APSRTC Vs. VEERABOINA SAILU

JUDGEMENT

(1.) This appeal arises out of the Order dated 26.10.2006 passed in MVOP.No.373 of 2003 by the Chairman, Accidents Claims Tribunalcum- I Additional Chief Judge, City Civil Court, Secunderabad (for short, 'the Tribunal'). The appellant-APSRTC is the respondent in the claim petition. The petitioners filed the claim petition under Sec. 166 of the Motor Vehicles Act, claiming compensation of Rs. 3,00,000.00 on account of the death of Veeraboina Narsamma, aged 33 years, in a motor vehicle accident that took place on 28.10.2003, at 3:15 PM, on the outskirts of Turkapally village, on Rajiv Rahadari.

(2.) Brief facts of the case are that, on the fateful day, while the deceased was engaged in the business of selling custard apples alongside the road on the outskirts of Turkapally village, on Rajiv Rahadari, near Warner Chemical Factory, an RTC bus bearing No.AP-10Z-7780 of Jagtial Depot, driven by its driver in a rash and negligent manner, dashed the deceased, resulting in the instantaneous death of the deceased due to bleeding injuries all over the body. P.S. Mulugu, Medak District, registered a case against the driver of the offending bus in Crime No.54 of 2003 for the offence under Sec. 304-A IPC.

(3.) The Tribunal, on consideration of the evidence of witnesses PWs.1 and 2, and the documents Exs.A1 to A5, has awarded compensation of Rs. 3,00,000.00 with interest at 7.5% per annum to the petitioners-claimants. Aggrieved by the award passed by the Tribunal, the APSRTC has preferred this appeal.