APSRTC Vs. VADDE SUJATHA

JUDGEMENT

(1.) Challenging the order dtd. 28/9/2011 passed in M.V.O.P.No.596/2007 on the file of Motor Accidents Claims Tribunal-I Addl.District Judge, Kurnool, the appellant/Andhra Pradesh State Road Transport Company filed the appeal.

(2.) The respondent/claimant filed claim petition before the learned Tribunal U/s.140 and 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.10,00,000.00 for the death of Vadde Ramanjaneyulu, husband of the claimant and son of the 2nd respondent, alleging that on 3/5/2007 while V.Ramanjaneyulu and Rumangadhara started on a Bajaj Discover Motor Cycle bearing No.AP 21 M 3144 to go to Pathikonda to visit temple, and reached near Benigeri village, at that time one APSRTC Bus bearing No.AP 9Z 8602 came in a rash and negligent manner, in high sped and dashed the said motor cycle from back side, as a result of which, V.Ramanjaneyulu and Rukmangadhara fell down on road, and Ramanjaneyulu sustained severe injuries and died on the spot. Prior to accident, V.Ramanjaneyulu was hale and healthy, aged 26 years, maintaining Ram Network and earning Rs.12,000.00 per month.

(3.) Before the learned Tribunal, the 1st respondent/APSRTC filed written statement, while traversing the material averments with regard to manner of accident, rash and negligence on the part of the driver of the crime vehicle, nature of injuries, medical expenditure, age and avocation of the claimant, alleged permanent disability, liability to pay compensation, and contended that the rider of motor cycle alone is responsible for the accident. Hence, the 1st respondent is not liable to pay compensation to the claimant.