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MACMA No.966 of 2015
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
M.A.C.M.A.No.966 of 2015
JUDGMENT:
This MACMA is filed by the appellant/respondent RTC under Section 173 of the Motor Vehicles Act, 1988 aggrieved by the order and decree dated 26.08.2013 passed in M.V.O.P.No.119 of 2011 by the Chairman, Motor Accident Claims Tribunal-cum-IX Additional District Judge, Kamareddy (for short "the Tribunal").
2. For the sake of convenience, the parties will be hereinafter referred to as they are arrayed before the Tribunal.
3. The claim petition was filed by the petitioners under Section 166 of Motor Vehicles Act for compensation amount of Rs.5,00,000/- owing to the death of Sharath Kumar (hereinafter referred to as "deceased"), who is son of petitioners No.1 and 2, brother of petitioner No.3 and grandson of petitioners No.4 and 5 in a motor accident.
3.1 Brief facts of the case are that on 05.10.2010, the deceased was travelling in APSRTC Bus bearing No.AP-10-Z-8995 and when the bus was stopped at Guru Raghavendra Colony, and while the deceased was getting down from the bus, the driver of the bus without observing the same, drove it in a rash and negligent 2 RRN,J MACMA No.966 of 2015 manner. As a result, the deceased fell down from the bus, sustained injuries and died on the spot. Hence, the claim petition.
4. The respondent/Transport Corporation filed a counter affidavit alleging that there was no negligent on the part of the driver of the bus, and the deceased himself tried to get down from running bus and fell down, as such, it is not liable to pay the compensation amount to the petitioners. It is further contended that the father of the deceased made an application dt.25.04.2011 to the Depot Manager, Kamareddy Depot, claiming compensation of Rs.1,50,000/- for the death of his son and the respondent paid Rs.1,50,000/- to petitioners No.1 to 3 towards full and final settlement of the compensation amount. Petitioners No.1 to 3 gave an undertaking that they would not file any claim petition against the respondent. Accordingly, prayed to dismiss the petition.
5. To prove the case of the petitioners, they examined PWs.1 to 4 and got marked Exs.A1 to A8. To prove the case of the respondent, RW.1 was examined and got marked Exs.B1 to B6.
6. On consideration of the evidence available on record, the Tribunal partly allowed the claim petition and awarded compensation of Rs.2,44,000/- payable by the respondent/Transport Corporation. Challenging the same, the present appeal is filed by the respondent/Transport Corporation.
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MACMA No.966 of 2015
7. Heard both sides and perused the record.
8. Learned counsel appearing for the respondent/RTC contended that the Tribunal erred in holding that the deceased died due to rash and negligent driving of the RTC bus. Further contended that income proof of the deceased was not filed and the father of the deceased made an application on 25.04.2011 to the Depot Manager, Kamareddy, claiming compensation of Rs.1,50,000/- for the death of deceased and the same was paid towards full and final settlement by the respondent/Transport. Accordingly, prayed to allow the appeal.
9. Learned Counsel appearing for the petitioners also contended that the Tribunal was justified in passing the impugned order which calls for no interference and prayed to dismiss the appeal.
10. This Court having considered the submissions of both parties, is of the considered view that the Tribunal was justified in passing the impugned order as the Tribunal cautiously weighed the evidence on both sides and awarded compensation to the petitioners under various heads, to a tune of Rs.2,44,000/- which is reasonable. In these circumstances, this Court is not inclined to interfere with the order passed by the Tribunal and the MACMA is liable to be dismissed.
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MACMA No.966 of 2015
11. Accordingly, the M.A.C.M.A. is dismissed by confirming the order and decree dated 26.08.2013 passed in M.V.O.P.No.119 of 2011 by the Tribunal. There shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
_____________________________________ NAMAVARAPU RAJESHWAR RAO, J 10th day of March, 2023 PNS