IN THE ABSENCE OF ANY REBUTTAL EVIDENCE THE CONTENTION THAT THERE IS CONTRIBUTORY NEGLIGENCE, IS NOT SUSTAINABLE :TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 20 April, 2023 stating that in the absence of any rebuttal evidence the contention that there is contributory negligence, is not sustainable. It was stated in the case of The A P S R T C vs Y Sunitha(M.A.C.M.A.No.1862 of 2018|) which was passed by the single judge bench comprising of Hon’ble Justice M.G.Priyadarsini
FACTS OF THE CASE:
The claimant filed a petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.1,00,000/- for the injuries sustained by her in a road accident that occurred on 30.05.2015. It is stated that on the fateful day, while the claimant was travelling in auto from choudarpally to Kothapet market, Hyderabad and at about 05:00 p.m., one RTC bus bearing No. AP 29 Z 0962, being driven by its driver, came in rash and negligent manner at high speed and dashed the auto from backside, in which the claimant was travelling. As a result, the claimant sustained fracture injuries all over the body. Immediately, she was admitted as inpatient in Delta Hospital, Hastinapuram. She spent Rs.20,000/- towards medical expenses. Hence, she laid the claim against the respondents, seeking compensation of Rs.1,00,000/- under various heads.. Considering the claim and the counter filed by the RTC, and on evaluation of the evidence, both oral and documentary, the learned Tribunal has partly allowed the O.P. and awarded compensation of Rs.48,100/- with interest at 7.5% per annum to be payable by the respondents. Challenging the same, the present appeal has been filed by the RTC.
JUDGEMENT OF THE CASE
The officials of RTC did not take any steps such as summoning the driver of the bus or examining any of the passengers in the bus, who are the best persons to speak in this regard. The claimant herself examined as P.W.1 and in her cross-examination, she stated that the accident occurred only due to rash and negligent driving of the driver of the RTC bus. Further, Police after thorough investigation laid charge sheet against the driver of RTC bus. Therefore, in the absence of any rebuttal evidence, the contention of the learned Standing Counsel for the RTC that there is contributory negligence on the part of the driver of the auto, in which the claimant is travelling, is not sustainable and the same is hereby rejected.Insofar as the quantum of compensation is concerned, the Ex.A.3, discharge summary issued by Delta Hospital, discloses that the claimant sustained head injury and admitted as inpatient on 30.05.2016 and also discharged on the very same day. Considering the said facts, the tribunal has rightly awarded Rs.30,000/- towards injuries; Rs.3,150/- towards medical bills by relying upon Ex.A4, bunch of medical bills; Rs.5,000/- towards pain and sufferings; Rs.5,000/- towards loss of amenities of life and Rs.5,000/- towards transportation and extra nourishment. Thus, the quantum of compensation awarded by the Tribunal is just and reasonable and the same needs no interference by this Court.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.