Depot Manager, A.P.S.R.T.C. vs K. Ramesh

HEARD the counsel for the appellant and the party in person for respondent.

THE controversy in this case relates to the distance between Khammam bus-stand and Manchukonda stage. According to the complainant, the distance is 12.75 kms. According to the A.P.S.R.T.C., the distance is 15.8 kms., from the bus-stand, Khammam to Manchukonda stage. THEre is no dispute as regards the fare structure as both sides agreed that it is at the rate of Rs. 0.50 ps. per five kilometers, and stages will be fixed for each five kilometers. If the distance is taken as 15.8 kms., as contended by the A.P.S.R.T.C, the fare fixed by them is correct as it exceeded the third stage, but if the distance is 15 kms. or less than 15 kms., the fare fixed by the APSRTC will not be correct and it could only be less than Rs. 2.75 ps., fixed by them. In view of the dispute as regards the distance between Manchukonda and Khammam bus-stand, the District Forum appointed an advocate commissioner and he measured the distance between Khammam bus-stand and Manchukonda with the help of mile-meter of his Hero Honda Motor Cycle and submitted his report that the distance between the bus-stand and Manchukonda is only 15 kms. THE opposite party has not adduced any material contrary to the Commissioner's report in the District Forum. THErefore, the District Forum relied on the report of the Commissioner and held that the fare fixed by A.P.S.R.T.C is excessive. Questioning the same, this appeal is preferred by the APSRTC. It is submitted by Mr. C. V. Ramulu, the learned Counsel for the appellant that the distance measured with the help of mile-meter of Hero Honda Motor Cycle cannot be said to be correct, and further an opportunity must be given to APSRTC to get the distance properly measured once again by remanding the matter to the District Forum. Inspite of the report of the Commissioner submitted before the District Forum, the APSRTC has not chosen to adduce any evidence to the contrary. We, are therefore, not inclined to remand the matter once again to the District Forum to give an opportunity to the APSRTC to adduce evidence, which they failed to do, inspite of ample opportunity being given before the District Forum. We see no reason to doubt the Commissioner's report and the distance measured with the mile-meter of Hero Honda Motor Cycle. In this appeal we are not concerned, whether the distance should be measured from the depot or from the bus-stand.

In the result, the appeal is dismissed. The appellant is directed to pay costs of Rs. 100.00 (Rupees One hundred only) to the respondent in this Appeal. Appeal dismissed.