RAVURI MANOHAR BABU Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is directed against the order dated 2-5-2003 passed in M.V.O.P. No.883 of 1998 on the file of the I Additional District Judge, Guntur, whereby, the learned Additional District Judge found R.W.1- Ravuri Manohar Babu guilty for the offence under Section 344 Cr.P.C. and convicted him accordingly and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs.500/- in default to suffer simple imprisonment for one month.

(2.) The appellant is R.W.1 in M.V.O.P. No.883 of 1998. The facts of the case, in brief, giving rise to filing of this criminal appeal by R.W.1- Ravuri Manohar Babu in M.V.O.P. No.883 of 1998 on the file of the I Additional District Judge, Guntur, are as follows: Neelam Parvathamma, Neelam Syam Prasad and Neelam Rambabu filed M.V.O.P. No.883 of 1998 under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.1,00,000/- for the death of Neelam Venkata Satyanarayana in a road accident occurred on 7-10-1998 at about 6-00 a.m., at Guntur-Prattipadu Road at 8/15 K.M. stone. The A.P.S.R.T.C. represented by its Managing Director, Musheerabad, Hyderabad is the respondent therein. It is averred in M.V.O.P. No.883 of 2003 that the bus bearing No.AP 10Z 4714 of Chirala Depot of Prakasam District owned by A.P.S.R.T.C. came in high speed and dashed Neelam Venkata Satyanarayana and as a result, the said Neelam Venkata Satyanarayana fell down on road margin and met with instantaneous death. A case in Crime No.111 of 1998 under Section 304-A IPC came to be registered by the Station House Officer, Prattipadu Police Station. The accident occurred due to rash and negligent driving of the driver of the bus. A claim of Rs.1,00,000/- has been made by the claimants under various heads as compensation for the loss of the life of Neelam Venkata Satyanarayana in the road accident. The claimants are wife and sons of the said Neelam Venkata Satyanarayana.

(3.) The respondent therein, i.e., A.P.S.R.T.C. filed counter resisting the claim of the claimants.