IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.S. APPA RAO CIVIL MISCELLANEOUS APPEAL No.3671 of 2003 BETWEEN G.Chandramma w/o G.Chandraiah … Petitioner AND 1. Balraj Occ: Tractor Driver in the office of Regional Station for Forage Production and Demonstration, Mamidipally, Hyderabad, R/o Sardar Nagar Village, Maheshwaram Mandal, R.R. District. 2. The Ministry of Agriculture Department of Animal Husbandry & Dairying, Rep. by its Director, Govt. of India, Office of Regional Station for Forage, Mamidipally, Hyderabad … Respondents THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL No.3671 of 2003 JUDGMENT: Being aggrieved by the order and decree dated 30.06.2003 passed in O.P.No.902 of 1999 on the file of the II Member Tribunal for Disciplinary Proceedings–cum-VII Additional Chief Judge, City Civil Court, Hyderabad, the present Civil Miscellaneous Appeal is filed. 2. The appellant herein is the petitioner in the O.P.No.902 of 1999 and she filed the present appeal claiming a compensation of Rs.1,00,000/- for the injuries sustained by her in a road traffic accident that occurred on 10.12.1978. The Tribunal while disbelieving the evidence of PW.1 dismissed the claim petition observing that the petitioner failed to prove that she sustained injuries in the road traffic accident. Aggrieved by the findings of the Tribunal below, the present civil miscellaneous appeal is filed. 3. Now, the point for consideration is: Whether the Order of the Tribunal below is sustainable? P O I N T: 4. In order to prove her claim, PW.1 and P.W.2 were examined and filed Exs.A-1 to A-3. Ex.A-1-Discharge ticket dated 15.02.1979; Ex.A-2-Appointment order dated 31.03.1994 and Ex.A- 3 is Office copy of Office order dated 06.05.1994. On behalf of the respondents, RW-1 and RW-2 were examined and no documents were marked. 5. The contention of the learned counsel for the petitioner is that the accident occurred on 10.12.1978 at 1.30 PM, when the 1st respondent while driving the tractor in rash and negligent manner, dashed against the petitioner, as a result, the petitioner suffered fracture of left leg and left hand. 6. As seen from the cause title, the number of the tractor is not noted. No evidence was adduced that the tractor driver- 1st respondent was involved in the accident. The 2nd respondent filed its counter stating that the petitioner is a regular employee of second respondent and the petitioner did not report about the accident to the police and that there is no disability. It is further observed that she is working in the farm along with other labourers since 1978, she produced the medical certificate dated 27.04.1994 for regularisation of service while proving the counter averments. 7. R.W-2-R.G. Gawai, Director-In-charge, Department of Animal Husbandry, Ministry of Agriculture was examined and he stated that the petitioner was working as casual labourer since 1978 and was appointed as Group-D employee in the year 1994 and the petitioner retired from the service and the 1st respondent was working as driver of the tractor and alleged that the accident did not take place. 8. Even though the respondents have taken specific plea that the alleged tractor did not involve in the accident and the 1st respondent is not the driver of the tractor, the petitioner did not adduce any evidence on that score. 9. Further more, the petitioner has not filed any medical certificate showing that she was permanently disabled and did not adduce any evidence to show that she sustained injuries in the accident as alleged in the First Information Report. 10. Therefore, the findings of the Tribunal below dismissing the petition against the claimant are hereby sustainable and as such I see no grounds to interfere with the decision of the lower Court. Accordingly, the order of the Tribunal below is sustainable. 11. In the result, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. ____________________ K.S.APPA RAO, J March 30th, 2011 SP