SMT. V. PENTAMMA Vs. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) This appeal, preferred under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), is directed against the judgment and decree dtd. 21/10/2005 passed in O.P.No.456 of 2002 (hereinafter referred to as 'the impugned judgment ') by the learned Chairman, Motor Vehicle Accident Claims Tribunal-cum-XXI Additional Chief Judge-cum-VII Metropolitan Sessions Judge, Red Hills, Nampally, Hyderabad (hereinafter referred to as 'the learned Tribunal') seeking enhancement of compensation awarded by the learned Tribunal.

(2.) For the sake of convenience, the parties are hereinafter referred to as per their status before the learned Tribunal.

(3.) The case of the claimants, as borne out from the record, is that the claimants being wife, children and aged parents of one V. Rajaiah (hereinafter referred to as 'the deceased ') filed claim petition under Sec. 166 of the Motor Vehicles Act alleging that on 26/2/2002, at about 20:30 hours, while the deceased was proceeding on a bicycle from Durgam Cheruvu towards N.B.T. Kaman, near the house of H.T. Hussain, an RTC bus bearing registration No. AP-10Z-6428 (hereinafter referred to as "the offending vehicle ") being driven by its driver in a rash and negligent manner, hit the deceased from behind. As a result, the deceased sustained injury to the left side of his head and was shifted to Apollo Hospital, Jubilee hills and thereafter to Osmania General Hospital, Hyderabad, wherein the deceased succumbed to his injuries on 28/2/2002.