Dalveer Bhandari, J. - (1.) Delay condoned. Leave granted.
(2.) The brief facts which are necessary for disposal of this appeal are recapitulated as under: The deceased was an engineering graduate working as a Branch Manager in Fancy Traders Company at Bangalore. He had gone to Velpucharla from Bangalore on the eve of Sankranti festival. On 11.1.1993 at about 11.00 a.m., the deceased, namely, Manam Yasovardhana, along with one Tummala Nageswara Rao had gone to Gannavaram Village on the scooter bearing No. AP-16-D-699. In the evening, they were returning to Velpucharla and when they reached the District Electrical Stores, Vatluru, N.H. 5 road at about 6.30 p.m. while the deceased was driving the scooter on the left side of the road slowly and cautiously, the driver of the APSRTC bus bearing No. AP-Z-1247 drove in a rash and negligent manner without blowing horn and while proceeding towards Eluru hit the scooter from behind, as a result of which the deceased who was driving the scooter died on the spot and the pillion rider Tummala Nageswara Rao fell down and sustained injuries. The accident took place because of rash and negligent driving of the driver - Respondent No. 2, P. Chittirama Raju of the APRRTC bus bearing No. AP-Z- 1247.
(3.) The mother, father and sisters of the deceased filed a joint claim petition, being Original Petition No. 451/1993 under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accidents Claims Tribunal, West Godavari District, Erulu, A.P. The Tribunal, after taking into consideration the pleadings of the parties, framed the following issues: (i) Whether the accident occurred due to rash and negligent driving of the bus driver - 1st Respondent (respondent No. 2 herein) and dashed against the scooter bearing No. AP-16-D-699 being driven by the deceased. (ii) Whether the petitioners (appellants herein) are entitled to claim any compensation If so, to what amount and against which of the respondents ;