THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

JUDGMENT:

1. This Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the M.V.Act’) by Andhra Pradesh State Road Transport Corporation (for short ‘APSRTC’) arises out of an award passed by the Motor Vehicle Accidents Claims Tribunal –Cum- Judge, Family Court –Cum- III Additional District Judge, Karimnagar (for short, ‘the Tribunal’) in MVOP.No.228 of 2018, dated 22.12.2021.

2. Respondent Nos.1 to 5-petitioner Nos.1 to 5 filed petition under Section 166 (1)(c) of Motor Vehicles Act, 1988 claiming compensation of Rs.18,00,000/- for the death of Sajid Hussain @ Sayeed Hussain from the respondent Nos.1 and 2 jointly and severally in a road traffic accident which occurred on 14.09.2016.

3. On 14.09.2016, Sajid Hussain @ Sayeed Hussain along with his wife and children and her sister-in-law Rukshana started from Karimnagar and went to Hyderabad to visit the house of his elder sister-in-law by name Rehana Begum. After getting down at MGBS, Sajid Hussain went to attend nature call and while he was returning back to the platform at about 2330 hours, one APSRTC Super Luxury Bus bearing No.AP-26-Z-0132 of Nellore-I Deport being driven by its driver in a rash and negligent manner with high speed, hit Sajid Hussain from the front side, due to which he fell down, received injuries and died on the spot. The deceased was aged about 40 years as on the date of accident and was working as a Lorry driver cum Lorry mechanic at Karimnagar, used to earn Rs.15,000/- and contributed his entire earnings to the family. On the complaint, P.S. Afzalgunj has registered a case in Crime No.474 of 2016 for the offence under Section 304-A of IPC against the driver of the crime vehicle – respondent No.6 herein and prayed to award compensation jointly and severally.

4. Driver of the crime vehicle – respondent No.6 herein filed counter and contended that accident occurred due to running of the deceased across the bus station and was in a drunken condition and according to the report of A.Krishna Murthy, Controller, when the bus came into C.B.S. there was heavy rain. The bus came to platform No.70 in M.G.B.S. and the deceased came there, while the bus was moving slowly, he fell down in front of the bus as his chappal have slipped and denied the age, avocation of the deceased, prayed to dismiss the petition.

5. Appellant – respondent No.2 filed counter and contended that accident occurred only due to the negligence of the deceased as there was heavy rain in the bus station and he was in a drunken condition, without observing the water on the ground he himself slipped from the platform, fell down on the ground, sustained injuries and died on the spot. The compensation claimed by respondent Nos.1 to 5–

petitioners is excessive, arbitrary and out of all proportions and denied the age, occupation and income of the deceased and prayed to dismiss the O.P.

6. The learned Tribunal framed the following issues:

1. Whether the accident occurred due to rash and negligent driving of the vehicle by R.1 as alleged by petitioners?

2. Whether the petitioners are entitled to compensation as prayed for and if so, at what rate and from whom?

3. To what relief?

7. Respondent No.1-Petitioner No.1 is examined as PW.1, examined PW.2-Rukshana Begum and also examined PW.3-Shaik Zakir Hussain, got marked Exs.A1 to A5. Respondent No.6 herein is examined as RW.1.

8. During pendency of the O.P. respondent No.5-petitioner No.5, who is the mother of the deceased died.

9. The Tribunal after going through the evidence led by the parties and perusing the documents thereon has partly allowed the claim petition by awarding compensation of Rs.17,64,500/- (Rupees Seventeen Lakhs Sixty Four Thousand Five Hundred only) with costs and interest @ 7.5% per annum from the date of petition till the date of deposit and that the respondent No.1 (respondent No.6 herein) and respondent No.2 (appellant herein) were jointly and severally directed to deposit the