BODAPATI KANAKA RATNABAI Vs. GENERAL MANAGER APSRTC HYDERABAD

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and also the respondents.

(2.) The above five appeals can be disposed of by a common judgment, as these appeals arise out of a common judgment in OP Nos.271, 248, 485, 247 and 486 of 1988 respectively, dated 17-8-1989 on the file of the Chairman (Additional District Judge), Motor Accident Claims Tribunal, Khammam.

(3.) The accident took place on 20-2-1988 when the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation) hired bus bearing No.AEK 4899 reached near Mangapuram Major Canal situated in between Venkatapuram and Gokinapally villages, the bus turned turtle to its right side in a road side ditch as the driver of the bus lost control over the steering of the bus due to its driving in a rash and negligent manner at high speed, as a result of which one passenger by name B. P. Kanaka Ratnam succumbed to the injuries at Government Hospital, Khammam and that Ananthalaxmi, Seetharamamma, Pandu Ranga Murthy and some other passengers who were travelling in the bus received fractures, grievous and multiple injuries all over the body. The police registered a case in Crime No.12 of 1988 against the driver of the Corporation Bus. In those circumstances, the victims-claimants filed claim petition and are allowed based on both oral and documentary evidence on record and awarded compensation as per their entitlement, but fastened the liability on the owner of the vehicle, Insurance Company and the Corporation.