F.A.No.1191/2008  against C.C.No.341/2006, Dist. Forum-I, Visakhapatnam.    

Between:

1.The Zonal Manager,

A.P.S.R.T.C.,

Vizianagaram.

2.The Depot Manager,

A.P.S.R.T.C.,

Maddilapalem,

Visakhapatnam.                                  …Appellants/

                                                           Opp.parties

       And

Smt. T.Rajeswari,

W/o.T.V.Rajendra Rao, aged 60 years,

Hindu, Housewife, R/o.D.No.9-5-54/B,

Devi Nilaya Sivajipalem,

Visakhapatnam-530 017.                      …Respondent/

                                                          Complainant

Counsel for the Appellants          :     M/s.K.Srinivas Rao                                                                                                                    

Counsel for the Respondent       :      M/s.V.Gowrisankar Rao    

CORAM : SMT. M.SHREESHA, HON’BLE MEMBER

AND

SRI K.SATYANAND, HON’BLE MEMBER

                MONDAY, THE  THIRTY FIRST DAY OF  AUGUST, 

                                TWO THOUSAND NINE. 

Oral Order (Per  Smt M.Shreesha, Hon’ble Member)

   ***

            Aggrieved by the order in C.C.No.341/2006  on the file  of  District Forum-I, Visakhapatnam the opposite parties preferred this appeal .

        The brief facts as set out in the complaint are that the complainant  along   with  her sister  Smt.D.Lalithakala  on 23.3.2006 boarded the city bus bearing no.A.P.9Z 2787  plying in route no. 541  at Vepagunta to go to Maddilapalem  and purchased ticket bearing nos.184864488 and  184864489 and both of them sat on the third seat on the right hand side behind the driver.   While the  bus was approaching Maddilapalem suddenly  flames came from the batteries   fixed underneath the second  seat i.e. the front seat  and the complainant’s saree  caught fire and  was burnt   and both the legs from feet to thigh portion sustained severe burn injuries.   The complainant  was admitted in MVP hospital and was treated as inpatient for a  period of 13 days i.e. from 23.3.2006 to 5.4.2006   and she incurred an expenditure of Rs.50,000/- for medical expenses.   The burns left  deep scars on both the legs giving a frightful sight.   The complainant’s husband made  several representations to the opposite parties   demanding for compensation  but there was no response.    The  second opposite party in his reply dt.9.5.2006  stated that their enquiry revealed that the incident took place on account of throwing  a lighted cigarette into the bus by some external sources.   The complainant submits that  the fire broke out while the bus was running and there is no possibility of  external source for fire   causing the   incident.  The complainant submits  that due to deficiency in service on the part of the opposite party the incident took place.  Hence the complainant approached the District Forum to direct the opposite parties  to pay Rs.3 lakhs towards compensation  and  to pay Rs.5000/- towards costs. 

        Second opposite party  filed counter stating that an enquiry was made on the incident  which had taken place  as a  result of some external force throwing   a burning cigarette into the bus. Soon after the incident,  the Asst. Manager, Traffic rushed to the spot offering to provide necessary medical treatment but the complainant refused to undergo. There is no  deficiency  of service on their  behalf and they are not liable to pay compensation and prayed  for  dismissal of the complaint. 

         First Opposite Party adopted the counter of second opposite party. 

        On the basis of  evidence adduced i.e. Exs.A1 to A15 and Exs.B1 to B3 and pleadings put forward  allowed the complaint  directing the opposite parties to pay Rs.2 lakhs towards compensation and Rs.1000/- towards costs.

           The facts not in dispute  are that the complainant and her sister boarded a city bus no. AP9Z 2787  on 23.3.2006  to go to  Maddilapalem  and  occupied third seat on the  right side behind the driver.   It is the case of the complainant that     the flames suddenly came  from the batteries  fixed underneath the second seat  as a result of which the complainant’s  sari caught fire  and she received severe burn injuries  from feet to thigh portion  and she underwent treatment till 5.4.2006  as an  inpatient in MVP Hospital  and also continued treatment as  out patient for several  days.   The burns left behind, deformity in the right leg  and also  deep scars on both legs which is also  due to deficiency in service  on behalf of the opposite parties.  It is the case of the appellants/opposite parties  that the fire accident occurred because of throwing of lightened cigarette  into the running bus by an external force and therefore there is no negligence on behalf of the  Corporation.  They further contend that immediately after incidence, Officers of the Corporation rushed to the spot offering necessary medical treatment to the complainant but she refused to accept the same and that the District Forum has erred in awarding compensation  of Rs.2 lakhs and costs of Rs.1000/-.  It is pertinent to note that the fire accident, per se, is not in dispute and Ex.A8 reveals that the opposite parties submitted that  a detailed enquiry   was conducted into the fire accident which  occurred in bus  AP 9Z 2787  on road no.541  on  23.3.2006    and accident occurred because of  throwing a lightened  cigarette   into the bus by some external force. The contention of the appellants/opp.parties that fire  accident occurred in bus no. AP.10Z 8727  on 23.3.2006  is unsustainable in the light of Ex.A8.   It could be a  typographical  error  that the opposite party no.2 mentioned in  their  letter  dt.31.3.2006  Ex.B1   A.P.no.10Z 8727  instead of AP9Z 2787.  It is not in dispute  that there was fire accident and that the complainant’s sari was burnt and that the complainant sustained serious injuries.  The evidence affidavit filed for the Asst. Mechanical Foreman, Steel City Depot  states as follows:

“all the buses fitted two individual battery cases with nice wooden coverage”. 

Therefore there is no possibility of short circuit. We observe from the record that there is absolutely no documentary  evidence in support of the contention of the appellants/opposite parties that the fire accident was caused  due to throwing of lightened cigarette.  The District Forum taking into consideration  the traumatic  incidence and that the fact that burn injuries take time for healing  and the expenses incurred by the complainant and her husband who are senor citizens  awarded an amount of Rs.2 lakhs  towards compensation and Rs.1000/-    towards costs.   

        It is an admitted fact that the complainant was admitted as an  inpatient on 23.3.2006 in   MVP hospital  and discharged on 5.4.2006  and medical bills marked as Ex.A15 and Case Sheet marked as Ex.A11  clearly shows  the extent of burn injuries.  Taking into consideration  Ex.A4 dt.22.4.2006,  written by the complainant’s husband to the  Depot Manager, APSRTC, in which the complainant’s husband  sought compensation of Rs.1 lakh  and also taking into consideration that in  the letter dt.9.5.2006 (Ex.A6) addressed to the  Regional Manager , APSRTC, the complainant’s husband asked for Rs.1 lakh towards compensation , we are of the considered view that the compensation awarded  by the District Forum  shall be reduced to Rs.1 lakh  in addition to the medical  expenses incurred by the complainant which as per  Ex.A15    is  Rs.32,600/-    and we confirm  amount of Rs.2000/-  awarded by the District Forum towards costs. 

        In the result this appeal is allowed in part reducing the compensation awarded by the District Forum to Rs.1 lakh  in addition to the medical expenses of Rs.32,600/-   and we confirm costs of Rs.2000/- awarded by the District Forum.  Time for compliance four weeks. 

MEMBER

                                                        MEMBER

                                                          Dt. 31.8.2009