Common Judgment: (B. Chandra Kumar,J.)

Since both the Appeals arise out of the same accident and common order, dated 05-01-2004 in O.P.Nos.595 and 300 of 2006 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Mahabubnagar, respectively, they are being disposed of by this common Judgment.

2. For the sake of convenience, the parties will be referred to as they are arrayed in the Tribunal.

Sixteen students including both the deceased were proceeding on eight motor cycles on a holiday trip. The deceased G. Prashanth Reddy and B. Ravi Kumar, both aged about 21 years, were proceeding on a motor cycle bearing No.AP 04/6504 on 01-05-1995 from Tumkur, Karnataka State, to Kemmanannagundi. The deceased Prashanth Reddy was driving the said motor cycle and the deceased Ravi Kumar was the pillion rider. When they reached Guddadapalaym gate and proceeding along with the left side of the national highway at about 3-15 PM, the tourist bus bearing No.KA 03/5252, owned by the first respondent and insured with the second respondent, being driven by it’s driver, came in a rash and negligent manner at high speed from opposite direction and dashed against the motor cycle of the deceased. As a result of which the motor cycle of the deceased was dragged to a distance of 75 feet on the road and both the deceased sustained serious injuries and the deceased Ravi Kumar died on the spot and the deceased Prashanth Reddy died on the way to the hospital at Gubbi. The bus driver did not stop the bus at the place of accident. PW-4, G. Vijayabhaskar Reddy, who was following the deceased on another motor cycle, lodged a report to the police at Tiptur. The Police, after completing the investigation, laid the charge sheet against the driver of the bus.

3. The parents of the deceased Prashanth Reddy filed O.P.No.300 of 1996 and the mother of the deceased Ravi Kumar filed O.P.No.595 of 1996. The Tribunal clubbed both the O.Ps and disposed of the same through the common order.

4. The specific case of the claimants in O.P.No.300 of 1996 is as follows:

The deceased Prashanth Reddy was studying B.E. computers final year in Sidha Ganga Institute of Technology and he was hale and healthy at the time of accident. The claimants had high hopes about the future of the deceased. The deceased was a brilliant student. He would have become Engineer and would have earned Rs.15 lakhs as an Engineer in any government or private institution. He had bright prospects of securing handsome job in abroad. He would have contributed his earnings to the claimants. The claimants claimed a total compensation of Rs.15 lakhs.

5. The mother of the deceased Ravi Kumar, who is the claimant in O.P.No.595 of 1996, made the following averments:

The deceased Ravi Kumar was studying B.E Computers final year and he was aged about 21 years and hale and healthy. He was the only son of the claimant. The deceased would have become Engineer and earned a salary of Rs.7,500/- per month. He would have looked after the claimant throughout her life. The claimant borrowed huge funds for educating the deceased. The deceased would have earned more than Rs.10 lakhs. The claimant claimed a total compensation of Rs.15 lakhs.

6. The first respondent remained ex parte. The second respondent filed separate counters in both the O.Ps. and denied the averments of the claimants that the accident occurred due to the rash and negligent driving of the bus driver. It is further averred that the deceased Prashanth Reddy himself had driven the motor cycle in a rash and negligent manner and he was responsible for the accident. The other averments of the claimants with regard to the age, health condition, education and future prospects of the deceased have been denied. It is not admitted that the vehicle was insured with the second respondent-insurance company and that the driver of the bus was having valid driving licence as on the date of accident. It is further averred that the claim of th