GENERAL MANAGER APSRTC Vs. J VENKAT RAM REDDY

JUDGEMENT

(1.) The appeal and the cross-objections arc directed against the award in M.V.O.P. No. 522 of 1994 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge at Mahabubnagar, dated 26.07.2002.

(2.) The factual background for the appeal is that J. Rama Chandra Reddy, an Advocate, practising before the High Court of Andhra Pradesh and aged 27 years, was travelling in a Maruti Van No. AP 9Z 368, owned by the Respondent, on 17.06.1994 at about 5.30 a.m., when the van met with an accident on the National Highway No. 7 within the limits of Puttandoddi village. J. Rama Chandra Reddv died on the spot in the accident that occurred due to the rash and negligent driving by the driver of the Maruthi Van, who dashed against a parked lorry from behind. J. Rama Chandra Reddy paid fare to the driver of the Maruthi Van for travelling in the van and Kodandapur police registered Crime No. 11 of 1994 regarding the incident. Rama Chandra Reddy was earning a minimum of Rs. 4,000/- per month, which he was contributing in entirety for the maintenance of his parents, who hence, claimed a compensation of Rs. 3,00,000/- from the owner of the Maruthi Van.

(3.) The Respondent contested the claim contending that the vehicle is a private vehicle of the Respondent without any insurance intended to carry the officers of the corporation and not any passengers. The travel of the deceased in the vehicle was illegal and unauthorized and hence, the corporation is not liable to pay any compensation to the claimants. The other allegations of the claimants were also denied.