The court confirmed the principle that negligence requires substantial proof, emphasizing just compensation exceeding claimed amounts is permissible under Motor Vehicles Act.

JUDGMENT

1. Respondent Nos.1 and 2, the Vice Chairman cum Managing Director, A.P.S.R.T.C. and the Regional Manager, A.P.S.R.T.C. in MVOP No.281 of 2013, before the Motor Accidents Claims Tribunal-cum-VII Additional District Judge, Ongole (for short “the learned MACT”) feeling aggrieved by the award and decree dated 18.06.2015 filed the present appeal. Respondent Nos.1 to 4 herein are the claimants before the learned MACT.

Case of the claimants:

2(i). One Mr. Muthuluri Chenchi Reddy (hereinafter referred to as “the deceased”), on 26.08.2012 at about 9:00 P.M., while travelling from Lakshminarayanapuram Village, Darsi Mandal on a motor cycle, near Rajampalli Village on Podili-Darsi Road, A.P.S.R.T.C. bus bearing No.AP 29 Z 289 (hereinafter referred to as “the offending vehicle”), proceeding from Atmakur to Hyderabad, came from Podili side going towards Darsi, hit the motor cycle of the deceased from behind. As a result, the deceased and motor cycle fell down and it was dragged to some distance along with the deceased. The driver of the offending vehicle stopped the bus and ran away from there. The deceased was shifted to Government Hospital, Podili, and at the Government Hospital, Podili, it was declared that the deceased was brought dead.

2(ii). Claimant No.1 is the wife, claimant Nos.2 and 3 are the children and claimant No.4 is the father of the deceased. All are dependents and legal heirs of the deceased. Deceased was aged about „29‟ years; hale and healthy; attending cultivation works and agricultural operations in Ac.4.00 of land owned by him and Ac.3.00 of land of one Mr.Ambati Tirupathi Reddy and Ac.3.40 cents of land of one M. Venkateswara Reddy. The deceased used to raise paddy, green gram etc. and earning more than Rs.1,00,000/- per annum and contributing the same for the family. The death of deceased has exposed the claimants to loss in all respects including the financial support.

Case of the appellants/APSRTC:

3. The claimants shall prove the pleaded accident, negligence of the driver of the offending vehicle, in fact the accident has occurred due to the negligence of the deceased in riding the motor cycle. The claimants shall prove the age, occupation, income and dependency of the claimants and in any event quantum of compensation claimed is excessive.

4. On the strength of pleadings, the following issues were settled for trial by the learned MACT:

i) Whether Muthuluri Chenchi Reddy died in the accident caused by the motor vehicle i.e., A.S.R.T.C. bus No.AP 29 Z 289 on 26.08.2012 at 9:00 PM near Rajampalli bus stand Centre on Podili-Darsi road due to the rash and negligent driving of the said driver?

ii) Whether the petitioners are entitled to the compensation claimed and from whom?

iii) To what relief?

5. Evidence before the learned MACT: