JUDGMENT:

This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for brevity “the Act”) by the appellant-United India Insurance Company, challenging the award passed by the Motor Accidents Claims Tribunal-cum-V Additional District Judge, West Godavari, Eluru (for short “the Tribunal”) in M.V.O.P.No.416 of 2003, dt.08.11.2006.

2. For the sake of convenience, the parties are referred to as they are arrayed before the Tribunal.

3. The brief facts in brief of the case are as follows:

a) On 24.04.1998 at about 2.45 p.m., the APSRTC bus bearing No.AP 10 Z 1395, which is a shuttle service between Rajahmundry and Eluru, driven by its driver namely J.Srinivasa Rao, when reached the outskirts of Dommeru Village, a lorry bearing No.ABP 9119 driven by its driver i.e., the 1st respondent, at a high speed in a rash and negligent manner, came in opposite direction and dashed the RTC bus, as a result, the driver and conductor of the RTC bus and some of the passengers who were in the bus sustained injuries. The incident was reported to the Police alleging that the accident took place as a result of rash and negligent driving of the offending lorry and based on the FIR lodged by the V.A