APSRTC SALUR VIZIANAGARAM DISTRICT Vs. JERRI RAMA RAO

JUDGEMENT

(1.) This civil miscellaneous appeal is filed by the A.P. State Road Transport Corporation under Section 173 of the Motor Vehicles Act, 1988, (for short 'the Act') against the award passed in M.O.P. No.345 of 1998, dated 16.2.2000, on the file of the Motor Accident Claims Tribunal-cum-Additional District Judge, Vizianagaram.

(2.) The Respondents 1 to 3 herein, who are the claimants before the Tribunal below, have filed the said O.P. under Section-166 of the Act claiming compensation of Rs.2,00,000/- on account of the death of their mother in a motor vehicle accident which took place on 22.10.1997. It was their case before the Tribunal below that on 22.10.1997, the deceased boarded the bus bearing Registration No.AP-10-Z-3149 in Busaivalasa Village to go to Challapeta and when the bus stopped near Pedamanapuram Railway Gate, the deceased got down from the bus along with other passengers and stood in front of the bus because the gate was closed. It was their further case that when the railway gate was opened, the driver of the offending bus without taking care of the passengers drove the same in a negligent manner and dashed against the deceased and as a result, the deceased died on the spot. Hence, the said claim petition was filed by the minor sons of the deceased stating that on account of the sudden and untimely demise of the deceased, they lost their dependency. It was also 'averred that their mother-deceased was earning Rs.50/- per day and was contributing major portion of her income to the members of the family. As such, they filed the claim petition seeking compensation on account of loss of their dependency and also the expenditure incurred on account of transportation, funeral charges, etc.

(3.) Before the Tribunal below, the appellant-Corporation has resisted the claim of the claimants by filing counter- affidavit. While generally denying the allegations made by the claimants it was their case before the Tribunal below that the accident was not occurred due to the negligence on the part of the driver of the offending bus. It was their case that the deceased along with some other passengers jumped down from the moving bus due to hearing cries mat another train is coming on the track and it will hit the bus. As such, it was their case that there was no negligence on the part,of the driver of the offending bus and ultimately, pleaded for dismissal of the claim petition.