JUDGMENT :

(V. Srinivas, J.)

1. These appeals are directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-VI Additional District Judge, (FTC), Gooty (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.208 of 2012 dated 22.02.2013.

2. Since these appeals arise out of same accident and as the material facts are common, the same are being disposed of by this common judgment.

3. M.A.C.M.A.No.1497 of 2013 is preferred by the APSRTC. The respondent Nos.1 and 2 herein are parents, respondent Nos.3 and 4 herein are sisters and respondent No.5 herein is the younger brother of Moniyar Ibrahim Khaleelulla (hereinafter called as ‘the deceased’).

4. M.A.C.M.A.No.2936 of 2017 is preferred by the claimants for enhancement of compensation. During pendency of appeal, as per the orders in I.A.No.1 of 2017, the claimants are permitted to amend the claim amount from Rs.50,00,000/- to Rs.1,00,00,000/-. Thus in this appeal, claim is for Rs.1,00,00,000/- The factual matrix in this appeal, according to the claimants is that on 22.01.2012 at about 10.00 p.m, while the deceased was proceeding on his motor cycle from Gooty to Guntakal slowly and carefully and when he reached near Nallaguta in between Pathakothacheruvu-Gollaladoddi Village, APSRTC Bus bearing R.C.No.AP 28 Z 5835, which was coming in opposite direction driven by its driver in a rash and negligent manner at high speed lost control over the same and went to its wrong side and hit the deceased. As a result of which, the deceased fell down and sustained multiple injuries all over his body. Immediately, he was shifted to Government Hospital, Guntakal, where he succumbed to the injuries while undergoing treatment. By the time of accident the deceased was aged 28 years and earning Rs.65,000/- per month as Senior System Engineer in Sourcebits Technologies Private Limited, Bangalore. Being dependents, the claimants filed petition under the Motor Vehicles Act claiming compensation of Rs.50,00,000/- against APSRTC.

5. Counter was filed by the APSRTC denying all the material allegations, stating that the accident was occurred due to the negligence on the part of the deceased but not driver of the APSRTC Bus and hence, they are not liable to pay compensation.

6. The Tribunal settled the following issues for enquiry basing on the material:

1. Whether the accident occurred on 22.01.2012 due to rash and negligent driving of APSRTC Bus bearing No.AP 28 Z 5935 by its driver and caused the death of the deceased ?

2. Whether the petitioners are entitled to compensation? If so, to what amount?

3. To what relief?

7. In the course of enquiry, on behalf of the claimants, PWs.1 and 2 were examined and Exs.A.1 to A.10 were marked. On behalf of the APSRTC, R.Ws.1 to 3 were examined and Exs.B.1 to B.7 were marked. On C-Series, Exs.C.1 to C.3(Service certificate, appointment letter and pay slip) were marked.

8. On the material placed on the record, the Tribunal, having come to the conclusion that the accident occurred due to the rash and negligent driving of the APSRTC Bus, held that claimants are entitled for compensation of Rs.47,28,000/- with costs and with interest at 7.5% per annum from the date of petition till the date of deposit and the respondent shall pay the compensation within one month from the date of order.

9. It is against the said order; these appeals are preferred by the APSRTC and claimants.

10. Heard Sri K.Viswanatham, learned Standing Counsel for APSRTC and Sri K.Rathangapani Reddy, learned counsel for the claimants.

11. Sri K.Viswanatham, learned Standing Counsel for the APSRTC submits that there is a contributory negligence on the part of the deceased in causing the accident but the Tribunal fixed the liability on the driver of the APSRTC Bus only, which is incorrect. He further submits that though it is stated by the H.R.Manager of company that deceased is in prob