C.M.A. No. 3171 of 2000 is filed by the A.P.S.R.T.C and the cross objections are filed by the widow of the deceased who is one of the claimants against the award dated 03.07.2000 passed by the Motor Accidents Claims Tribunal-cum-I Additional District Judge, West Godavari District, Eluru in O.P.No.530 of 1998.

2. I have heard Sri K.S. Murthy, learned Counsel for the A.P.S.R.T.C and Sri Y.V.Ravi Prasad, learned Counsel for the claimant No. 1.

3. The unfortunate accident occurred on 25.09.1997 at 12.00 mid night when an A.P.S.R.T.C bus was on its way to Hyderabad carrying 46 passengers. According to the claimants, the first respondent-driver of the APSRTC bus, was driving the bus at the relevant time in a rash and negligent manner and while negotiating the river bridge at Rangapur on National Highway No. 7, dashed the left side railing of the bridge and the bus fell in to the waters of river Krishna, as a result of which, 43 passengers died and only three persons survived. The first respondent, who was driver of the bus is one among the three survived. The deceased Areti Venkata Subba Rao aged 52 years working as Deputy Executive Engineer, Irrigation Department, Cheglamarri