APSRTC Vs. Y.LALITHA

JUDGEMENT

(1.) Aggrieved by the order dtd. 29/3/2012 passed in O.P No.663 of 2010, on the file of the Court of I Additional Metropolitan Sessions Judge-cum-XV Additional Chief Judge, Hyderabad, the respondents/RTC in the said O.P. preferred M.A.C.M.A.1679 of 2012 seeking to allow the Appeal by setting aside the order of the Trial Court. Also, having not satisfied with the compensation granted by the Trial Court, the claimants in O.P. preferred Cross-Objections No.32924 of 2012 (I.A.No.5 of 2012) seeking enhancement of compensation. Since both the cases arise out of the common order passed by the Trial Court, they have been dealt with together and being disposed of by way of this common judgment.

(2.) For the sake of convenience, the parties hereinafter be referred as they were arrayed before the Trial Court.

(3.) The facts of the case in nutshell are that the petitioners, who are the parents, younger sister and younger brother of Late Mr.Y.Bhanu Prakash (hereinafter referred to as 'the deceased') filed a petition under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.10,00,000.00 for the death of the deceased in a motor vehicle accident that occurred on 15/5/2009. It is stated by the petitioners that on 15/5/2009, at about 2.30 P.M, when the deceased was proceeding on his Honda Activa bearing No.AP-10-AN-4099 from Seethaphal Mandi to Warasiguda and when reached near House No.12-11- 165, Namalagundu, at that time, one RTC bus bearing No.AP9Z-8058 which was driven by its driver in a rash and negligent manner came at a high speed and dashed against the motorcycle of the deceased from backside, due to which, the deceased fell down and the right rear tyres of the said Bus ran over the head of the deceased and he died on the spot.