JUDGMENT :

1. This appeal is preferred by the Appellants/claimants, challenging the award dated 16.10.2015 passed in M.V.O.P.No.135/2012 on the file of Motor Accidents Claims Tribunal-cum-II Addl.District Judge, Parvathipuram, wherein the Tribunal while partly allowing the petition, awarded compensation of Rs.1,29,800/-with interest @ 7.5% p.a. from the date of petition, till the date of deposit to the petitioners/claimants, for the injuries sustained by Tallapudi Murali, 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 Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.15,00,000/-on account of the injuries sustained by Tallapudi Murali, who is the husband of the 2nd petitioner, father of the petitioners No.3 and 4 and son of the 5th petitioner, in a motor vehicle accident that occurred on 04.09.2011.

4. The facts show that the 1st petitioner Tallapudi Murali is aged 39 years, working as mason and earning Rs.300/-per day. On 04.09.2011 when the 1st petitioner was going on cycle by sitting on the carrier to attend his mason work, when they reached near Y.K.M.Colony, Parvathipuram, at about 09.30 a.m., APSRTC bus bearing No.AP 28 Z 0518 was driven by the 1st respondent in opposite direction in high speed, rash and negligent manner without blowing horn and dashed the cycle, due to which the 1st petitioner fell on road and back wheel of bus ran over the legs of the 1st petitioner. Immediately, he was shifted to Area Hospital, Parvathipuram, and from there to K.G.Hospital, Visakhapatnam and from there, he was shifted to Abhaya Critical Care Hospital, Visakhapatnam, where his left leg was amputated below knee and doctors found that he sustained fracture in right tibia and fibula and other minor injuries and he was treated in that hospital as in-patient for 60 days. In this connection, SHO, Parvathipuram Rural P.S. registered FIR in Cr.No.84/2011 U/s.338 of Indian Penal Code against the 1st respondent. The 1st petitioner spent nearly Rs.2,00,000/-towards transport, medicines, and extra nourishment. The 1st respondent is driver and respondents No.2 and 3 are APSRTC officials and all the respondents are jointly and severally liable to pay compensation to the 1st petitioner.

After examination of the 1st petitioner as P.W-1, he died and thereafter his wife, two children and mother were impleaded as petitioners No.2 to 5 as per orders in I.A.No.105/2015 dated 06.03.2015.

5. Before the Tribunal, the 3rd respondent/APSRTC filed counter resisting, while traversing the material averments with regard to proof of age, avocation, monthly earnings of the injured, manner of accident, rash and negligence on the part of the driver of the offending vehicle, liability to pay compensation, and contended that the 1st petitioner and another person, who was peddling the cycle came in opposite direction of bus in high speed without observing the bus and while crossing the speed breaker, the said person lost control over the cycle, as a result, the 1st petitioner, who was sitting on carrier of cycle fell down and cyclist left the cycle and ran away and the 1st petitioner came towards back tyre of the bus in confusion, as a result, his left foot was crushed under the bus tyre and there is mistake on the part of 1st petitioner only.

6. The 2nd respondent filed memo, adopting the counter filed by the 3rd respondent. The 1st respondent remained exparte.

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

1. Whether the accident took place due to rash and negligent driving of R-1 driver of the offending vehicle APSRTC Bus or that of the rider of the cycle on which the petitioner was proceeding as a pillion rider or due to his own fault of the petitioner or that of all resulting in injuries to the petitioner?

2. Whether the petitioner is entit