The main legal point established in the judgment is the determination of liability and compensation in a motor vehicle accident under the Motor Vehicles Act, 1988.

JUDGMENT :

This appeal is preferred by respondents No.2 and 3/APSRTC, challenging the award dated 27.09.2017 passed in M.V.O.P.No.16/2016 on the file of Motor Accidents Claims Tribunal-cum-I Addl.District Judge, Visakhapatnam, wherein the Tribunal while allowing the petition, awarded a compensation of Rs.15,00,000/-with interest @ 7.5% p.a. from the date of petition, till the date of realisation for the death of Sirugudi Suresh in a motor vehicle accident.

2. For the sake of convenience the parties are arrayed as parties before the tribunal.

3. As seen from the record, originally the petitioners filed an application U/s.166 of the Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.15,00,000/-on account of the death of Sirugudi Suresh, in a motor vehicle accident that occurred on 01.05.2015.

4. The facts would show that on 01.05.2015 when Sirugudi Suresh (deceased) was returning to his house on motor cycle bearing No.AP 31 CQ 8065 to purchase gold ornaments, the driver of APSRTC Bus bearing No.AP 11Z 6309 drove the same in a rash and negligent manner and dashed behind him at opposite Central Bank, Sri Sai Vignan School, Seethammapeta Main Road, Visakhapatnam, causing head injury and other grievous injuries all over body, and as a result, Sirugudi Suresh died instantaneously.

The deceased used to contribute his earnings to the family and he is looking after the welfare of his parents and the petitioners have lost their son’s love and affection for their entire life. The deceased was aged 27 years at the time of accident. The petitioners depended on the income of the deceased and due to the death of the said deceased, they lost the financial help. The IV Town Traffic Police Station, Visakhapatnam registered a case in Cr.No.48/2015 U/s.304-A of Indian Penal Code against the driver of APSRTC Bus bearing No.AP 11Z 6309. The 1st respondent is the driver of APSRTC Bus, 2nd respondent is the Depot Manager and 3rd respondent is the Managing Director of APSRTC, and all the respondents are jointly and severally liable for the compensation.

5. Before the Tribunal, the 1st respondent filed counter, denying the material averments of the petition, contending that there was gross negligence on the part of deceased by overtaking the bus from the left side and dashed a stationed car and lost balance and fell down on back wheel of the bus, and therefore, the petitioners are not entitled for compensation.

6. The respondents No.2 and 3 filed common counter resisting the petition, 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, liability to pay compensation, and contended that the driver of APSRTC Bus did not drive the bus in a rash and negligent manner, and that the petition is liable to be dismissed with exemplary costs.

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

1. Whether the deceased died in the motor accident occurred on 01.05.2015 due to rash and negligent act of the driver of the APSRTC Bus bearing No.AP 11Z 6309?

2. Whether the petitioners are entitled for compensation? if so, to what amount and from which of the respondents?

3. To what relief?

8. To substantiate their claim, the petitioners examined P.Ws-1 to 3 and got marked Exs.A-1 to A-9 and Exs.X-1 to X-5. No oral or documentary evidence was adduced on behalf of the respondents No.1 to 3.

9. The Tribunal, taking into consideration the evidence of P.Ws-1 to 3, coupled with Exs.A-1 to A-9 and Exs.X-1 to X-5, held that the accident took place due to the rash and negligent driving of the driver of RTC Bus i.e., 1st respondent, and further, taking into consideration the evidence of P.Ws-1 to 3, corroborated by Exs.A-1 to A-9 and Exs.X-1 to X-5, awarded a compensation of Rs.15,00,000/-with interest @ 7.5% p.a. from the date of petition, till the date of realisation agains