Court established exclusive negligence in road accident due to improper parking, affirming the right to enhanced compensation based on established legal principles.

JUDGMENT

1. One N. Nagaiah (hereinafter referred to as “the deceased”) suffered death due to the motor vehicle accident that occurred on 30.07.2015. His mother and sister claiming as legal representatives and dependents filed M.V.O.P.No.85 of 2016 on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Kadapa (for short “the learned MACT”) claiming a compensation of Rs.20,96,140/- and the learned MACT awarded a compensation of Rs.18,91,248/-. Feeling aggrieved by the liability and the quantum of compensation awarded, A.P.S.R.T.C./Respondent No.1 before the learned MACT i.e. owner of the bus bearing No.AP 28 Z 3835 (hereinafter referred to as “the offending vehicle”) and employer of the driver of the offending vehicle, filed the present appeal.

2. For the sake of convenience, the parties will be hereinafter referred to as the claimants and the Respondents with reference to their status before the learned MACT.

Case of the claimants:

3. The deceased was aged about 20 years; hale and healthy; working as gang man; earning around Rs.18,000/- per month and contributing the same for the claimants.

4. On the fateful day i.e. on 30.07.2015 while the deceased was proceeding on the motor cycle near K. Timmapuram Village on Muddanur-Yerraguntla main road at about 07:30 P.M., the offending vehicle was parked on the middle of the road without taking any precautions or indicators, since the road being busy and sometimes vehicles do come in opposite direction. Due to flash in head lights, the deceased could not identify the wrongly parked offending vehicle and dashed the offending vehicle, whereby he sustained injuries. Another person by name N. Raja, was coming behind the deceased on a motor cycle, and he has also hit the stones, fell down and sustained injuries. One Dilip, who was coming in his car along with one S. Prabhakar and Ravi witnessed the accident. Soon after the accident, the deceased was shifted to Dr.Balanagi Reddy Hospital, Muddanur and from there shifted to a private Hospital at Proddatur and from there to RIMS Hospital, Kadapa. But the deceased could not survive and succumbed to injuries.

5. The accident occurred due to the negligent parking of the offending vehicle by its driver. A case in Crime No.109 of 2015 was registered and later charge sheet was also filed against him. Due to the demise of the deceased, the claimants lost all hopes of life including financial support from the deceased.

Hence, they are entitled for just and reasonable compensation.

6. Respondent No.2, before the learned MACT, the driver of the offending vehicle remained ex parte.

Case of Respondent No.1 / A.P.S.R.T.C:

7. The claimants shall prove the pleaded accident, negligence of the driver of the offending vehicle in parking the vehicle, age, occupation, income of the deceased, dependency of the claimants and loss of dependency.

8. The deceased could have avoided the accident and his negligence is the sole cause for the accident. Therefore, the liability if any is to be apportioned and that the quantum of compensation claimed is excessive and in any event Respondent No.1 is not liable to pay any compensation.

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

i) Whether the accident took place on 30.07.2015 at about 07:30 a.m. at Thimmapuram bus stop on Yerraguntla to Muddanur main road, due to rash and negligent driving of driver of A.P.S.R.T.C bus bearing No.AP 28 Z 3835 resulting death of the deceased by name Nallaballe Nagaiah?

ii) Whether the claimants are entitled to claim compensation, if so to what extent, and from which of the respondents?

iii) To what relief?

10. Evidence before the learn