APSRTC HYD Vs. G JANA BAI

JUDGEMENT

(1.) Appellant herein is the 1st respondent in OP No.965 of 1990 on the file of the Court of the I Additional Special Judge for SPE and ACB Cases-cum-Additional Chief Judge, City Civil Court, Hyderabad. The respondents who are the legal representatives of late G. Umamaheshwar Rao, who died in a motor accident on 20-7-1989, laid a claim in OP No.965 of 1990 under Section 166 of the M.V. Act before the Tribunal below seeking a total compensation of a sum of Rs.10 lakhs.

(2.) The 1st respondent herein is the wife and respondents 2 and 3 are the minor children of the deceased G. Umamaheshwar Rao, who was serving as Sub-Manager in Andhra Bank, Bhimadole Branch in West Godavari District. He was aged 37 years at the time of his death. On 20-7-1989 at 8-30 a.m., the deceased and his brother G. Suryanarayana Murthy, Manager, Andhra Bank, Mallavaram Branch, West Godavari District were travelling in an auto rickshaw bearing No.AHT 8271 to go to Secunderabad Railway Station and on the way near Hockey Stadium Road, the RTC bus bearing No.AAZ 7701 driven by the 2nd respondent in the OP, in a rash and negligent manner hit the auto rickshaw, due to which G. Umamaheshwar Rao sustained serious injuries and was taken to Gandhi Hospital by his brother, who was with him at that time, where he was declared dead. A case in Crime No. 116 of 1998 under Section 3 04-A of the Indian Penal Code was registered by the Police Ramgopalpet Police Station at about 10-15 p.m., on the same day. The claimants being the legal representatives of the deceased laid OP No.965 of 1990 before the Tribunal below claiming compensation of Rs.10 lakhs for the untimely death of the deceased.

(3.) Before the Tribunal below, in OP No.965 of 1990 a counter was filed by the appellant who is the first respondent in the said OP, denying the rashness and negligence on the part of the driver of the bus bearing No. AAZ 7701. It was alleged that due to the rashness and negligence on the part of the driver of the auto rickshaw bearing NoAHT 8271 the accident took place. It was also pleaded in the counter that the compensation claimed by the claimants is exorbitant.