KALAPALLY KRISHNA Vs. DEPOT MANAGER APSRTC OFFICE

JUDGEMENT

(1.) This appeal is filed by the claimants seeking enhancement of the compensation awarded by the Senior Civil Judge and MACT-II, Yadgir dated 21.07.2018 in MVC No.201/2016.

(2.) The records disclose that the claimants are the legal representatives of deceased Shekar, who was aged 22 years and was a painter by profession and earning a sum of Rs.10,000/- per month. It is stated that on 01.08.2016, Shekar and his friend were proceeding from Jogipet to Alladurga on a motorcycle bearing registration No.AP-29/H-5352. At about 7.15 p.m., the driver of TSRTC bus bearing registration No.AP-29/Z-207 owned by the respondent (henceforth referred as 'offending vehicle') drove it in a rash and negligent manner and dashed against the motorcycle. As a result, Shekar and his friend fell down and Shekar died at the spot due to the injuries sustained. The claimants contended that they were depending on the deceased and due to his death, they had lost the bread earner in their family. Therefore, the claimants filed a claim petition under Section 166 of Motor Vehicles Act claiming compensation of Rs.30,50,000/-.

(3.) The claim petition was contested by the respondent, who denied the accident as well as negligence on the part of the driver of the bus. The claimant No.1 was examined as PW.1 and he produced Exs.P1 to P4. The respondent did not adduce any oral evidence or marked any documentary evidence.