The liability of an APSRTC bus driver for a motor vehicle accident and the contributory negligence of a deceased pillion rider.

JUDGMENT:

This appeal is preferred by the 2nd respondent/APSRTC, challenging the award dated 12.01.2015 passed in M.V.O.P.No.608/2013 on the file of Motor Accidents Claims Tribunal-cum- VII Addl.District Judge, Vijayawada, wherein the Tribunal while partly allowing the petition, awarded compensation of Rs.6,76,200/- with interest @ 7.5% P.A. from the date of petition, till the date of realisation to the petitioners/claimants for the death of Kesara Venkateswara Reddy.

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.8,00,000/- on account of the death of Kesara Venkateswara Reddy, who is father of petitioners 1 and 2 and son of 3rd petitioner, in a motor vehicle accident occurred on 10.04.2012, while the deceased was travelling as a pillion rider on TVS Moped bearing No.AP 16 4979, by the offending bus bearing No.AP29A 9722 belonging to the appellant/APSRTC, which met with an accident at Nirmala convent road junction on NH-5, Vijayawada.

4. The facts show that on 10.04.2012 while the deceased was travelling as a pillion rider on TVS Moped bearing No.AP 16 4979, by the offending bus bearing No.AP29A 9722 belonging to the appellant/APSRTC, which met with an accident at Nirmala Convent Road Junction on NH-5, Vijayawada, and at that time the offending RTC Bus bearing No.AP29A 9722 being driven by 1st respondent in a rash and negligent manner with high speed, and without blowing horn, while proceeding from Eluru side towards Benz Circle, dashed against the moped, as a result of which, deceased Venkateswara Reddy sustained multiple injuries all over his body, and immediately he was shifted to Government Hospital, Vijayawada, where doctor declared Venkateswara Reddy was dead. On information, Patamata Police registered a case in Cr.No.237/2012 for the offence punishable U/s.304-A of Indian Penal Code against the driver of the bus No.AP29Z 9722. The deceased was hale and healthy at the time of accident, he is aged 36 years and working as mutha coolie, and earning Rs.9,000/- per month. Due to death of deceased, the petitioners lost their bread winner and put to hardship and mental agony.

5. Before the Tribunal, the appellant, who is the 2nd respondent in the petition, filed counter 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 crime bus, nature of injuries, medical expenditure and liability to pay compensation and contended that the said accident was occurred due to rider of TVS Moped, as he unable to control the moped, crossed the road from left side to right side, and the said three persons on moped fell down on road and the said three persons were in drunken condition. There is no negligence on the part of 1st respondent, as such, the petitioners are not entitled for any relief. The 1st respondent/driver remained exparte before the Tribunal.

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

1. Whether the deceased Kesara Venkateswara Reddy died in a motor vehicle accident that on 10.04.2012 at 23.10 hours near Nirmala Convent Junction on NH-5, Vijayawada, due to rash and negligent driving of the driver of Bus bearing No.AP 29Z 0722?

2. What is the correct age and income of the deceased by the time of accident?

3. Whether the petitioners are entitled to compensation as prayed for? If so for what amount and from whom?

4. To what relief?

7. To substantiate their claim, the petitioners examined P.Ws-1 and 2 and got marked Exs.A-1 to A-4. No oral or documentary evidence was adduced on behalf of the 2nd respondent/APSRTC.

8. The Tribunal, taking into consideration the evidence of P.Ws-1 and 2, coupled with Exs.A-1 to A-4, held that the accident took pla