WHEN THE EFFECTIVE CONTROL AND COMMAND OF THE BUS IS WITH THE CORPORATION, THE CORPORATION BECOMES THE OWNER OF THE VEHICLE FOR THE SPECIFIED PERIOD :TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 29 March, 2023 stating that when the effective control and command of the bus is with the Corporation, the Corporation becomes the owner of the vehicle for the specified period. It was stated in the case of Andhra Pradesh State Road Transport Corporation vs P. Madhusudhan Reddy, Adilabad(M.A.C.M.A.No.2095 of 2017) which was passed by the single judge bench comprising of M.G.Priyadarsini
FACTS OF THE CASE:
The claimant filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.5,00,000/- for the injuries sustained by him in the road accident that occurred on 21.12.2009. According to the claimant, on the fateful day, he boarded a bus bearing No. AP 15 Y 8557, owned by respondent No. 1, insured with respondent No. 2, hired by respondent No. 3, from Secunderabad to Mancherial. At about 04:25 a.m., when the said bus reached at the outskirts of Kundanapalli village on Rajiv Rahadar Highway, suddenly the said bus went beyond the road margin and fell down from a bridge in a Nala. As a result, the claimant was crushed in the bus and sustained multiple fractures and injuries all over the body. Immediately, he was taken to Government Area Hospital, Godavarkhani and thereafter he was admitted as inpatient in Apollo Hospital, Hyderabad, on 22.12.2009 and discharged on 30.12.2009 and underwent two surgeries on 23.12.2009 & 25.12.2009 respectively. He spent Rs.2,50,000/- towards hospital and medical expenses. According to the claimant, he was hale and healthy and earning Rs.15,000/- per month on business. Due to the accident, he suffered permanent disability and lost his earning capacity. Therefore, he laid the claim against the respondents.
JUDGEMENT OF THE CASE
The finding of the tribunal in fastening liability jointly and severally upon the RTC along with insurance company is not sustainable under law and liable to be set aside.Accordingly, the M.A.C.M.A stands allowed setting aside the findings of the tribunal to the extent of fastening liability jointly and severally upon the appellant-RTC along with the Insurance Company, respondent No. 2. The appellant-RTC is exonerated from the liability of payment of compensation and the respondent No. 1 being owner and respondent No. 2 being insurer of the crime bus are liable to pay the compensation. The appellant-RTC is at liberty to recover the amount, if any already paid/deposited, from the insurer i.e., respondent No. 2. The rate of interest is reduced from 9% per annum to 7.5% per annum from the date of filing of O.P. till the date of realization. There shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.