DEPOT MANAGER, APSRTC Vs. KAKUNURI ANKALAMMA

JUDGEMENT

(1.) Challenge in this MACMA is to the award, dtd. 3/9/2015 in M.V.O.P.No.223 of 2012, on the file of the Chairman, Motor Accident Claims Tribunal-cum-VI Additional District and Sessions Judge, Prakasam at Markapur ("Tribunal" for short), whereunder the Tribunal dealing with the claim of compensation made by the petitioners for Rs.6,00,000.00 on account of the death of one Kakunuri Srinivasa Reddy (hereinafter will be referred to as "deceased") in a motor vehicle accident, occurred on 15/4/2012, awarded a sum of Rs.6,00,000.00 as compensation.

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

(3.) The case of the petitioners, in brief, according to the averments set out in the claim before the Tribunal, is that the deceased is the husband of first petitioner, father of petitioners 2 and 3 and son of the petitioners 4 and 5. The deceased was cultivating commercial crop such as cotton, etc. On 15/4/2012 the deceased went and attended the marriage function at Giddalur. After attending the marriage, he was returning to his village. When he reached near Mudiyam Subba Reddy fields, APSRTC Bus bearing No.AP.10-Z-9837 (hereinafter will be referred to as "offending vehicle") driven by the first respondent under the control of second respondent and owned by third respondent in a rash and negligent manner in wrong direction hit the deceased motorcycle. The motorcycle of the deceased struck underneath the bus and the deceased sustained multiple injuries including injuries on right frontal side of the head, right elbow joint fracture of 3 bones and died on the spot. Police registered FIR in Crime No.85 of 2012 under Sec. 304(A) of the Indian Penal Code against the first respondent. On account of the death of the deceased, the petitioners became orphans.