MACMA/1722/2016 of THE MANAGING DIRECTOR Vs JYOTHI PERAIAH & 4 OTHERS

1 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.1722 of 2016 JUDGMENT: 1. Heard learned counsel for both sides. 2. The respondent No.2 (The Managing Director, APSRTC) in M.V.O.P.No.244 of 2013 on the file of I Additional District Judge-cum-Motor Accidents Claims Tribunal, Ongole, [‘for short ‘MACT’], filed the present appeal invoking Section 173 of the Motor Vehicles Act 1988, questioning the sustainability of the award and decree dated 26.06.2015 passed therein. 3. Respondents 1 to 4 herein are the claimants and respondent No.5 herein is the driver of APSRTC Bus bearing No. AP 10 Z 7658 [herein after referred as ‘offending vehicle’]. He remained ex parte before the MACT. 4. The parties will be hereinafter referred, as and how they are arrayed before the learned MACT. The case of the claimants, in brief, is that – 5. [i] The 1st claimant is the husband, the 2nd and 3rd claimants are her daughters and 4th claimant is the mother of one Jyothi Marthamma [ [herein after referred to as ‘the deceased’]. On 24.06.2013, the deceased went to attend her employment as labourer in bricks Kiln of Thokala Venkateswarlu and while she 2 was crossing the road near the Kiln between