THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR M.A.C.M.A.No.1509, 1522 and 1534 OF 2024

COMMON JUDGMENT:

Heard Sri C. Mohan Prakash, learned counsel for the appellants and Sri S. Satyananda Rao, learned counsel for the respondents.

2. M.A.C.M.A 1509 of 2024 is filed by the claimants aggrieved by the order dated 23.08.2024 in MVOP No.2465 of 2018 passed by the Motor Accidents Claims Tribunal-cum-X Additional Chief Judge, City Civil Courts at Hyderabad (for short ‘the learned Tribunal’) in dismissing the MVOP.

3. M.A.C.M.A No.1522 of 2024 is filed by the claimants aggrieved by the order dated 23.08.2024 in MVOP No.2464 of 2018 passed by the Motor Accidents Claims Tribunal-cum-X Additional Chief Judge, City Civil Courts at Hyderabad in dismissing the MVOP.

4. M.A.C.M.A No.1534 of 2024 filed by the claimants aggrieved by the order dated 23.08.2025 in MVOP No.2463 of 2018 passed by the Motor Accidents Claims Tribunal-cum-X Additional Chief Judge, City Civil Courts at Hyderabad in dismissing the MVOP.

5. All the above claims arising out of an accident on 16.09.2018, while they were travelling on bike by colliding with a bus. Therefore, all the three Appeals are clubbed together and being disposed of by this common judgment.

6. The facts leading to file the O.P. before the learned Tribunal are that on 16.09.2018, when deceased Kethavath Anil (D2) along with his parents i.e., mother/Kethavath Sathyali Bai (D3) and father/Kethavath Sangya Naik (D1) were returning to their house, situated at Masanpally Thanda from Bachapally Market on Hero HF Delux Bike No.TS 15 ET 0323 and when they reached near Kanapur (B) Junction, T Road, around 3:30 P.M. one RTC Bus bearing No.TS 08 UB 2452, coming from opposite direction from Masanpally to Hyderabad, the driver of the said bus drove the same in a rash and negligent manner and dashed the motor cycle. As a result, deceased D1 and D2 fell down on the road and died on the spot while D3 died on the way while shifting to the hospital.

7. The police of Kalher Police Station, Sangareddy District registered a case in Crime No.37 of 2018 under section 304-A IPC against the bus driver i.e., the respondent No.3.

8. The appellants/petitioners approached the learned Tribunal under Section 166 of Motor Vehicles Act, 1988.

9. It was contended before the learned Tribunal that the deceased Kethavath Anil (D2) was aged 16 years and he used to sell vegetables and earn Rs.10,000/- per month. D1 was aged about 45 years and he used to do Mastri work (Centring Mestri) and used to earn Rs.20,000/- per month and D3 was a vegetable vendor and used to earn Rs.15,000 per month and all of them contributed the same to the entire family.

10. Respondent No.2 filed counter before the learned trial Court wherein Respondent No.2 contended that there is no rash and negligence on the part of respondent No.3 and stated that the accident occurred due to negligence of the driver of the motorcycle. The respondent No.2 also denied the appellants’

relationship with the deceased D1, D2, and D3.

11. In MVOP No. 2465, the learned tribunal framed the following issues for consideration:

1)Whether the deceased Kethavath Anil died in the accident that occurred on 16.09.2018 at 3:30 PM near Basant Palli, Kalher Mandal,Sangareddy district due to the rash and negligent driving of crime vehicle i.e., RTC bus bearingNo.TS08UB2452?

2)Whether the petitioners are entitled to claim compensation. If so, from whom and to what extent?

3) To what relief?

12. In MVOP No.2464 of 2018, the learned tribunal framed the following issues for consideration:

1) Whether the deceased Kethavath Sangya died in the accident that occurred on 16.09.2018 at 3:30 PM near Masanpally, Kather Mandal, Sanga Reddy District due to the rash and negligently driving of driver of crime vehicle i.e., TS 08 UB 2452?

2) Whether the petitioners are entitled to claim compensation. If so, from whom and to what extent?

3) To what relief?

13. In MVOP No.2463 of 2018, the learned tribunal framed the following issues