( 1 ) IN an accident that occurred on 16/05/1981 at Gudipet between Mile Stones 241/6 and 241/8, the Appellant-Corporations Bus APZ 7304 proceeding from Mancherial dashed against two persons by name Venkatarao Scooter Driver and Tirupathirao. Pilion rider who died thereat. The claimants are the widow and children of the deceased Tirupathirao and they laid the claim in a sum of Rs. 1,56,900. 00. The Tribunal below awarded a sum of Rs. 1,00,000. 00 as against which the appeal has been filed. The trump card for the appellants is the judgment of the Criminal Court in C. C. No. 391/81 dated 13/07/1982 on the file of the Judicial First Class Magistrate, Luxesettipet in which the driver of the bus was acquitted of the charge under Section 304a, l. P. C. It was marked as Ex. B-2 in this case. Sri Harinath, learned standing counsel for the Corporation placing reliance thereon has contended that it was prosecution case that the deceased were attempting to overtake the bus which was going ahead of the scooter they dashed against stationed jeep bearing APH 1326 and fell down and came under the wheel of the bus, as a result, the accident had occurred and it is not on account of