APSRTC Vs. GUDIVADA POLAMMA

JUDGEMENT

(1.) Aggrieved by the Order dtd. 6/7/2010 in MVOP.No.529 of 2007 passed by the Chairman, Motor Accident Claims Tribunal - Cum - District Judge, Vizianagaram, (for short 'the Tribunal', the appellants who arrayed as respondents 2 and 3 in MVOP.No.529 of 2007 filed this appeal questioning the correctness of the award.

(2.) For convenience's sake, hereinafter, the parties will be referred to as arrayed in MVOP.No.529 of 2007.

(3.) The claimant's case is that on 8/11/2006, one Gudivada Ramu (hereinafter referred to as 'the deceased'), after completing his work at Modavalasa, boarded an Auto to go to Vizianagaram. When the said Auto reached Shivajipalem at about 03.25 PM, an A.P.S.R.T.C. D.G.T. Bus bearing No. A.A.Z./511 (hereinafter referred to as 'the offending bus') came from the opposite direction, driven by the 1st respondent in a rash and negligent manner at high speed and even without blowing any horn or following the traffic rules dashed the said Auto. As a result, the deceased died on the spot. A case was registered in Crime Number 194 of 2006 for the offence under Sec. 337, 338 and 304-A of I.P.C. by Traffic P.S., Vizianagaram, against the offending bus driver, i.e., 1st respondent.