UNITED INDIA INSURANCE COMPANY Vs. BALU SWAMY SARASWATHI

JUDGEMENT

(1.) The appellant herein is the United India Insurance Company which was aggrieved by the award passed in M.O.P.No.55 of 1987 by the Motor Accidents Claims Tribunal, Visakhapatnam for Rs. 81,400/-.

(2.) The facts as stated in the Original Petition can be briefly narratted as follows:- The Original Petition was filed by the wife, son and parents of the deceased Balu Swamy Naidu alias Thambu, who died in a motor accident, claiming total compensation of Rs. 1,50,000/-. It further appears from record that on 3-8-1986 at about 8-00 a.m. the deceased and his friend by name V. Masi came to Steel Plant approach road and they were waiting at the bus stop. At that time, a private bus bearing Registration No. T.D.S. 9103 which was hired to A.P.S.R.T.C. and plying on Route No. 63-A came there to pick up the passengers. When the deceased was getting into the bus, and his friend Masi was yet to get into the bus, the Driver of the said bus started the bus in a very rash and negligent manner which was most unexpected since many passengers have to get into the bus, as a result of which the deceased could not control himself and slipped and fell under the rear wheel of the bus and died on the spot.

(3.) The petitioners led the oral evidence on the point of accident and also on the point of rash and negligent driving of the vehicle. The Motor Accidents Claims Tribunal held that there was rashness and negligence on the part of the driving of the bus, and therefore, held that the petitioners were entitled to get compensation.