A P STATE ELECTRICITY BOARD Vs. MUNJI RAMANAMMA

JUDGEMENT

(1.) Andhra Pradesh State Electricity Board calls in question the legality and validity of the award passed by the District Judge-cum-Motor Accident Claims Tribunal, Srikakulam dated 27-6-1996 in OP No. 169/1992, whereunder compensation payable to the heirs of the deceased, who died in an accident, by bus belonging to the APSRTC was apportioned between APSRTC and APSEB.

(2.) This appeal raises a point of some significance with regard to the jurisdiction of the Motor Accident Claims Tribunal to adjudicate the claim against APSEB, when the passenger who boarded the bus and went on to the top of the bus contacted with live electric wire due to rash and negligent driving of the bus driver who suddenly moved the bus belonging to the APSRTC and whether Tribunal can pass award under Section 110-B of the Motor Vehicles Act, 1939 (for short "the 1939 Act") (corresponding to Section 168(1) of the Motor Vehicles Act, 1988 (for short "the 1988 Act").

(3.) The brief facts, which are necessary for disposal of the appeal, are as under : The wife, 1st petitioner, children, 2nd and 3rd petitioners, and parents, 4th and 5th petitioners of the deceased Munji Appa Rao (respondents 1 to 5 herein) moved the Motor Accidents Claims Tribunal, Srikakulam by filing OP No.169/1992 under Section 166 of 1989 Act and Section 110-A of 1939 Act, claiming compensation of Rs.80,000/- consequent to the death of Munji Appa Rao in the accident which took place on 30-11-1990 by use of offending vehicle i.e., bus, bearing registration No.AEZ 2102 belonging to APSRTC (respondents 7 and 8 herein). It is their case that deceased Munji Appa Rao boarded the bus and went on to the bus top to place luggage on the bus top, and all of a sudden, 6th respondent, driver of the bus rashly and negligently drove the bus towards Narasannapeta side and as a result of which, the deceased came into conduct with the live electrical wire hanging loosely across the road, which alleged to have negligently maintained by 4th and 5th respondents, the appellants herein. As a result of which, the deceased got electrocuted and thrown out of six feet away on the ground from the bus top and died on the spot. The accident was caused due to rash and negligent driving of the bus belonging to 7th and 8th respondents herein by the 6th respondent-driver, as due to the improper maintenance of live electrical wires by the 4th and 5th respondents. Police registered a case in Cr.No.151/90 under Section 174 Cr.P.C. The deceased was an agricultural cooli and used to earn Rs.450/- per month and contribute Rs.250/- per month to the family.