THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

JUDGMENT:

1. Aggrieved by the order passed by the learned Motor Accidents Claims Tribunal-cum-Judge, Family Court-cum- VI Additional District Judge, Khammam (hereinafter referred as ‘Tribunal’) in M.V.O.P.No.750 of 2013 dated 11.12.2018, the 5th respondent/Insurance Company in the said O.P. preferred the present Appeal seeking to set-aside the order of the learned Tribunal.

2. For the sake of convenience, the parties hereinafter be referred as they were arrayed before the learned Tribunal.

3. The brief facts of the case are that the claim petitioners, who are the wife and children of Late Pabbaraju Hanumantha Rao (hereinafter referred as ‘the deceased’) filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.18,00,000/- against the respondents on account of the death of the deceased in a road accident that took place on 01.01.2013 due to rash and negligent driving of the driver of APSRTC hired Bus bearing No.AP-20/Y-6669. It is stated by the petitioners that the deceased used to work as a Conductor in A.P.S.R.T.C., Madhira Depot and on 01.01.2013, the deceased was on duty and was proceeding from Madhira to Basara in Adilabad District in the said hired APSRTC Bus bearing No.AP-20/Y-6669 along with passengers and when the bus reached Anksapur Village of Armoor Mandal, Nizamabad District at about 21.45 hours, respondent No.1 drove the bus with high speed and dashed against the stationed lorry bearing No.AP-37/X-4236 situated on the left side of the road on National Highway-63. As a result, the Conductor’s seat on which the deceased sat, got completely damaged and thereby, an iron rod poked into the head of the deceased which has caused grievous injury and resulted into his death. Some of the passengers who were travelling in the bus, escaped from the scene of offence and the driver also escaped from the spot without getting any injuries. Immediately, the deceased was shifted to nearby Hospital without making any complaint to Police. One of the passengers, who was travelling in the bus, informed the Depot Manager of Madhira Depot who in turn informed the same to the claim petitioners and other relatives. 4. The brother of the deceased lodged a complaint before the Police and the Police registered a case in Crime No.2 of 2013 against the driver of hired APSRTC Bus bearing No.AP- 20/Y6669 i.e., respondent No.1 herein under Sections 304(A)

and 337 of IPC and after conducting thorough investigation, charge sheet was also filed against the driver of the said RTC Bus and the same was numbered as CC.No.127 of 2013 on the file of the Judicial Magistrate of First Classs, Armoor of Nizamabad District.

5. It is stated by the petitioners that prior to accident, the deceased was hale and healthy and was aged 44 years and used to work as a Conductor in A.P.S.R.T.C., Madhira Depot and used to get salary of Rs.20,000/- per month which is spent for maintenance of entire family. Due to the sudden demise of the deceased, the petitioners were put to hardship, mental agony and became destitute, as such, they filed claim petition seeking compensation against the respondents-RTC..

6. During trial before the Tribunal, the claim against Respondent No.1/driver of the crime RTC Bus, was dismissed.

Respondent No.2-Depot Manager was set ex-parte.

7. Respondent No.3-Managing Director of RTC filed his counter contending that the accident occurred due to the negligence on part of driver of lorry bearing No.AP-37/X-4236, who parked his vehicle on the centre of the road, as such, the claim petition is liable to be dismissed on the ground of non-

joinder of owner and driver of subject lorry as necessary parties and therefore prayed to dismiss the claim against him.

8. Respondent No.4/owner of the bus contended that the subject Bus was insured with respondent No.5 with valid insurance policy covering the date of accident, as such, respondent No.5 is liable to pay compensation and prayed to dis