- (1.) AGGRIEVED by the Order, dated 18.02.2008, passed by the Chairman, Motor Accidents Claims Tribunal cum District and Sessions Judge, (FAC) I Additional District Juddge, West Godavari, Eluru, (for short, the Tribunal), in O.P. No.107 of 2005 maintained by the claimants under Section 166 of the Motor Vehicles Act, 1988 (for short, the Act) for the death of Cheede Subba Rao (hereinafter referred to as the deceased) in a motor accident that occurred on 15.10.2004, due to negligence act of the 1st respondent Andhra Pradesh State Eastern Power Distribution Company Limited, Visakhapatnam (for short, the APSEPDCL) and the 3rd respondent, who is the driver of the 2nd respondent - Andhra Pradesh State Road Transport Corporation (for short, the APSRTC) bus bearing No.AP 10 Z 4320, the bus came in contact with the Stem of Thumma Plant, due to which the electrical live wire head line fell on the bus, as a result of which the deceased was electrocuted and sustained severe burn injuries and died on 18.10.2004 while undergoing treatment at Kakinada, when the claimants claimed compensation of Rs.08,02,000/ -, since the Tribunal awarded Rs.7,16,944/ - against the respondents 1 to 3 jointly and severally, the respondents 1 and 2 to the claim petition filed these two appeals respectively against their liability. The respective contentions in the grounds of appeals are that: a) MACMA (SR) No.43042 of 2008 maintained by the Chairman and Managing Director, APSEPDCL, Visakhapatnam, with the contentions that the Tribunal gravely erred in fixing joint liability, which is contrary to law, despite no negligence on the part of the appellant herein instead of dismissing the claim against the appellant; that the Tribunal should have seen that it is due to heavy rain and whirlwind on 15.11.2004 one big tree had fallen across the road obstruct the passage of power line available on the side of the canal touched the luggage of the bus and there was no negligence of APSEPDCL in maintaining the live wires; that the FIR contents also establishes the same; that the tribunal should seen that the burden is on the claimants to prove negligence without which no compensation they are entitled. Hence, to set aside the award fixing joint liability and exonerate the appellant APSEPDCL. b) MACMA No.2512 of 2008 maintained by the APSRTC represented by its General Manager with the contentions that the Tribunal gravely erred in fixing joint liability against the APSRTC also for non fault of the APSRTC or the driver of the bus for the alleged accident occurred on account of falling of sagged electric live wire on the bus in which the driver of the bus is not responsible for no act of bus driver contributed to the accident and if at all the accident occurred was from improper maintenance of electrical live wire by the APSEPDCL and its subordinates whose duty was to cut and remove the branches of trees which are above the electrical live wire and the Tribunal should have seen that the RTC is no way liable, the claimants no way attempted to twist the facts even; that the Tribunal gravely erred thereby in fixing the liability of RTC. Hence to set aside the joint liability and to exonerate the RTC.
(2.) LEARNED counsel for the respective appellants also as 5th respondent to the respective appeals reiterated their contentionin the course of hearing the appeal.
(3.) RESPONDENT No.6, who is the driver of the bus, in both the appeals did not choose to appear. Hence the appeal is taken as heard on his behalf. Whereas, it is the contention of learned counsel for respondents 1 to 4 of the two appeals (claimants) that the award of the Tribunal is just and for this Court while sitting in appeal there is nothing to interfere and sought for dismissal of the appeals.;