APSRTC Vs. DIVAKALA VASUNDARA

JUDGEMENT

(1.) Sri Divakala Venkata Raghava Rao, husband of the 1st respondent and father of respondents 2 and 3, was employed as Senior Assistant in the office of Padmanabham Mandal Parishad, East Godavari District. On 6.9.2000, he was proceeding to the Sub-Treasury Office at Bheemunipatnam, from his house, at 10 A.M. On the way, he was hit by a bus bearing No.AP-9Z-6035, belonging to the appellant, and driven by the 4th respondent. Immediately he was shifted to the nearby hospital, but was declared dead. A case under Section 304-A of IPC was registered against the 4th respondent, in the concerned police station.

(2.) Respondents 1 to 3 (for short "the respondents") filed MVOP No.1717 of 2000, in the Motor Accidents Claims Tribunal-cum- II Additional District Judge, Visakhapatnam, claiming a sum of Rs.8,70,000/- as compensation. They pleaded that the deceased was earning a salary of Rs.9,426/- per month, and that he was aged 54 years, by the time he died.

(3.) The 4th respondent remained ex parte. The matter was contested by the appellant alone. It put the respondents to strict proof of the facts pleaded by them. The allegation as to the rashness and negligence, on the part of the driver, was denied. It was pleaded that, when the bus was negotiating a curve at Government Hospital, an auto rikshaw with number of passengers in it, came in a rash and negligent manner, and to avoid the same, the bus was swerved to the left, and in the process, the deceased died. Through order, dated 27.6.2002, the Tribunal awarded the compensation as claimed by the respondents, with interest at 9%, and apportioned the same among them. This appeal is directed against the said order.