GENERAL MANAGER APSRTC Vs. LAKSHMI

JUDGEMENT

(1.) This appeal is filed against the award dated 1-3-1996 in O.P.No.1219 of 1992 on the file of the Motor Accidents Claims Tribunal - cum - Additional Chief Judge - cum - Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad. The A.P.S.R.T.C., filed this appeal.

(2.) On 31-8-1992 at about 9.45 p.m., R.T.C., bus bearing registration No.AP-9-Z-2300, was proceeding from Hyderabad to Guntur. When the bus crossed Nalgonda Cross-roads in the city and proceeding forward towards Dilsukhnagar, an ambassador car bearing No.AAY 2054, came in the opposite direction. Deceased S.Raju and some others were travelling in the ambassador car. There was collusion between R.T.C., bus and ambassador car. Raju sustained injuries in the accident. He was shifted to Osmonia General Hospital. Later he succumbed to injuries while undergoing treatment in the hospital. His wife and other dependants filed the claim application seeking a total compensation of Rs.2,00,000/- from the R.T.C., alleging that the accident took place due to rash and negligent driving of R.T.C., bus by its driver-R.W.1. The R.T.C., contested the claim application taking the plea that the accident took place due to rash and negligent driving by car driver and R.T.C., driver was not driving the vehicle negligently or rashly at the time of accident. Regarding the accident, the claimants examined only one eye witness viz., P.W.2. R.T.C., authorities examined its bus driver as R.W.1. On a consideration of oral evidence of P.W.2 and R.W.1 and documentary evidence adduced by the claimants like F.I.R., Charge Sheet, M.V.Inspector's report etc., the learned Tribunal held that the claimants proved that the accident took place due to rash and negligent driving of the bus by R.T.C., driver. Accordingly, the learned Tribunal awarded a compensation of Rs.1,83,500/-. Aggrieved by the said award, R.T.C., authorities preferred the present appeal.

(3.) The point that arises for consideration in the present appeal is whether the accident took place due to rash and negligent driving of the driver of R.T.C., bus bearing registration No.AP-9-Z-2300?