IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND ELEVEN Present HON’BLE SRI JUSTICE G. BHAVANI PRASAD CIVIL MISCELLANEOUS APPEAL No.4584 of 2003 Between: The Depot Manager, APSRTC & another .. Appellants AND Smt. Rizwana Begum .. Respondent The Court made the following: HON’BLE SRI JUSTICE G. BHAVANI PRASAD CIVIL MISCELLANEOUS APPEAL No.4584 of 2003 JUDGMENT: This appeal is directed against the award in O.P.No.1357 of 2001, on the file of the Motor Accidents Claims Tribunal-cum- Additional District Judge, at Nizamabad, dated 14.08.2003. 2. The respondent herein claimed a compensation of Rs.3,00,000/- from the Andhra Pradesh State Road Transport Corporation, represented by its two officials claiming that when she was travelling in the APSRTC Bus No.AP 10Z 8835 on 13.03.2001, the bus met with an accident at about 3.00 p.m. near Almaipet Village due to the rash and negligent driving by the driver in high speed. The bus dashed against the Maharashtra State Road Transport Corporation Bus No.MH 20D 3016 resulting in severe injuries to the respondent herein on the back, dorsum, lumbar spine, left knee and other parts of the body. She was first taken to Government Hospital, Jogipet, and then to Tirumala Hospital, Nizamabad, where she was treated by Dr. T. Narsing Rao. She claimed to have spent Rs.50,000/- towards medicines and for extra nourishment. 3. The corporation contested the claim denying the allegations of the respondent herein or any rashness and negligence in driving the APSRTC bus and claimed the compensation to be excessive. 4. The Tribunal framed issues about the responsibility for the accident and entitlement of the claimant to compensation and examined P.Ws.1 and 2 and marked Exs.A-1 to A-9 during the enquiry. 5. The Tribunal rendered the impugned award accepting the evidence of P.W.1 about the rash and negligent driving of the APSRTC bus driver causing the accident, as her evidence was corroborated by Ex.A-1-First Information Report and Ex.A-3- Charge sheet and not controverted by any evidence for the respondents. The Tribunal referred to the evidence of P.Ws.1 and 2 about the injuries and the treatment which P.W.1 received from P.W.2 and noted P.W.2 stating that the three injuries resulted in 35% permanent partial disability as stated in Ex.A-2. The Tribunal, therefore, granted Rs.1,60,000/- as compensation for the three injuries and fracture and Rs.20,000/- towards medicines and for extra nourishment and Rs.10,000/- towards past and future pain and suffering. In total, the Tribunal granted Rs.1,90,000/- payable with interest at 9% per annum and proportionate costs. 6. The Andhra Pradesh State Road Transport Corporation represented by its two officials filed the present appeal contending that the accident did not occur due to the rash and negligent driving of the driver of the APSRTC bus. He has also contended that P.W.1 was not proved to have been taken to Government Hospital, Jogipet, where she was given first aid as alleged and the records of the said hospital could have been produced to probablise the same and hence, it is clear that P.W.1 manipulated the records to show that injuries were received in the accident. The evidence of P.W.2 and Exs.A-2 to A-5 did not show about the alleged surgery which P.W.1 underwent and the contradictions between P.Ws.1 and 2 about the period of treatment were ignored. The amount of Rs.1,60,000/- granted by the Tribunal was not explained under what heads or for what reasons. Hence, grant of compensation including medical expenses and extra nourishment and pain was excessive. The corporation, therefore, desired the impugned award to be reversed. 7. Heard Sri M. Ramesh Goud, learned counsel representing Sri C. Sunil Kumar Reddy, learned standing counsel for the appellant and none appeared for the respondents though notices of the appeal were served on the respondents. 8. The points that arise for consideration in this appeal are about the responsibility for the accident and the compensation to which the claimant is entitled. 9. In so far as the responsibility for the accident is concerned, the earliest version in Ex.A-1-First Information Report was registered on the report of the driver of the Maharashtra State Road Transport Corporation bus and he specifically alleged that the APSRTC bus was driven in high speed, rashly and negligently and hit his bus and then turned turtle. Ex.A-3-charge sheet contains the result of independent investigation by the Statutory Investigating Agency and the police examined as many as 21 witnesses during the investigation by the three Investigating Officers. The police found that the APSRTC bus driver was guilty of the offences punishable under Sections 337 and 338 of the Indian Penal Code necessarily involving rashness and negligence of the driver of the APSRTC bus. Even assuming that the claim of P.W.1 about the cause of the accident was tainted with interestedness, the corroboration afforded by Exs.A-1 and A-3 and the absence of any contrary evidence for the corporation show that the conclusion of the Tribunal about the APSRTC bus driver being responsible for the accident with his rash and negligent driving cannot be considered improper or unreasonable. The bus driver or any other passenger or any other eye witness could have been examined by the corporation to contradict the claims of P.W.1, but the corporation made no such efforts and hence, it cannot find fault with the findings of the Tribunal in this regard. 10. The grounds of appeal seek to raise doubts about the travel of P.W.1 in the bus at the relevant time and her being injured in the subject accident, but it is seen from Ex.A-3-charge sheet that P.W.1 was cited as L.W.10 therein and P.W.2 was cited as L.W.21. The final report/charge sheet clearly stated that the claimant herein and P.W.2 were examined by the police during the course of investigation along with the other passengers and drivers, etc., and the police found that P.W.1 received grievous injuries during the course of the accident for which she was treated by P.W.2. The independent conclusions of the police in the discharge of their statutory duties cannot be doubted in the absence of any contrary evidence for the corporation and the absence of production of any records of the Government Hospital, Jogipet, will not be suffice to throw any doubt on the claims of P.Ws.1 and 2 on oath before the Tribunal about P.W.1 being injured in the accident and being treated by P.W.2. 11. Then coming to the injuries and their consequences and the consequential compensation to be awarded to the claimant, the evidence of P.W.2 is about P.W.1 being admitted in his hospital immediately after the accident on 14.03.2001 when she was found to have suffered the posterior dislocation of left elbow, contusion on the back dorsum lumbar spine and Haemo- Orthosis of the left knee and other grievous injuries all over the body. The doctor stated about again examining P.W.1 on 18.01.2003 and finding 35% permanent partial disability due to painful elbow movements and knee joint movements. Though there is some discrepancy about the dates of treatment between P.Ws.1 and 2, it should be remembered that P.W.1 was speaking about the period of treatment long after the treatment and lapse of human memory due to lapse of time should not be ignored. P.W.1 also stated about the injuries still leaving severe pain in the left knee and disability to work with the left hand to carry on her avocation of doing embroidery work. Though during her cross- examination, her claims are denied, there is no contrary evidence to totally discredit the corroboration afforded to P.W.1 by P.W.2. Therefore, it can be taken that P.W.1 was probablised to have suffered the three injuries in the accident and to have been left with 35% permanent partial disability stated by P.W.2. 12. The occupation of P.W.1 was stated to be doing embroidery work from which she was getting an income of Rs.6,000/- per month, but there was no corroborative evidence either for the avocation or for her probable income. In the absence of any satisfactory corroboration for the interested claims of P.W.1, her income from such occupation can be considered to be the income notionally taken as Rs.15,000/- per year by the II Schedule to the Motor Vehicles Act, 1988, in the case of non-earning persons and if there was 35% permanent partial disability with reference to the painful elbow movements and knee joint movements, the consequent impact on the total functioning ability of the whole body vis-à-vis, the avocation of P.W.1 can be taken to be about 20%. The appropriate multiplier which can be applied for the age of 22 years of P.W.1 will be 18 as per SARLA VERMA VS. DELHI TRANSPORT CORPORATION AND ANOTHER[1] and with 20% effect on the future earnings of P.W.1 due to the disability, the loss can be estimated at about Rs.54,000/-. The three grievous injuries can be considered to be compensated by a sum of Rs.20,000/- each or Rs.60,000/- in toto towards pain and suffering and towards medical expenses. Though P.W.1 claimed to have incurred an expense of Rs.50,000/- , the medical bills, Exs.A-7 to A-9, were to a tune of Rs.558/- each. 13. The compensation towards medical expenses, extra nourishment, attendant charges, transport charges, damage to clothing and any other heads of pecuniary and non-pecuniary damages can be assessed to be about Rs.15,000/- in toto. If the future loss of income, the compensation for pain and suffering and the compensation for all other pecuniary and non-pecuniary damages is so calculated, the approximate compensation payable will come to about Rs.1,29,000/- which can be rounded off to Rs.1,30,000/-. 14. The assessment of just and adequate compensation has to be on the basis of definite principles and provisions and cannot be an unreasoned lump sum grant at pleasure as done by the Tribunal at Rs.1,90,000/- in total. The evidence on record justifies grant of Rs.1,30,000/- towards compensation and, therefore, the compensation awarded by the impugned award has to be reduced by Rs.60,000/-. The grant of interest at 9% per annum and proportionate costs is not to be interfered with. 15. In the result, the award, dated 14.08.2003, in O.P.No.1357 of 2001, on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Nizamabad, is modified by reducing the compensation by Rs.60,000/- and awarding a compensation of only Rs.1,30,000/- with interest at 9% per annum from the date of the petition till the date of realization and proportionate costs to the claimant against the respondents and the Civil Miscellaneous Appeal is allowed in part, accordingly, without costs. _____________________ G. BHAVANI PRASAD, J Date: 3rd February, 2011 KL HON’BLE SRI JUSTICE G. BHAVANI PRASAD CIVIL MISCELLANEOUS APPEAL No.4584 of 2003 Date: 3rd February, 2011 KL [1] 2009 ACJ 1298