B RAMULAMMA Vs. VANKATESH BUS UNION LINGARAJAPURAM BANGLORE

JUDGEMENT

(1.) SINCE both the appeals arise out of the same accident and common order, dated 5. 1. 2004 in OP Nos. 595 and 300 of 2006 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Mahabubnagar, respectively, they are being disposed of by this common Judgment.

(2.) FOR the sake of convenience, the parties will be referred to as they are arrayed in the Tribunal. Sixteen students including both the deceased were proceeding on eight motor cycles on a holiday trip. The deceased g. Prashanth Reddy and B. Ravi Kumar, both aged about 21 years, were proceeding on a motor cycle bearing No. AJP 04/6504 on 1. 5. 1995 from Tumkur, Karnataka State, to Kemmanannagundi. The deceased prashanth Reddy was driving the said motor cycle and the deceased Ravi Kumar was the pillion rider. When they reached guddadapalaym gate and proceeding along with the left side of the national highway at about 3. 15 p. m. , the tourist bus bearing No. KA 03/5252, owned by the first respondent and insured with the second respondent, being driven by it's driver, came in a rash and negligent manner at high speed from opposite direction and dashed against the motor cycle of the deceased. As a result of which the motor cycle of the deceased was dragged to a distance of 75 feet on the road and both the deceased sustained serious injuries and the deceased Ravi Kumar died on the spot and the deceased Prashanth Reddy died on the way to the hospital at Gubbi. The bus driver did not stop the bus at the place of accident. PW-4, G. Vijayabhaskar reddy, who was following the deceased on another motor cycle, lodged a report to the police at Tiptur. The police, after completing the investigation, laid the charge-sheet against the driver of the bus.

(3.) THE parents of the deceased prashanth Reddy filed OP No. 300 of 1996 and the mother of the deceased Ravi Kumar filed OP No. 595 of 1996. The Tribunal clubbed both the O. Ps. and disposed of the same through the common order.