MANAGING DIRECTOR APSRTC Vs. J PEDDA BHEEMESHWAR

JUDGEMENT

(1.) While the civil miscellaneous appeal is filed by the Andhra Pradesh State Road Transport Corporation

(2.) The Corporation is the appellant. THE respondent, who is the father of a nineteen-year old boy studying Intermediate, filed OP No.637 of 1997 claiming compensation of Rs.5,00,000/- for the death of his only son in a motor accident involving the bus of the appellant. On appreciation of the evidence adduced by the parties, the Tribunal has held that the accident has occurred on account of the rash and negligent driving of the driver of the appellant THE Tribunal has awarded a sum of Rs.3,77,500/- as compensation, which comprises Rs.3,60,000/- towards loss of earnings, Rs. 15,000/- towards loss of estate, and Rs.2,500/- towards funeral expenses.

(3.) As regards the first contention of the learned Counsel for the appellant, the respondent has adduced oral evidence by examining himself as PW1 and another person, by name, Chinta Laxman, as PW2. He has also got FIR in Crime No.28 of 1997 P.S. Kammarpally marked as Ex.A1, a copy of inquest panchanama as Ex.A2 and charge-sheet as Ex.A3. PW2, who is stated to be an eye-witness, figured as LW4 in the charge sheet, deposed that at about four years back, while he was at his printing press at about 12.30 pm, he has found that the deceased coming on Kawasaki Motorcycle from Nizamabad direction and that the bus belonging to the appellant was coming from Karimnagar side driven at high speed and hit the motorcycle, which resulted in injuries to the deceased and that on his being shifted to the hospital, he was declared dead. The appellant has not adduced any contra evidence.