APSRTC Vs. B.GANGAIAH

JUDGEMENT

(1.) Challenge in this Motor Accidents Civil Miscellaneous Appeal is to the Award, dtd. 9/11/2015, in M.V.O.P. No.307 of 2014 on the file of Chairman, Motor Accidents Claims Tribunal-cum-IX Additional District Judge, Chittoor (for short, 'the Tribunal') whereunder the Tribunal, dealing with the claim of compensation sought by the claimants on account of the death of B. Ravi Kumar (hereinafter referred to as 'the deceased') in a motor vehicle accident, which was occurred on 28/11/2009 at 03:30 PM, awarded a sum of Rs.6,48,000.00 towards compensation.

(2.) The parties to this Appeal will hereinafter be referred to as described before the Tribunal, for the sake of convenience.

(3.) The case of the claimants, in brief, according to the averments set out in the claim, before the Tribunal, is that on 28/11/2009 at about 03:30 p.m. on Chittoor-Palamaner road while the deceased was driving his two wheeler slowly and going towards Motharapalle the APSRTC bus bearing No.AP 11 Z 1110 (for short, 'the offending vehicle') driven by its driver at a high speed in a rash and negligent manner, dashed against the vehicle of the deceased, as a result the deceased fell down and sustained grievous injuries all over his body and later died on the spot. Station House Officer, Traffic Police Station, Chittoor registered a case in Crime No.112 of 2009 for the offence under Sec. 304-A IPC against the driver of the offending vehicle. The deceased was the only breadwinner of their family and due to the sudden death of the deceased, the petitioners lost their breadwinner, his earnings and also his love and affection. Hence, the respondents are liable to pay compensation.