- (1.) The Managing Director and the Depot Manager, Zaheerabad Depot of the Andhra Pradesh State Transport Corporation ('the Corporation' for brevity) the appellants herein assail the award dated 21.07.1997 passed by the learned Chairman, Motor Accident Claims Tribunal, Nizamabad, in O.P.No.366 of 1996. The injured claimant is the respondent herein who filed his Cross-Objections claiming more compensation.
(2.) The claimant being a minor at the relevant time, through his father and guardian preferred the claim for an amount of Rs.3 lakhs for the injuries sustained by him in a motor accident on account of the rash and negligent driving of the driver of the Corporation bus. It is averred inter alia in the petition that the injured claimant who was aged about 15 years working as labourer and earned Rs.3,000/- per month met with an accident on 06.06.1995 at about 02.00 P.M. when he was going on foot on the road towards his left at the place of the accident. On account of the rash and negligent driving of the driver of the Corporation Bus bearing No.AP-9Z-4441 he was run over on his right leg and right hand on account of which he sustained multiple fractures on his right left and his right hand was amputated upto armpit. Initially, the injured was treated in the Government Hospital, Nizamabad, from where he was referred to Osmania General Hospital, Hyderabad, whereat he was treated as in-patient. The father of the injured incurred an amount of Rs.35,000/- towards medical expenses. Hence, the claim.
(3.) The Corporation resisted the claim mentioning inter alia in its counter that the accident was not due to rash and negligent driving of its driver; and that it was on account of the injured himself suddenly came running on the road and collided with the Bus and, therefore, it was on account of his own negligence. It is further averred that the claim of the injured was on high side. Basing on the above pleadings, the following issues were framed by the Tribunal: 1) Whether the accident was due to rash and negligent driving of the vehicle by its driver? 2) Whether the petitioner is entitled to compensation? If so, to what amount and against which of the respondents? 3) To what relief? At the time of enquiry, three witnesses were examined and Exs.A.1 to A.95 were got marked on the side of the claimant and one witness was examined and Ex.B.1 was got marked on the side of the respondents.;