, 1988, (for short, “the Act”), is directed against the Judgment and decree, dated 23.10.2009, in O.P.No.828 of 2007, on the file of the XXII Additional Chief Judge-cum-Motor Accident Claims Tribunal, City Criminal Court, Hyderabad, whereunder and whereby, the petition, filed under Section 166 of the Act, claiming compensation of Rs.3,00,000/- for the injuries sustained by the appellant in a motor accident, was partly allowed granting compensation of Rs.1,99,500/- 2. The appellants in the M.A.C.M.A. are the respondents, and the respondent in the M.A.C.M.A. is the petitioner, before the Tribunal. For better appreciation of facts, the parties hereinafter are referred to, as they are arrayed before the Tribunal. 3. The brief facts are that, on 26.01.2001, the petitioner was proceeding on a Bajaj Chetek along with his friend from Aramaisamma temple towards Langer House and when they reached near Hydershakota turning, an APSRTC bus bearing No.AP-11-Z-1180, came in opposite direction in a rash and negligent manner and dashed the scooter, as a result of which, the petitioner fell down and sustained fracture. Immediately after the accident, the petitioner was shifted to Aditya Hospital, where he was treated as inpatient. Due to the accident, the petitioner underwent surgery and was confined to bed rest. The petitioner incurred more than Rs.1,75,000/- towards medial expenses. Prior to the accident, the petitioner was working as Security Guard and earing a sum of Rs.7,000/- per month. Hence, the claim petition. 4. Respondent Nos.1 and 2 filed common counter denying the allegations made in the petition. It is stated that the accident occurred due to negligence on the part of the petitioner. 5. Basing on the above pleadings, the following issues have been framed for trial. “1. Whether the accident resulting in injuries to the petitioner occurred owing to the rash and negligent driving of the driver of the bus bearing No.AP-11-Z-1180? 2. Whether the petitioner is entitled for compensation and, if so, to what amount and from whom; and 3. To what relief? 6. During trial, on behalf of the petitioner, P.Ws.1 to 3 were examined and Exs.A.1 to A.13 were got marked, and on behalf of the respondent, no oral or documentary evidence was adduced. 7. The Tribunal, after considering the evidence on record, partly allowed the claim petition granting a sum of Rs.1,99,500/- against Respondent Nos.1 and 2 jointly and severally. Aggrieved thereby, this appeal is preferred by the APSRTC. 8. Now the point for determination is whether the order of the Tribunal is correct, legal and proper? 9. Learned counsel for the appellants/respondents contended that there is collusion between the petitioner’s vehicle and R.T.C. bus in the opposite direction; that there was negligence on the part of the driver of the Scooter, who is no other than the respondent/petitioner and therefore, the liability has to be apportioned equally and hence, he prays to modify the finding with regard to the contributory negligence on the part of the respondent. 9. On the other hand, learned counsel for the respondent/petitioner contended that police registered a case against the driver of the RTC bus; that the accident caused due to negligence of the driver of the bus and therefore, the question of contributory negligence in the circumstances of the case does not arise and therefore, there are no grounds to interfere with the impugned judgment and hence, he prays to dismiss the appeal. 10. The appeal is filed with regard to the finding that the accident occurred due to the rash or negligent driving by the driver of the Corporation bus or due to the contributory negligence on the part of the petitioner. 11. Rashness does not consist of high speed but consists of not keeping in mind the rules of road safety and prudence. Negligence, on the other hand, is a gross culpable neglect or failure to exercise such reasonable care and caution, which have to be taken in the circumstances of the case. 12. The evidence of P.W.1 would clearly go to show that while he was proceeding on Bajaj Chetek Scooter along with his friend and when they reached near Hydershakota turning, the RTC bus, driven by its driver came in a rash or negligent manner and dashed the scooter, due to which, the petitioner fell down and sustained injuries. Basing on his report, police registered a case against the driver of bus under Section 338 IPC, under Ex.A.1. After completion of investigation, police filed charge sheet against the driver of the bus under Ex.A.2. The driver of the bus is required to take a greater care while he was driving the bus because there was a turning at the place of the accident. While negotiating the turning, the driver of the bus must have lost control over the vehicle and dashed the scooter. The driver must be care enough at the turning and he has to necessarily slow down the vehicle so as to negotiate the curve. But, the driver of the bus drove the bus, rashly or negligently as a result of which, he dashed the scooterist, who was coming in the opposite direction. The question of contributory negligence, in the circumstances of the case, does not arise in view of the fact that police did not register any case against the driver of the scooter, who is no other than the petitioner. There is no rebuttal evidence adduced by the appellants to show that there was some negligence on the part of the petitioner in causing the accident. So in the absence of such evidence, it cannot be said that the accident occurred due to contributory negligence of both drivers so as to apportion the liability. 13. With regard to the quantum, the petitioner filed medical bills, marked as Ex.A.6 to A.10, which would clearly go to show that he incurred a sum of Rs.1,43,000/- for the injuries sustained by him. Out of that an amount of Rs.60,000/- was paid from Chief Ministers Relief Fund and remaining amount of Rs.83,753/- was incurred by the petitioner. He was admitted in Aditya Hospital on 27.01.2007 and discharged on 16.02.2007. Operation was conducted for the injuries and steel plates were fixed. After discharging from the hospital, the petitioner attended the hospital periodically. He must have underwent pain and suffering for all these days when he was undergoing treatment in the hospital as inpatient. Therefore, granting an amount of Rs.25,000/- under the head of pain and suffering cannot be shown to be on higher side. The petitioner is working as a Security guard at the time of the accident and he filed Ex.A.11-pay slip, which would disclose that he was getting a sum of Rs.5,091/- per month. For the purpose of treatment and rest, an amount of Rs.36,655/- was granted and that amount was not shown to be on higher side. Therefore, the Tribunal, after considering the evidence available on record and the nature of injuries sustained by him, rightly granted compensation and there are no grounds to interfere with the impugned judgment. 14. Accordingly, the M.A.C.M.A. is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J AUGUST 12, 2011 YVL