IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Miscellaneous Appeal No.195 of 2004 Between: Janega Vijaya Laxmi .. Appellant AND Andhra Pradesh State Road Transport Corporation rep. by its Managing Director, Secunderabad and another .. Respondents JUDGMENT: This appeal is directed against the award in O.P. No.1699 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad, dated 25-09-2003. The appellant was getting down APSRTC bus No. AP9 Z1209 on 26-10-1999 at about 12.30 P.M. at Ramanthapur bus stop and the driver suddenly drove the bus rashly and negligently and hit the claimant, due to which the left wheel of the bus ran over her right leg. The appellant was treated at Osmania General hospital, Hyderabad and Uppal police registered crime No.339 of 1999 against the driver of the bus. The claimant aged about 17 years was adversely affected in her studies and hence, she claimed a compensation of Rs.1,50,000/- from the Andhra Pradesh State Road Transport Corporation represented by its two officers. The corporation contested the claim contending that the claimant is put to strict proof of the accident and the injuries, and the amount claimed is exorbitant. The corporation desired the claim to be negatived. The Tribunal framed issues about the rash and negligent driving of the bus, the quantum of compensation to which the claimant is entitled and the relief to be granted. P.W.1 and R.W.1 were examined and Exs.A.1 to A.7 were marked during the course of enquiry. The Tribunal rendered the impugned award firstly concluding that the accident occurred due to the rash and negligent driving by the driver of APSRTC bus, for which purpose the Tribunal accepted the evidence of the injured P.W.1 and the contents of Ex.A.1 first information report and Ex.A.2 charge sheet. The Tribunal deduced from the evidence of the conductor of the bus as R.W.1 that his claim about P.W.1 getting down the bus when the bus was moving was unnatural and improbable. The Tribunal considered Ex.A.3 injury certificate issued by Balaji Nursing home as probablising the grievous injury sustained by P.W.1 and hence, granted a compensation of Rs.10,000/- towards grievous injury, Rs.5,000/- towards pain and suffering, Rs.2,000/- towards the injury on the left hand and Rs.3,000/- under Ex.A.5 medical bills. Ex.A.6 photographs with negatives were also referred to as the basis for the compensation. The compensation was directed to carry interest at 9 per cent per annum and proportionate costs. The appellant/claimant contended in this appeal that the entire compensation as claimed should have been awarded in view of the grievous injuries and fractures suffered, the pain and suffering involved and the medical expenses incurred. Sri C. Vikram Chandra, learned counsel for the appellant and Sri K. Madhava Reddy, learned standing counsel for the Andhra Pradesh State Road Transport Corporation are heard. The conclusion of the Tribunal about the responsibility of the bus driver for the accident with his rash and negligent driving was not challenged by any party and has become final. The vicarious liability of the corporation to justly and adequately compensate the claimant for the injuries suffered and the consequences that ensued due to the accident is, therefore, clear. It is only the quantum of compensation that needs a reassessment in the appeal. The claimant stated that due to the running over of the front left wheel of the bus over her right leg, she sustained a fracture injury and she also sustained an injury on the left hand. The Tribunal accepted the evidence of P.W.1 corroborated by Ex.A.3 wound certificate of Balaji Nursing home and Ex.A.4 wound certificate of Osmania General hospital and concluded that she suffered grievous injuries on the right leg and left hand. Both injuries were compensated only with a sum of Rs.12,000/- and pain and suffering, extra nourishment, transport, etc., are sought to be compensated by only Rs.5,000/-. Ex.A.6 photographs show the gravity and impact of the injuries on the right leg and left hand of the injured P.W.1 and the Tribunal had also the benefit of observing P.W.1 in person though there was no specific medical evidence in corroboration of her claims produced before the Tribunal. The production of any medical evidence is superfluous, as the corporation in its written statement did not contradict the claim of P.W.1 about the accident and the injuries suffered specifically, but only put the claimant to strict proof of such allegations. R.W.1 himself in his evidence stated that P.W.1 fell down from the bus and received injuries. Therefore, towards the injuries and pain and suffering involved, the Tribunal ought to have compensated P.W.1 with higher sums. In the light of the wound certificates Exs.A.3 and A.4 and Ex.A.5 bunch of medical bills, the Tribunal could have, undoubtedly, granted Rs.2,000/- more towards medical expenses, Rs.5,000/- more towards pain and suffering, extra nourishment, transport, attendant charges, damage to clothing and other inevitable expenditure involved during the period of hospitalization and treatment. The Tribunal should also have granted at least Rs.13,000/- more towards the two grievous injuries suffered by the claimant and altogether the appellant would have been entitled to another Rs.20,000/- under the heads of damages already awarded. The adverse impact of the accident on the studies of P.W.1 was not compensated at all and the injured aged 17 years and studying 10th class was going for writing her examination at the time of accident and the disablement caused due to the accident must have had an adverse impact on her studies, which can be compensated by a minimum sum of another Rs.5,000/-. In any view, an overall assessment of the facts and circumstances shows that grant of a total compensation of Rs.45,000/- would have met the requirement of granting a reasonable compensation to her. Hence, the compensation already awarded should be enhanced by Rs.25,000/-. The enhanced compensation can be directed to carry interest at 6 per cent per annum in the light of the distance of time for which such interest has to be paid. Proportionate costs, of course, shall be granted on such amount also. In the result, the award, dated 25-09-2003 in M.V.O.P. No.1699 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad is modified by awarding a further compensation of Rs.25,000/- (Rupees twenty five thousand only) with interest thereon at 6 per cent per annum from the date of the petition till the date of realization and proportionate costs in addition to the compensation already awarded by the impugned award and the appeal is allowed accordingly in part without costs. _____________________ G. BHAVANI PRASAD, J Date: 22-03-2011 Svv