JUDGMENT :

B.V.L.N. CHAKRAVARTHI, J.

1. This appeal is preferred by the 2nd respondent/Andhra Pradesh State Road Transport Corporation challenging the award dated 27.09.2019 passed in M.V.O.P. No. 790/2017 on the file of Motor Accidents Claims Tribunal-cum-II Addl. District Judge, West Godavari District at Eluru, wherein the Tribunal while partly allowing the petition, awarded compensation of Rs. 7,44,000/- with interest @ 9% p.a. from the date of petition, till the date of realisation for the death of Kolusu Harish @ Harish Kumar, son of the claimants/petitioners.

2. For the sake of convenience, the parties are arrayed as parties in the lower Court.

3. As seen from the record, originally the petitioners filed an application U/s. 166 r/w. 455 of Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs. 10,00,000/- on account of death of their son Kolusu Harish @ Harish Kumar in a motor vehicle accident occurred on 19.05.2017 at about 06.00 a.m. while the deceased along with his friend Pallapothula Subrahmanyam was returning on Auto bearing No. AP-16TC-2960, by the offending APSRTC Bus bearing No. AP-28Z-1391 driven by the 1st respondent/ driver belonging to the 2nd respondent/APSRTC, which met with an accident near the entrance of Vellaturu Village.

4. The facts show that 18.05.2017 afternoon, while the deceased Kolusu Harish @ Harish Kumar, along with his friend Pallapothula Subrahmanyam had been to Piduguralla in auto bearing No. AP-16TC-2960 with mangoes load. After unloading mangoes at Piduguralla, when they are returning and their auto was on extreme left side of road proceeding in moderate speed on 19.05.2017 at 06.00 a.m. near Vellaturu Village, APSRTC Bus bearing No. AP-28Z-1391 came in opposite direction at high speed, dashed their auto on right side, as a result, the deceased, who was sleeping in the auto truck sustained severe injuries and lost consciousness and driver P. Subrahmanyam also sustained injuries. On information, the deceased and injured P. Subrahmanyam were shifted to Government Hospital, Vijayawada, and duty doctor declared that Kolusu Harish @ Harish Kumar was dead. The G. Konduru Police registered a case in Cr. No. 83/2017 for the offence punishable U/secs. 304-A and 337 of Indian Penal Code against the 1st respondent/driver of APSRTC Bus. The deceased was aged 20 years. He was working as a coolie and earning Rs. 9,000/- per month and also looking after his parents. Due to the sudden death of deceased, the petitioners lost their bread winner at their old age.

5. Before the Tribunal, the appellant, who is the 2nd respondent in the petition, filed written statement resisting while traversing the material averments with regard to proof of age, avocation, monthly earnings of the deceased, manner of accident, rash and negligence on the part of the driver of the offending vehicle, and liability to pay compensation to the petitioners and contended that police and owner of the auto bearing No. AP-16TC-2960 violated section 134(C) and 158(6) of M.V. Act, which are mandatory. The accident took place solely due to the rash and negligent driving of auto by the friend of deceased, who was in drowsy condition at the time of accident. The 1st respondent was not negligent in driving and the said bus on moderate speed at the time of accident. The deceased is not an earning member and the claim of the petitioners is excessive. The 1st respondent/driver remained ex-parte before the Tribunal.

6. On the strength of the pleadings of both parties, the Tribunal framed the following issues:

1. Whether Kolusu Harish @ Harish Kumar, deceased in the case died in motor accident due to rash and negligent driving of the driver of APSRTC Bus bearing No. AP-28Z-1391?

2. Whether the petitioners are entitled for compensation as prayed? If so, against whom?

3. To what relief?

7. To substantiate their claim, the 1st petitioner was examined as PW-1, PW-2 is injured and eye witness to the accident and PW-3 is third party witness