HON’BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.2533 of 2006 JUDGMENT: The appeal is filed by the Andhra Pradesh State Road Transport Corporation Limited, challenging the order dated 04.07.2006 passed in O.P.No.314 of 2005 on the file of the court of V Additional District Judge, Karimnagar. The facts stated are that on 22.10.2004 at about 5.25 A.M. when the claimant and his friend reaching near Geetha Bhavan Chowrastha, on a motor cycle, an APSRTC bus bearing No.AP-11-Z-3194 driven by its driver/R-1 with high speed, in a rash and negligent manner dashed against their motor cycle. As a result of which, the claimant fell down and sustained fractures and also head injury. Hence, the claimant filed the above said O.P. under Section 166 (1) (a) of Motor Vehicles Act, 1988 claiming compensation of Rs.7,00,000/- for the injuries sustained by him. Before the Tribunal, respondent No.1-driver of the bus remained ex parte. Respondent No.2 filed its counter denying the allegations made in the petition. It was further contended that the driver was driving the bus from Hanmakonda to Nizamabad and while taking turn near Geetha Bhavan Chowrastha at Karimnagar, motor cycle of the claimant came in a wrong direction and dashed against the left side of the bus and fell down. There was no negligence on the part of the driver and respondents are not liable to pay the compensation. Based on the rival claims, necessary issues were framed. On behalf of the claimant, PWs 1 and 2 examined and Exs.A.1 to A.13 were marked. On behalf of the respondents R.W.1 was examined and no documents were marked. On consideration of evidence on record, the Tribunal held on the Issue No.1 that the accident occurred due to rash and negligent driving of the driver of the APSRTC bus and awarded a sum of Rs.2,23,000/- with 6% interest per annum from the date of petition till the date of realization. Aggrieved by the same, Corporation filed this appeal. Heard both sides and perused the material made available on record. Learned Standing counsel appearing for the appellant/Corporation submits that the Tribunal has not examined the eye witnesses and had erred in awarding a compensation of Rs.1,23,000/- on the head of medical expenses, in the absence of oral evidence. He also submits that there is no proof to show that the claimant-1st respondent is getting an income of Rs.10,000/- per month. As seen from the record, the accident occurred on 22.10.2004 and the claimant underwent surgeries and treatment for 16 days in PIMS, Nagnoor. Later, he was admitted as inpatient from 07.02.2005 to 15.02.2005 in NIMS, Hyderabad. He engaged an attendant by paying Rs.2,000/- per month for six months and he spent Rs.2,00,000/-. Before the accident, the claimant worked as Waiter in Pennensular Oriental Navigation Company, South Hampton, UK and used to earn @ 220 pounds per month. The Tribunal has rightly held that the claimant has got valid Visas and got potentiality to go to abroad and earn money. So, fixed the monthly income of the claimant at Rs.10,000/- per month. Therefore, the Tribunal has rightly granted compensation of Rs.2,23,000/-. Hence, I see no reasons to interfere with the order of the Tribunal and the appeal is liable to be dismissed. Accordingly, the appeal is dismissed. There shall be no order as to costs. ___________________ GHULAM MOHAMMED,J 30th December, 2010. PNV