P SATYANRAYANA Vs. KESARI MANEVVA

JUDGEMENT

(1.) SINCE common questions of fact and law arise in these two proceedings, they are being disposed of by a common order.

(2.) CMA No. 2580 of 2004 arises out of a claim petition filed under Section 166 of the motor Vehicles Act, 1988 (for short 'the Act'), by the mother of Kesari Ganesh (the deceased), aged about 11/2 years, in connection with the death of the deceased on 29-4-2002 at 7. 45 p. m. due to the rash and negligent driving of the driver of a bus belonging to the appellant and insured with the National Insurance Company (insurer)and hired to the Andhra Pradesh State Road transport Corporation (APSRTC), during the subsistence of lease of APSRTC. Appellant and the driver of the bus chose to remain ex parte before the Tribunal. Both the insurer and the APSRTC filed counters inter alia contending that they are not liable to pay the compensation payable to the claimant. In support of her case, the claimant examined herself as P. W. 1 and another witness as P. W. 2 and marked Exs. A. 1 to A. 4. The insurer did not adduce any oral evidence but marked a copy of the policy issued by it as ex. B. 1. No evidence either oral or documentary was adduced by the APSRTC. The tribunal held that the accident occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant and that the claimant is entitled to Rs. 60,000/-as compensation from the appellant and the apsrtc only but not the insurer is liable to pay the compensation payable to the claimant. Aggrieved by the Tribunal exonerating the insurer from the liability the owner of the bus preferred this appeal.

(3.) W. P. No. 5933 of 2007 is filed by the owner of the bus against the action of the apsrtc in withholding the amounts of rent payable by it to him on the ground that the claimant had obtained a decree against it on the basis of the agreement entered into by it with the owner of the bus that the owner only is liable to pay the compensation to the victims in case the bus involves in an accident, on the ground that the said condition in the agreement entered into by him with apsrtc is against public policy.