BHUPATI PEAMEELA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Since these two civil miscellaneous appeals arise out of the same accident and involve almost similar facts and legal issues, they are being disposed of by this common order.

(2.) The appellants in CMA No.4845 of 2004 are the claimants in MVOP No.725 of 2001. They filed a claim petition before the Motor Accidents Claims Tribunal (District Judge) at Vizianagaram ('the Tribunal', for brevity) under Section 163-A of the Motor Vehicles Act, 1988 ('the Act', for brevity) claiming a total compensation of Rs.4,00,000/ - on account of death of one Shaik Ismail, who was working as driver in Police Department and who died in a motor accident. The appellants in CMA No.4844 of 2004 are the claimants in MVOP No.818 of 2001. They claimed a total compensation of Rs. 15,00,000/- on account of death of one Bhupathi Sriramulu, who was working as police constable and who died in a motor accident. Both the M.V.O.Ps were clubbed together and disposed of by common order dated 27.10.2004 by the Tribunal. The Tribunal held that the accident was not due to the rash and negligent driving of the bus driver and it was due to the landmine blast and, therefore, the claimants are not entitled for any compensation claimed by them. The Tribunal, however, awarded a sum of Rs. 1,00,000/- to the claimants in each M.V.O.P. separately. Aggrieved by the same, present civil miscellaneous appeals are filed.

(3.) The brief facts of the case are as follows. The deceased in MVOP NO.725 of 2001 - Shaik Ismail was working as driver in Police Department, Vizianagaram. He was aged about 55 years by the date of the accident. The deceased in MVOP No.818 of 2001 - Bhupathi Sriramulu was aged about 35 years and he was working as police constable by the date of the accident. On 2.2.2001, the police party, headed by the Superintendent of Police, Vizianagaram, were proceeding to Elwinpeta for combing operation, and after conducting combing operation near Kolliguda Village, they were returning to Vizianagaram by a bus bearing Registration No.AP 9 P 1163. The deceased Shaik Ismail was driving the said bus. The other deceased - Bhupathi Sriramulu was one of the Constables who were travelling in the said bus at the time of the landmine blast. It appears that Superintendent of Police and some other police personnel were in front of the said bus in a police jeep and some others were behind the bus. When the bus reached Kolliguda Junction near Kothavasala, there was a sudden landmine blast, which was a pre-planned one by antisocial elements. Both the deceased sustained grievous injuries and succumbed to the injuries. Admittedly, the accident occurred only due to the landmine blast by the antisocial elements. The Station House Officer, Elwinpet Police Station, registered a case in Crime No. 13 of 2001 under Sections 147, 148, 307, 320 read with 149 IPC.