THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

JUDGMENT:

1. This appeal is filed under Section 173 of the Motor Vehicles Act (for short ‘the MV Act’) by the appellant challenging the Award dated 16.03.2012 passed by the Motor Accidents Claims Tribunal (I Additional District Judge), Mahabubnagar, (for short, ‘the Tribunal’)

in MVOP.No.611 of 2007.

2. For the sake of convenience, the parties will be hereinafter referred to as claim petitioners and respondent.

3. Claimant No.1 is the wife, claimant Nos.2 and 3 are the sons, claimant No.4 is the father died during pending O.P., and claimant No.5 is the mother of the deceased Boki Venkataiah.

4. It is stated in the claim petition that on 12.08.2007 Boki Venkataiah went to Ramakonda Holy place along with one Bhagwanthu, after visiting the said Holy place they were returning back to their village on foot meanwhile at about 10.15 hours Boki Venkataiah observed the arrival of APSRTC bus bearing No.AP-10-Z- 9858, tried to stop by standing aside the road at KM stone No.20, which was coming from Koilkonda to Mahabubnagar. The driver of the vehicle drove it in rash and negligent manner, dashed Boki Venkataiah, the rear portion of the bus hit him, as a res