- (1.) This appeal is directed against the Order dt. 2.7.2003 in O.P.No. 863 of 2002 on the file of the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad.
(2.) Brief facts of the case are that on 15.5.2001 at about 8 p.m. R.Narsimha (hereinafter called as 'the deceased') was crossing the road near Koti bus stop. An RTC bus plying on Route No.115 Uppal to Koti dashed against the deceased. Deceased fell down in serious injuries. The driver of the said bus did not stop the bus. He did not take care to shift the deceased to the hospital. A passenger categorically stated that he witnessed the said accident and told the same to the son of the deceased. After the accident, the deceased was shifted to Osmania General Hospital, Hyderabad and while undergoing treatment, he succumbed to injuries on 22.5.2001. The son of the deceased lodged a complaint at the police station, Sultanbazar and basing on the same, a case in Cr.No. 108 of 2001 was registered on 15.5.2001 against an unknown driver of RTC bus. The dead body of the deceased was subjected to post mortem examination and inquest panchanama was conducted over the dead body of the deceased and the section of law was altered into 304-A IPC from 338 IPC. It is not clear whether RTC authorities basing on Criminal Case records caused enquiries to identify the bus and it's driver with reference to route number, location and time of the accident. It was the prime duty of all the concerned police and RTC officials to identify the bus and its conductor. The appellants who are the legal heirs of the deceased filed O.P. claiming a compensation of Rs. 2.00 lakhs for the death of the deceased in the accident.
(3.) Before the Tribunal, the wife of the deceased was examined as PW.1 and Exs:A.1 to A.3 were marked. The respondents remained ex parte.;