REGIONAL MANAGER, APSRTC Vs. THOKALA PARISHUDDHAN

JUDGEMENT

(1.) This Appeal was filed by the A.P.S.R.T.C. under Section 173 of Motor Vehicles Act, against the decree and judgment, dated 02.01.2017 passed in M.V.O.P.No.967 of 2011 on the file of the Motor Accidents Claims Tribunal-cum-XIII Additional District Judge, Vijayawada, Krishna District. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the Appeal.

(2.) As per the averments of the claim petition on 15.10.2011 at early hours Thokala Peter Paul (who will be hereinafter referred to as "deceased") started from his house to attend his job on his bicycle and when he reached near Panchayat Office, Veeravalli Village of Bapulapadu Mandal, at about 6-35 a.m., then APSRTC Bus bearing No.A.P.11 Z 6734 (which will be hereinafter referred to as "offending vehicle") which was driven by the 1st respondent in a rash and negligent manner without taking care and caution and dashed the deceased. As a result of which the deceased fell down and received head injury. Immediately, he was shifted to Pinnamaneni Siddardha Medical Science and Research Center, China Avutapalli for treatment and while undergoing treatment he succumbed to injuries on 20.10.2011.

(3.) The Veeravalli Police registered a case in Crime No.136 of 2011 under Section 304-A of Indian Penal Code against the driver of the offending vehicle. It is further averred in the petition that the deceased was hale and healthy and aged about 58 years at the time of accident. He was working as a Gateman in South Central Railway at Veeravalli Village of Bapulapadu Mandal. He used to earn Rs.2,51,520/- per annum. The entire income was contributed to his family and if the deceased is alive, the claimants would have led happy life with the deceased and due to the death of the deceased the claimants became orphans and lost their bread winner. The 1st respondent is the driver of the offending vehicle and 2nd respondent is the Regional Manager of APSRTC, Vijayawada, who is the owner of the bus, are liable to pay compensation to the claimants.