M.C. CHALAPATHY S/O MR. ADEPPA Vs. THE MANAGING DIRECTOR, APSRTC REPRESENTED BY ITS DIVISIONAL MANAGER, MADANAPALLE II DEPOT, MADANAPALLE, CHITROOR DISTRICT, ANDHRAPRADESH

JUDGEMENT

(1.) THIS is claimants' appeal seeking for enhancement of compensation in respect of the death of D.N.Yashodha in a motor accident. For the sake of convenience, the parties in this appeal would be referred to by their rankings as they are arrayed in the claim petition before the Tribunal.

(2.) THE claimants who are the husband and daughter of the deceased D.N. Yashodha instituted the claim petition claiming compensation on account of the death of the deceased in a motor accident. It is their case that the deceased Yashodha was aged 45 years and was proprietor of M/s. Raghavendra Offset Printers and Xerox situated at Cheluru Village in Bagepalli Taluk of Chikballapur District. She was earning more than Rs. 30,000/ - per month. On the date of the accident the deceased boarded the bus bearing No AP -1.1 -Z -4320 along with her husband and daughter at Cheluru village in order to go to Thirumala. When the said bus was near Krishnapuram Hanijanawada near Rangampeta situated on Pileru. Tirupathi Read i.e. NH.205 the bus bearing No. AP -I1 -Z -2055 driven by its driver at a high speed in a rash and negligent manner came from the opposite direction and dashed against the bus in which the deceased and claimants were travelling. On account of the impact, the deceased sustained severe injuries apart from others, who were travelling in the bus. She was shifted to SVRR Government Hospital, Thirupathi where she succumbed to the injuries sustained in the accident at about 10.30 p.m. It is their case that the respondent/Corporation being the owner of the offending bus are liable to pay the compensation as claimed in the petition.

(3.) THE Tribunal on the basis of the above pleadings framed the following issues: - 1. Whether the petitioners prove that Smt. D. N. Yashodha W/o. M. C. Chalapathy died in an accident has taken place on 30.07.2008 at about 8.30 p.m. due to rash and negligent driving of the driver of the APSRTC bus bearing No. AP -11 -Z -2065 at Krishnapuram Maadigawada near A. Rangampeta on NH205 Road? 2. How much compensation the petitioners are entitle and from whom?