APSRTC Vs. REGALLA MADHAVI

JUDGEMENT

(1.) The appeal is arising out of the order dtd. 28/8/2014, in MVOP.No.390 of 2013 on the file of Motor Accident Claims Tribunal-cum-Special Judge for trial of Cases under SCs. and STs. (POA) Act-cum-Additional District Judge, Khammam. For the sake of convenience, the parties are arrayed as in the OP.

(2.) The appeal is filed by the RTC, who is the sole respondent in the O.P. The O.P. is filed before the Tribunal under Sec. 166 of the Motor Vehicles Act, claiming compensation of Rs.12.00 Lakhs with costs and interest @ 18% per annum for the accident occurred on 25/10/2012 resulting in the death of the deceased Regalla Sathish. The petitioners in the O.P. are the wife, children and parents of the deceased. As on the date of filing of the O.P., petitioner Nos.2 and 4 were minors being represented by their natural guardian i.e. the mother. It is the case of the claimants that the deceased was working as a Compounder, earning Rs.8,000.00per month and aged about 29 years at the time of the accident. Apart from that, he was having 2 acres of agricultural land and was earning Rs.1.00 Lakh per annum from the said land and due to the death of the deceased, the petitioners are deprived of their financial assistance, love and affection, care and guidance of the deceased and therefore, they are entitled for the compensation.

(3.) On the date of accident, the deceased along with his friend, was proceeding towards Khammam on his motorcycle bearing No.AP-20-AK-1981 and when they reached near the rice mill turning at Pallegudem, an RTC bus bearing No.AP-29-Z-3151 came in opposite direction and dashed against the motorcycle of the deceased, due to which, the deceased sustained multiple injuries and was shifted to Kinnera hospital and while undergoing treatment, he succumbed to injuries. Therefore, a case was registered against the driver of the RTC bus for the offences under Ss. 304-A and 337 of IPC, vide FIR.No.275 of 2012 on the file of Khammam Rural Police Station.