APSRTC REP Vs. D SASIKALA

JUDGEMENT

(1.) Respondents 1 to 6 who are wife, minor son, parents and brothers of D.Sudhakar (the deceased), who died due to an accident that occurred due to a collision between the jeep belonging to seventh respondent and insured with eighth respondent, being driven by the deceased and a bus belonging to the appellant, filed a claim petition seeking compensation of Rs.7,00,000/- from the appellant and respondents 7 and 8, alleging that the accident involving the deceased and others occurred only due to the rash and negligent driving of the driver of the bus belonging to the appellant. Appellant filed its counter alleging that the accident occurred only due to the rash and negligent driving of the deceased, while driving the jeep. Seventh respondent filed counter contending that since the accident occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant, appellant only is liable to pay the compensation. Eighth respondent filed counter putting the respondents to proof of the allegations in the petition. In support of the case of respondents 1 to 6, three witnesses were examined as P.Ws. 1 to 3 and exhibits A1 to A6 were marked. On its behalf, appellant examined the driver of the bus as R.W.1, but did not adduce any documentary evidence.Respondents 7 and 8 did not adduce evidence either oral or documentary on their behalf. The Tribunal having held that the accident occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant, awarded Rs.3,43,400/- as compensation to respondents 1 to 6 from the appellant. Aggrieved by the compensation awarded to respondents 1 to 6, against it the first respondent before the Tribunal preferred this appeal.

(2.) Heard learned counsel for parties.

(3.) The points for consideration in this appeal are 1. Due to whose negligence did the accident occur? 2. To what compensation are the respondents 1 to 6 entitled?