MADISHETTY ROJA RAMANI Vs. S.K. MOHAMMED ALI

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Order and Decree dated 12.06.2006 passed in M.V.O.P.No.60 of 2005 by the Motor Accident Claims Tribunalcum-II Additional District Judge, at Warangal (for short, Tribunal).

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the original petition.

(3.) The brief facts of the case are that petitioner is the wife of the deceased-Madishetty Sammaiah. On 07.04.2004 at about 9.00 p.m. the deceased boarded the RTC bus bearing No.AP 10Z/6869 at Nirmal in order to go to Armur and when the bus reached near Gamjal Village, the Tipper bearing No.AP 02T/6402 came in a rash and negligent manner with a high speed and dashed the bus due to which the deceased and two others died on the spot and some of them sustained injuries and they were shifted to the hospital and later four persons succumbed to the injuries while undergoing treatment. At the time of the accident, the deceased was working as a Lecturer in Sahakara Junior College, Laxmanachanda, Adilabad, and getting a net salary of Rs.6,200/- per month. Due to his sudden demise, the petitioner became destitute. The 1st respondent is the driver, 2nd respondent is the owner, 3rd respondent is the insurer, the 4th respondent is the APSRTC and the 5th respondent is the mother of the deceased and she is not cooperating with the petitioner, as such she was impleaded as the 5th respondent. The accident occurred only due to the rash and negligent driving of the driver of the tipper bearing No.AP02T/6402. Hence, the petitioner filed the claim petition claiming a compensation of Rs.8,40,000/- with interest @ 24% per annum and costs from the date of petition till the date of realization, payable by respondents 1 to 4.