Dismissed

B.Balaiah and Another v. Apsrtc, Musheerabad, Hyd.

Telangana HC21 Nov 2014CMA/2781/2004

Case brief

AI extract

What is this about?

The High Court dismissed a civil miscellaneous appeal against an order of the Motor Accidents Claims Tribunal. The Tribunal had dismissed the claimants' petition for compensation regarding a minor's death, finding the deceased was negligent in boarding a running bus. The Court held the Tribunal's finding reasonable since interim no-fault compensation had already been awarded.

What did the court decide?

The Civil Miscellaneous Appeal is dismissed with no order as to costs.

B.Balaiah and Another Vs Apsrtc, Musheerabad, Hyd. — Motor Accident Claims | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL MISCELLANEOUS APPEAL No.2781 of 2004

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JUDGMENT :

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Aggrieved by the order, dated 23.06.2004, in M.V.O.P.No.166 of 2000 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Chittoor (for short, ‘the Tribunal’), the claimants - parents of one B. Jagannadham, whose death occurred in a road accident, preferred the present Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act’).

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The appellants herein are the claimants, while the respondent – Andhra Pradesh State Road Transport Corporation represented by its Managing Director of Musheerabad, Hyderabad, is the respondent in the aforesaid O.P.

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For the sake of convenience, the parties are

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hereinafter referred to as they were arrayed before the Tribunal in the O.P.

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The facts are not in dispute, particularly, the factum that the son of the petitioners passed away on 16.03.2000 in the process of boarding the A.P.S.R.T.C bus bearing registration No.AP 09 Z 5241 at Vavilthota cross roads. The Tribunal, on perusing the evidence adduced before it, had categorically found that there was no negligence on the part of the driver of the bus and did not believe the evidence adduced on behalf of the petitioners,

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particularly, the evidence of PW.2 – complainant and, thus, gave a finding that PW.2 had no chance to witness the exact occurrence.

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Heard Sri P. Rajagopala Rao, learned counsel for the appellants, and Sri Aravala Rama Rao, learned Standing Counsel for the respondent.

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Perused the order under challenge. The evidence on record discloses that the deceased, who was aged 13 years, tried to board a running bus and, in that process, fell down from the bus and the left rear wheel of the bus ran over him and the accidental death occurred on account of the negligence of the deceased, rather than the rash and negligent act of the driver of the bus. It is also to be noted that the petitioners, probably, having realized that the evidence is against them in all respects and also that there has been no evidence on their behalf to prove that the accident occurred on account of the rash and negligent act of the bus driver, had filed I.A.No.360 of 2000 under Section 140 of the Act before the Court below, claiming compensation of Rs.50,000/ - under no fault liability, and the same was allowed on 09.08.2000. In these circumstances, holding that the order passed in the I.A. holds good, the Tribunal dismissed the O.P. This Court is of the opinion that there being no reasons and material to come to the conclusion otherwise than what has been recorded by the Tribunal, the present appeal is liable to be dismissed.

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Accordingly, the Civil Miscellaneous Appeal is

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dismissed. No order as to costs.

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As a sequel thereto, miscellaneous applications, if any,

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pending shall stand closed.

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______________________ CHALLA KODANDA RAM,J

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21.12.2017 v v

B.Balaiah and Another v. Apsrtc, Musheerabad, Hyd.

Case brief

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B.Balaiah and Another v. Apsrtc, Musheerabad, Hyd.

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