S.R.SRAVANI Vs. APSRTC

JUDGEMENT

(1.) This appeal under Sec. 173 (1) of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") has been preferred by the claimant being a minor represented by her next friend and guardian-cum-father, against the Award dtd. 11/11/2005, passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Madanapalle, Chittoor District, (hereinafter referred to as "the Tribunal") in O.P.No.141 of 2004, seeking enhancement of the amount of compensation.

(2.) For the sake of convenience, the parties are referred to as they are arrayed before the Tribunal.

(3.) (a) The facts leading to prefer this appeal, briefly stated, are that, S.R.Sravani was a bright young girl and was leading a normal life like any other child. Unfortunately on 10/5/2003 at about 10.00 a.m., when the petitioner/claimant was about to cross the road in front of the shop of Rajamma in Gownipalli Village on Madanapalle - B.Kothakota road, the RTC bus bearing No.AP 10 Z 2390 being driven by its driver in a rash and negligent manner, dashed the claimant and as a result of the said accident, the petitioner/claimant sustained crush injury to her both the legs. Immediately, the petitioner/claimant was shifted to the Government Hospital, Madanapalle, and from there to S.V.R.R.Government General Hospital, Tirupati for treatment. The matter was reported to the Police alleging that the accident took place as a result of the rash and negligent driving of the offending vehicle (RTC bus) bearing No.AP 10 Z 2390, by its driver and based on the F.I.R lodged by G.Chennappa, who is a third party and eyewitness to the accident and resident of Kummarapalle Village, B.Kothakota Police registered a case in Crime No.45 of 2003 under Sec. 338 IPC. After investigation of the case, a charge sheet was submitted against the accused driver for having committed the offences punishable under Sec. 338 IPC and Sec. 134(A and B) read with 187 of the Motor Vehicles Act.