SANTHAPURI VIJAYA Vs. KULUKULURI APPALAKONDABABU

JUDGEMENT

(1.) Since both these Civil Miscellaneous Appeals arise out of the same claim petition, they are being disposed of by a common judgment.

(2.) For the sake of convenience, parties would hereinafter be referred as they are arrayed in the Tribunal.

(3.) The widow and daughter of S.Rama Rao (the deceased), filed a claim petition seeking compensation of Rs.11,00,000.00 from Respondents 1 to 3, who are the driver and the owners of the R.T.C. Bus bearing No.AAZ 7099, and Respondent Nos.4 and 5, who are the owner and the insurer of the car in which the deceased was proceeding, alleging that the deceased while travelling in the car of the 4th respondent died as a result of the collision between the car in which he was travelling and the bus being driven by the 1st respondent. The Tribunal having held that the accident took place due to the negligence of the drivers of both the vehicles involved in the accident awarded Rs.3,66,000.00 as compensation to the appellants against Respondent Nos. 1 to 4 only, and exonerated the 5th respondent from liability. Dissatisfied with the quantum of compensation awarded to them, claimants preferred C.M.A. No. 164 of 1995 and aggrieved by the Tribunal exonerating the 5th respondent from its liability, 4th respondent preferred C.M.A. No.256 of 1995.