SMT. K.VIJAYALAKSHMI Vs. APSRTC

JUDGEMENT

(1.) The appellants - claimants, dissatisfied with the granting of compensation of Rs. 4,00,000.00 for the death of their son namely Avinash, in OP No.66 of 1999, on 04.08.2010, by the Chairman, Motor Accidents Claims Tribunal-cum-IX Additional Chief Judge (FTC), City Civil Court, Hyderabad, (for short "the Tribunal"), as against the claim of Rs. 6,00,000.00, under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act'), preferred the present appeal.

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the Original Petition.

(3.) The facts, in brief, are that the 1st petitioner is the mother and the 2nd petitioner is the father of the deceased Avinash; on 01.07.2006 at about 5.30 PM the deceased was proceeding on a Motor Cycle bearing registration No. AP 29 Rs.243, as a rider, along with a pillion rider from Yadagirigutta towards Hyderabad side and when he reached the outskirts of Rayagiri village, APSRTC bus bearing registration No. AP 10 Z 6233 of Yadagirigutta Depot came in opposite direction at high speed in a rash and negligent manner and dashed the motor cycle due to which the deceased sustained injuries on his head and body; he was immediately shifted to Government Area Hospital, Bhuvangiri, where he was declared dead; Bhuvangiri Police registered a case in Crime No.112 of 2006 under Sec. 304-A Penal Code against the driver of the APSRTC bus; at the time of accident the deceased was aged about 22 years and was working as Sales Executive in BHNL Financial Services, HDFC Bank, at Hyderabad and drawing monthly salary of Rs. 6,000.00; due to sudden death of their only son at an young age, the petitioners lost dependency, hence they sought compensation from the respondents 1 and 2 - APSRTC.