ANDHRA PRADESH R T C Vs. PALLAM VASUDEVA REDDY AND ORS
HIGH COURT OF ANDHRA PRADESH
Andhra Pradesh R T C
Pallam Vasudeva Reddy And Ors
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Radhakrishna Rao, J. -
(1.)This C.M.A. is filed against the order and decree dated: 10.3.1989 passed in M.V .O. P. No. 295/87 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Chittoor.
(2.)The accident occurred on 30.12.1984 at about 9-30 a.m. near Tirupathi. The driver of the bus AAZ 3629 drove the bus in a rash and negligent manner and dashed against the cyclist and the deceased. At the time of the accident, the cyclist and the deceased were proceeding on their extreme left side of the road. "Due to the accident, both the persons fell down and received multiple fatal injuries. They were shifted to the hospital. The deceased died due to injuries at about 2-30 p.m. and the cyclist received grievous injuries. The rash and negligent driving of the driver of the bus is confirmed. The parents of the deceased claimed a sum of Rs. 81,600/- under various heads. Out of that, the learned III Additional District Judge, granted a sum of Rs. 53,000/- under different counts, such as Rs.48,000/- towards loss of estate, Rs. 10,000/- towards pain and suffering and a sum of Rs. 5,000/- towards loss of expectation of life. Being aggrieved with the granting of Rs.53,000/- the A.P.S.R.T.C, filed this C.M.A.
(3.)The learned Standing Counsel for the A.P.S.R.T.C. contended that the rash and negligent act of the driver of the bus cannot be accepted without there being any cogent evidence to that effect. On a perusal of the evidence of the direct witness, it can be said that the accident occurred due to rash and negligent driving of the driver of the bus. The lower Tribunal has rightly came to the conclusion that the rash and negligent act has been proved. In the circumstances, the rash and negligent act is confirmed.
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