APSRTC, REP Vs. CHEEDE ATCHAYAMMA

JUDGEMENT

(1.) AGGRIEVED by the Order, dated 18.02.2008, passed by the Chairman, Motor Accidents Claims Tribunal cum District and Sessions Judge, (FAC) I Additional District Juddge, West Godavari, Eluru, (for short, the Tribunal), in O.P. No.107 of 2005 maintained by the claimants under Section 166 of the Motor Vehicles Act, 1988 (for short, the Act) for the death of Cheede Subba Rao (hereinafter referred to as the deceased) in a motor accident that occurred on 15.10.2004, due to negligence act of the 1st respondent Andhra Pradesh State Eastern Power Distribution Company Limited, Visakhapatnam (for short, the APSEPDCL) and the 3rd respondent, who is the driver of the 2nd respondent - Andhra Pradesh State Road Transport Corporation (for short, the APSRTC) bus bearing No.AP 10 Z 4320, the bus came in contact with the Stem of Thumma Plant, due to which the electrical live wire head line fell on the bus, as a result of which the deceased was electrocuted and sustained severe burn injuries and died on 18.10.2004 while undergoing treatment at Kakinada, when the claimants claimed compensation of Rs.08,02,000/ -, since the Tribunal awarded Rs.7,16,944/ - against the respondents 1 to 3 jointly and severally, the respondents 1 and 2 to the claim petition filed these two appeals respectively against their liability. The respective contentions in the grounds of appeals are that:

(2.) LEARNED counsel for the respective appellants also as 5th respondent to the respective appeals reiterated their contentionin the course of hearing the appeal.

(3.) RESPONDENT No.6, who is the driver of the bus, in both the appeals did not choose to appear. Hence the appeal is taken as heard on his behalf.