SONTI ANJAIAH Vs. ANDHRA PRADESH STATE ROAD TRANSPORT

JUDGEMENT

(1.) The father of the deceased boy preferred this Appeal under Sec. 173 of the Motor Vehicles Act, 1988 assailing the award dtd. 9/6/2011 of the learned Chairman, Motor Vehicles Accidents Claims Tribunal-cum-XI Additional District Judge (Fast Track Court), Guntur at Tenali (hereinafter referred to as 'the Claims Tribunal') in M.V.O.P.No.522 of 2010.

(2.) Heard arguments of Sri Naresh Byrapaneni, the learned counsel for appellant and Sri Venkateswarlu Sanisetty, the learned Standing Counsel for respondent-A.P.S.R.T.C.

(3.) The following facts are required to be noticed: A young boy - Sonti Rangaiah studying 1st class aged between 5 and 8 years was with his father and they were standing at Gopalapuram bus stop waiting to board an RTC bus to go to Macherla. A.P.S.R.T.C. bus bearing registration No.AP9Z-7049 came there, but it dashed the young boy and ran over him leading to his death. This incident occurred on 29/10/1995 at about 1:00 P.M. About this accident, Crime No.46 of 1995 was registered at Macherla Rural Police Station/Ex.A.1. The dead body of the boy was subjected to inquest/Ex.A.3. The father of the deceased boy filed a claim under Sec. 163A of the Motor Vehicles Act as against A.P.S.R.T.C. in M.V.O.P.No.522 of 2010 and in its counter A.P.S.R.T.C. contended that it was the fault of the boy as well as his father that caused the death.