AMMERA BANU Vs. TSRTC

JUDGEMENT

(1.) Aggrieved by the Award passed by the learned Motor Accidents Claims Tribunal -cum-The Court of Chief Judge, City Civil Court, Hyderabad (for short, 'the Tribunal') in M.V.O.P.No.88 of 2015, dtd. 15/9/2017, M.A.C.M.A.No.347 of 2018 is filed by the Appellants/claim petitioners seeking enhancement of compensation amount and the respondents/RTC in the said M.V.O.P. preferred M.A.C.M.A.No.517 of 2018 seeking to set-aside the Award passed by the learned Tribunal. Since both the appeals arise out of the common Award passed in M.V.O.P.No.88 of 2015, dtd. 15/9/2017, 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 learned Tribunal.

(3.) The brief facts of the case are that initially, petitioners filed a petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.15,00,000.00 for the death of Late Mohd.Yakub Ali (hereinafter referred as 'the deceased') in a motor vehicle accident that occurred on the intervening night of 01/2/9/2014. It is stated by the petitioners that on the intervening night of 01/2/9/2014, when the deceased was returning to his residence on his bicycle and when reached near Anurag Defence Gate, Santhoshnagar at about 00.30 A.M., at that time, one APSRTC Bus bearing No.AP-11Z-6575 of Bandlaguda Depot came at a high speed from Chandrayanagutta side towards DRDL and dashed the deceased. As a result, the deceased fell down from his bicycle and sustained grievous Head injury and other serious injuries all over the body. Immediately after the accident, the deceased was shifted to Owaisi Hospital for treatment and later to Osmania General Hospital and while undergoing treatment, he succumbed to the injuries on the same day.