MALOTH CHITTEMMA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) M.A.C.M.A.No.1207 of 2015 is preferred by the appellants, who are the claimants before the Tribunal, assailing the order and decree of the Chairman, Motor Accidents Claims Tribunal (V Additional District Judge), Kothagudem made in M.V.O.P. No.517 of 2013 dtd. 23/1/2015 on the ground of inadequacy of compensation.

(2.) M.A.C.M.A. No.1274 of 2015 is preferred by the appellant-Andhra Pradesh State Road Transport Corporation, who is the respondent before the Tribunal, assailing the very same order and decree of the Tribunal on the ground that the impugned Order and decree of the trial Court are contrary to law, evidence on record and illegal and that the compensation awarded by the Tribunal is excessive and exorbitant.

(3.) The claimants filed the M.V.O.P. under Sec. 166 of the Motor Vehicles Act, alleging that on 7/9/2012 the deceased went to Bhupalpally to meet his friend P.Rami Reddy at about 14-00 hours and he took the motorcycle of his friend for dropping to the bus stand on which the deceased and son of his friend were proceeding towards Bhupalpally bus stand and on the way at about 14-15 hours when they reached near Srinivasa Lorry Transport Company, at that time the driver of RTC bus bearing No. AP.28.Z.3231 drove it in a rash and negligent manner at high speed and dashed the motorcycle of the deceased. As a result of which, the rider and pillion rider i.e., deceased and son of his friend, fell down and that the deceased received severe head injury and was shifted to Area Hospital, Bhupalpally where he was given first aid and due to serious condition, he was shifted to Kamineni Hospital, Hyderabad, where he was succumbed to the injuries on 22/9/2012 at 19-30 hours. Therefore, they laid a claim for Rs.40,00,000.00 towards compensation under various heads.