ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR AND DEPOT MANAGER Vs. SMT. Y. CHINNA LAXMAMMA AND KUM. Y. YADAMMA

JUDGEMENT

(1.) THE respondent -A.P.S.R.T.C. in the claim petition, filed this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal -cum -Chief Judge, City Civil Courts, Hyderabad, (for short, 'Tribunal') in M.V.O.P. No. 2582 of 2006 dated 11.03.2008, awarding compensation of Rs. 4,30,000/ - (Rupees Four lakhs thirty thousand only) with interest at 6% per annum as against the claim of the claimant of Rs. 4,50,000/ - (Rupees four lakhs fifty thousand only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act'). Heard Sri K. Madhava Reddy, the learned standing counsel for the appellants -A.P.S.R.T.C. and Smt. A. Chaya Devi, learned counsel for the respondents -claimants. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(2.) THE contentions in the grounds of appeal by the appellant -insurance company in nutshell are that the Judgment and decree of the Tribunal is contrary to law, weight of evidence and probabilities of the case that the accident was the result of rash and negligent driving of the bike rider, the deceased, which the Tribunal failed to take note of and instead of applying the principle of Res -Ispa Loquitor to fix any contributory negligence, that earnings of the deceased was taken as Rs. 3,000/ - is with no basis and the quantum of compensation awarded by the Tribunal is on high side. Whereas it is the contention of the respondents -claimants that in passing the award, for this Court while sitting in the appeal there is nothing to interfere on the finding that the accident occurred completely due to rash and negligent driving of the bus driver and there is no fault on the part of the deceased bike rider. Learned counsel for the claimants further contended that the rate of interest awarded by the Tribunal is utterly low.

(3.) THE facts are that on 25.09.2006 the deceased Y. Nagesh while proceeding on his motor cycle from Kalwakurthy towards Jadcherla at about 5.00 p.m. at the outskirts of village Marchala the offending RTC bus bearing No. AP 10Z 725 was driven from the opposite direction by the driver of the bus rashly, negligently and at high speed dashed the deceased, who sustained grievous injuries and he was shifted to Community Health Centre, Kalwakurthy and referred to Osmania General Hospital, Hyderabad for better treatment where the deceased died are proved from the material on record and no way requires interference in the appeal. On claim made by the wife and the mother of the deceased, aged about 30 years, the Tribunal awarded an amount of Rs. 4,30,000/ - towards compensation with interest at 6% p.a. to the claimants under various heads by award dated 11.03.2008.