P. V. SUBBA REDDY Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants against the judgment dated 27.09.2017 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 25.12.2012 at about 1.45 a.m. deceased Divya was traveling in a bus bearing registration No.KA-09 F4-691 from Bengaluru to Hyderabad. When the bus reached near Giddaiah Metta on N.H.4, Kurnool District, the driver of the bus drove the same in a rash and negligent manner and lost control over the same. As a result of the aforesaid accident, the bus turned turtle by the side of the road and the deceased as well as the other passengers of the bus sustained grievous injuries. The deceased thereafter succumbed to her injuries.

(3.) The claimants namely parents thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the accident took place solely on account of rash and negligent driving of the driver of the offending bus. It was further pleaded that the deceased was aged 25 years at the time of accident and was employed as a HR Executive at Wallsys Technologies, Bengaluru and was drawing a salary of Rs.22,000/- p.m. Accordingly, the compensation to the tune of Rs.1 Crore along with interest was claimed. The Corporation filed statement of objections in which inter alia, it was denied that the accident took place on account of the rash and negligent driving of the driver of the offending bus.