The judgment affirms liability for compensation due to negligence, emphasizing the importance of eyewitness evidence, and validates the Tribunal's approach to determining compensation based on the deceased's income and family dependency.

JUDGMENT :

V.SUJATHA, J.

The APSRTC filed the present appeal against the order and decree dated 22.11.2017 passed in M.V.O.P.No.273 of 2014 by the learned Chairman, Motor Accidents Claims Tribunal-cum-VIII Additional District Judge, Ananthapuramu, whereby and whereunder the Tribunal granted compensation of Rs.10,00,000/- (Rupees Ten Lakhs only) to the petitioners and respondent No.2 therein/respondent Nos.1 to 4 herein, as per their claim, on account of the death of the deceased M. Ramana @ D.Ramana in a motor accident that occurred on 09.11.2013.

2. The appellant/APSRTC is the 1^st respondent, respondent Nos.1 to 3 herein are the petitioners, respondent No.4 herein (mother of the deceased) is the 2^nd respondent and respondent No.5 herein/driver of the offending vehicle is 3^rd respondent before the Tribunal.

3. For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.

4. The case of the claimants, in brief, is as follows:

The 1^st petitioner is the wife, 2^nd petitioner is the daughter and 3^rd petitioner is the son of the deceased M.Ramana. On 09.11.2013 at about 6.30 a.m., while the deceased, along with his assistant as pillion rider, was going on a motorcycle bearing registration No.AP26-P 2271 from Kadiri to Nallacheruvu and when they reached near Allugundu Bus stop of Nallacheruvu Mandal on 205-Kadiri-Madanapalli road, the offending vehicle i.e., APSRTC bus bearing No.AP02-Z-0094, driven by its driver/3^rd respondent, came from their back side in a rash and negligent manner at high speed, and hit the motorcycle of the deceased, which was going on the extreme left side margin of the road. As a result, the deceased fell down on the road and received severe head injuries and factures on his body. Immediately, the deceased was shifted to Government Hospital, Kadiri. Later, he was shifted to Government General Hospital, Anantapuramu, and from there, to Government General Hospital, Kurnool, where, while undergoing treatment, the deceased died. A case was registered in Cr.No.81/2015 on the file of Nallacheruvu Police Station for the offences under Sections 337 and 304-A of IPC against the driver of the crime vehicle.

5. The petitioners contended before the Tribunal that the deceased was aged about 38 years and was hale and healthy at the time of accident. He was doing Mason and moulding work and earning Rs.12,000/- per month. It was contended that the deceased was the sole bread winner of the family, which consisted of wife and two minor school-going children. Due to premature and untimely demise of the deceased, his family members lost their earning member as well as his love and affection. Therefore, they sought compensation of Rs.10,00,000/- from the driver and owner of the offending vehicle.

6. Before the Tribunal, the 3^rd respondent/driver of the offending vehicle remained ex parte.

7. The 1^st respondent/APSRTC filed counter stating that there is no negligence on the part of the driver of the offending vehicle, who drove the bus very slowly, and that there were no dent marks on the RTC bus, which shows that it did not dash the motorcycle of the deceased. It is further contended that the deceased, without having a valid driving licence, drove his motorcycle at a high speed negligently in a zigzag manner and lost control over the same and dashed the rear side of the RTC bus on its left side and thus, the deceased himself was responsible for the accident. It is further contended that the deceased was not having valid driving license and his two- wheeler is not covered by any insurance policy and the concerned police have registered a false case against the driver of the bu