THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY
M.A.C.M.A.No.2554 OF 2017
JUDGMENT:
This appeal is directed against the award dated 15.10.2015 in O.P.No.98 of 2013, on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Ranga Reddy District (for short 'the Tribunal), wherein the said claim application filed by respondent Nos.1 and 2 herein seeking compensation was allowed, awarding Rs.3,65,000/- with interest at 7.5% per annum from the date of petition.
2. Heard learned counsel for the appellant and learned counsel for the respondents. Perused the record.
3. Respondent Nos.1 and 2 herein filed claim application seeking compensation of Rs.3,00,000/- on account of death of the deceased Ramidi Lokesh Reddy in a motor vehicle accident that occurred on 27,10.2012 at about 08:05 a.m. According to the claimants, on that day, when the deceased boy, aged 7 years, was going beside the road near his house on Arkalguda-Podur road, an APSRTC bus bearing No.AP 10 V 6041 proceeding towards Secunderabad side from Podur Village, driven by its driver in a 2 rash and negligent manner dashed the deceased, as a result of which, he sustained multiple injuries and died on the spot. The deceased boy was shifted to Gandhi Hospital, Secunderabad. Police, Medchal registered a case in Cr.No.376 of 2012 against the driver of the RTC bus for the offence punishable under Section 304-A IPC. The deceased was the only male child to the claimants and due to his sudden demise, they are facing lot of financial problems and mental agony.
4. The appellant-APSRTC filed counter opposing the claim and denying their liability to pay the compensation.
5. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the APSRTC bus by its driver. The Tribunal further held that the claimants were entitled for a total compensation of Rs.3,65,000/-. Accordingly, an award was passed for the said amount with interest at 7.5% per annum. Aggrieved by the same, the APSRTC filed the present appeal.
6. The following points arise for determination: 3
(i) whether the accident occurred was due to the rash and negligent driving of the APSRTC bus bearing No.AP 10 V 6041 by its driver?
(ii) whether the award of compensation to respondents is just and reasonable?
POINTS (i) & (ii):
7. A perusal of the evidence adduced by the claimants, both oral and documentary, discloses that the accident occurred due to the rash and negligent driving of the APSRTC bus by its driver, resulting in the deceased boy, aged 7 years, receiving multiple injuries and dying on the spot. Police, Medchal registered a case in Cr.No.376 of 2012 against the driver of the RTC bus for the offence punishable under Section 304-A IPC and filed charge sheet against him.
8. Coming to the award of compensation, the Tribunal, it appears, had taken into consideration the notional income of the deceased boy at Rs.24,000/- per annum and after deducting one- third i.e., Rs.8,000/- (Rs.24,000 x 1/3) towards his personal expenses and by applying the multiplier 15, basing on the age of the mother of the deceased, arrived at the compensation of 4 Rs.2,40,000/- (Rs.16,000/- x 15). The Tribunal by relying on the decision of the Hon'ble Apex Court in VIMAL KANWAR AND OTHERS v. KISHORE DAN AND OTHERS1 had awarded Rs.1 lakh towards loss of consortium and Rs.25,000/- towards funeral expenses. Thus, in all, the claimants were awarded a total compensation of Rs.3,65,000/- (Rs.2,40,000/- + Rs.1,00,000/- + Rs.25,000/-). The award of the Tribunal appears to be just and reasonable and I do not find any justifiable grounds to interfere with the same.
9. In the result, the appeal is dismissed. There shall be no order as to costs.
10. Pending miscellaneous petitions, if any, stand closed.
_______________________ A.SANTHOSH REDDY, J 27.10.2022 Lrkm 1 2013 ACJ 1441