Karnataka high court faults driver for parkingbus on road without lights on
The tribunal had held that the driver of the Andhra Pradesh Road Transport Corporation (APSRTC) bus had contributed 30% to the negligence that caused an accident claiming two lives in 2005.
On June 27 of that year, Bengalureans Doreswamy Reddy, his wife N Jyothi and their son N Prashanth and daughter-in-law Supraja were returning from Tirupati by a car driven by one Rajagopal. Around 8.45pm, when the car reached the Gandlapalli bus stop on the Chittoor–Palamaner road, it hit the parked APSRTC bus from behind. Reddy and Prashanth died. The claimants contended that the bus was negligently parked on the road with parking lights off. It was also alleged that both the car and bus drivers were negligent in causing the accident.
The tribunal awarded a total of Rs 28 lakh in four claim petitions, including Rs 16.8 lakh compensation with regard to the death of Prashanth. The tribunal also held that the driver of the car was negligent to an extent of 70%, and the bus driver 30% in causing the accident.
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APSRTC filed four appeals, challenging the award of Rs 28 lakh compensation for death and injuries caused in the accident, claiming that the driver of the car was solely responsible for the same. On the other hand, Supraja, and Jyothi, challenged the award of Rs 16.8 lakh compensation for Prashanth's death, citing that it was too low as the deceased was young and working as a partner in a construction company.
A division bench comprising Justices KS Mudagal and CM Poonacha noted that the accident occurred at 8.45 pm, and admittedly, the bus was stopped on the left-hand side of the road. "It is further forthcoming that the parking lights of the bus were switched off. The sketch also discloses that the bus was parked on the road and the width of the road was 40 feet," the bench pointed out while rejecting the appeals filed by APSRTC.
Regarding the appeal seeking higher compensation, the bench was of the view that no documents were produced to prove the income of the deceased except the income-tax returns filed after the death of Prashanth. The bench noted that the tribunal was right in assessing the income of the deceased at Rs 12,000 per month.
Placing reliance upon a couple of judgements of the Supreme Court, the bench said that the claimants are entitled to receive Rs 24 lakh together with interest at 6% as against Rs 16.8 lakh awarded by the tribunal in this particular claim petition.
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