LAWS(TLNG)-2019-1-27

ALLE BHUMANNA Vs. MANAGING DIRECTOR

Decided On January 04, 2019
Alle Bhumanna Appellant
V/S
MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) Both the appeals arise out of the order and decree dated 22-06-2010 passed by the Motor Accidents Claims Tribunal, Nizamabad in O.P.No.654 of 2009, wherein and whereby, the Tribunal awarded an amount of Rs.4,84,000/- as against the claim of Rs.8,00,000/-, on account of the death of the son of the claimants in the motor accident.

(2.) Ma.Cma.No.1326 of 2010 is filed by the claimants seeking enhancement of compensation, and MA.CMA.NO.1603 of 2010 is filed by the Andhra Pradesh State Road Transport Corporation, (for short 'the Corporation'), questioning the quantum of compensation and further contending that the Tribunal has not taken into consideration the contributory negligence on the part of the deceased.

(3.) The claimants are the parents of the deceased. Their case is that the deceased - Alle Tirumal, was studying first year engineering in Nexus Engineering College. On 02-12-2008 at about 10-20 a.m., the deceased, with a view to go to his college located on Nagarjunasagar State High Way, Yacharam limits, got down from city bus and while crossing the road, at the same time, the bus of the Corporation bearing No. AP 28/Z 896, which was going towards Podili from Hyderabad, dashed the deceased, due to which he sustained grievous injuries and died on the spot. The case of the claimants is that the accident occurred due to the rash and negligent driving of the driver of the bus in high speed.