Compensation Cannot Be Allowed If There's No Injury: Telangana State Commission Dismisses Appeal Against TSRTC

The Telangana State Commission, presided by Smt. Meena Ramanathan And Sri. V. V. Seshubabu dismissed an appeal against TSRTC and held that as per the basic principles of torts, compensation cannot be awarded in cases where there is no injury. Brief Facts of the Case The complainant, a lawyer, booked a bus ticket online with TSRTC for travel from Dilsukhnagar to Khammam. The bus, which was supposed to leave at 5:30 AM, was delayed and arrived at 6:00 AM. It reached Khammam at 10:35 AM instead of 8:45 AM. Because of this delay, the complainant missed her case in the District Court, Khammam, and it was passed over. She claimed that the 1 hour 50-minute delay caused her mental stress and anxiety. The complainant then filed a case against TSRTC for poor service, but the District Commission dismissed the complaint. Dissatisfied with the decision, the complainant appealed to the State Commission. Contentions of TSRTC TSRTC argued that the complaint was not valid, either on facts or law, and the complainant must prove all her claims, except those that were admitted. Due to traffic congestion at Malakpet Metro, the bus was delayed and reached Khammam at 9:30 AM, not 10:35 AM as claimed. TSRTC denied the complainant's accusation of rude behavior by the driver and explained that the delay was due to traffic, which was beyond their control. They argued that the complainant suffered no harm and requested the complaint be dismissed with costs. Observations by the State Commission The State Commission observed that as per TSRTC, the bus arrived at Dilsuknagar at 6:00 AM, causing a 30-minute delay, and reached Khammam at 9:30 AM instead of 8:45 AM. Ex.B1, a letter from the Depot Manager, confirmed that the bus reached Khammam at 9:30 AM. TSRTC's terms and conditions (Ex.B2) clarified that delays due to factors like traffic jams were beyond their control. The Commission highlighted TSRTC's argument that the delay at Dilsuknagar was due to congestion at Malakpet Metro, which affected the overall schedule. Hence, the commission observed that the complainant did not suffer any injury or damage. As there was no injury, the law of torts does not support compensation. Based on these facts, the Commission dismissed the appeal Case Title: Ms. MD Faheema Vs. The Managing Director, Telangana State Road Transport Corporation Case Number: F.A. No. 77/2020Click Here To Read/Download The Order

Compensation Cannot Be Allowed If There's No Injury: Telangana State Commission Dismisses Appeal Against TSRTC

Ayushi Rani

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