HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
M.A.C.M.A. No. 2822 of 2015
JUDGMENT:
Not being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal-cum-XIII Additional Chief Judge, (Fast Track Court): City Civil Courts, Hyderabad in M.V.O.P. No. 918 of 2013 dated 17.07.2015, the present appeal is filed by the claimants.
2. For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.
3. Appellants are the petitioners in the main petition. According to the petitioners, on 07.11.2012 at about 9:50 a.m. the deceased Md. Imtiyaz was proceeding towards Sainikpuri side from Secunderabad side on his motorcycle bearing No. AP.09.BY.3511 slowly on the extreme left side of the road and when he reached between Military Hospital backside gate and NSG Office, one A.P.S.R.T.C bus bearing No. AP.10.Z.8032 being driven by its driver came from his backside with high speed in a rash and negligent manner and dashed the motorcycle of the deceased, due to which the deceased Md. Imtiyaz fell down on the road and sustained grievous injuries on head and all over the body and died on the spot and the motor cycle of the deceased 2 was completely damaged. According to the petitioners, the deceased was aged 23 years, at the time the accident and was a student pursuing M.Sc. II year from Bhavan's Vivekananda College of Science, Humanities and commerce, Sainikpuri, Secunderabad an affiliated college of Osmania University, Hyderabad and was taking tuition classes to Bi.P.C students and the students preparing for different competitive examinations. Thus, the deceased thereby used to earn a sum of Rs.15,000/- per month and used to contribute the same to his family. Further, by the date of his accident, deceased was working as a Process Associate with ISPACE GLOBAL SERVICES Pvt. Ltd., and was earning Rs. 9,000/-per month. Thus the petitioners are claiming compensation under various heads against the respondent Nos.1 and 2-Andhra Pradesh State Road Transport Corporation represented by its Managing Director and Depot manager, jointly and severally.
4. Respondent No.1 and 2 filed counter disputing the manner in which the accident occurred, age, avocation and income of the deceased. It is further contended that the accident occurred due to the negligence on the part of the deceased and therefore, prayed to dismiss the petition.
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5. In view of the above pleadings, the Tribunal raised the following issues:
1) Whether the pleaded accident had occurred resulting in death of the deceased Md. Imtiyaz Ali, due to the rash and negligent driving of the Motor Vehicle (APSRTC Bus bearing No. AP 10 Z 8032)by its driver?
2) Whether the petitioners are entitled to any compensation and if so, to what quantum and what is the liability of the Respondents?
3) To what relief?
6. In order to prove the issues, on behalf of the petitioners, PWs.1 to 3 were examined and got marked Exs.A-1 to A-19. On behalf of respondents No.1 and 2, no witnesses were examined and no document was marked.
7. Heard the learned counsel for the appellants-claimants and the learned Standing Counsel for the respondent Nos.1 and 2- Andhra Pradesh State Road Transport Corporation. Perused the material available on record.
8. Vide aforesaid order, the Tribunal has awarded an amount of Rs.12,05,000/- towards compensation to the appellants- claimants against the respondents-Corporation, jointly and severally, along with costs and interest @ 7.5% per annum from the date of filing of the petition till realization, as against the claim of Rs.25 lakhs.
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9. The learned counsel for the appellants-claimants has submitted that although the claimants, by way of evidence of P.Ws.1 to 3, and Exs.A.1 to A.19, established the fact that the death of the deceased-Md.Imtiyaz Ali was caused in a motor accident, the Tribunal awarded meager amount.
10. The learned Standing Counsel appearing on behalf of respondents-Corporation sought to sustain the impugned award of the Tribunal contending that considering the learned Tribunal has awarded just and reasonable compensation and the same needs no interference by this Court.
11. Admittedly, there is no dispute with regard to the manner of accident and the involvement of the offending vehicle i.e., RTC bus bearing No.AP 10 Z 8032. However, the Tribunal after evaluating the evidence of PWs.1 and 2 coupled with the documentary evidence available on record, rightly held that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle.
12. With regard to the quantum of compensation is concerned, according to the petitioners, the deceased was aged 23 years, at the time the accident and was a student pursuing M.Sc. II year from Bhavan's Vivekananda College of Science, Humanities and 5 commerce, Sainikpuri, Secunderabad an affiliated college of Osmania University, Hyderabad and was taking tuition classes to Bi.P.C students and the students preparing for different competitive examinations. Thus, the deceased thereby used to earn a sum of Rs.15,000/- per month. In support of their case, PW-3 who is senior college colleague of the deceased was examined and he deposed that the deceased Md.Imtiyaz Ali completed his M.Sc. in Organic Chemistry from Sri Krishna Devaraya University, Ananthapur in April 2008 and he is working For Eli Lilly Company (India) Private Limited, Gurgaon, Haryana since more than three years. Ex.X1 to X3 are filed by him. He joined in the company vide offer cum appointment letter dated 1.5.2010 and he is drawing gross salary of Rs.48,865/- per month. However, as there is no document was filed to prove his income, the Tribunal has rightly taken the income of the deceased at Rs.10,000/- per month but did not consider the future prospectus. In light of the principles laid down by the Apex Court in National Insurance Company Limited Vs. Pranay Sethi and others1, the claimants are also entitled to the future prospects and since the deceased was aged about 23 years at the time of accident, 40% of the income is added towards future prospects. Then it comes to Rs.14,000/- 1
2017 ACJ 2700 6 (Rs.10,000 + 4,000 = 14,000/-). Since the deceased was a bachelor, 50% of his income is to be deducted towards his personal and living expenses. Then the contribution of the deceased would be Rs.7,000/- per month. Since the deceased was aged about 23 years at the time of accident, the appropriate multiplier in light of the judgment of the Apex Court in Sarla Verma v. Delhi Transport Corporation2 would be "18". Then the loss of dependency would be Rs.7,000/- x 12 x 18 =Rs.15,12,000/-. In addition thereto, under the conventional heads, the claimants are granted Rs.33,000/- as per the decision of the Apex Court in Pranay Sethi (supra). Further the petitioners who are parents of the deceased are entitled for Rs.40,000/- each as filial consortium as per Magma General Insurance Company Limited v Nanu Ram alias Chuhru Ram3. Thus, in all, the compensation is enhanced to Rs.16,25,000/- awarded by the Tribunal.
13. With regard to the liability, as stated above, the accident occurred due to the rash and negligent driving of the driver of the offending vehicle i.e., RTC bus. Therefore, the Tribunal rightly held that the respondents-Corporation are jointly and severally liable to pay the compensation to the petitioners. 2 2009 ACJ 1298 (SC) 3 (2018) 18 SCC 130 7
14. In the result, the M.A.C.M.A. is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.12,05,000/- to Rs.16,25,000/-. The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization, to be payable by the respondents jointly and severally. The amount of compensation shall be apportioned among the appellants-claimants in the ratio as ordered by the Tribunal. The amount shall be deposited within a period of one month from the date of receipt of a copy of this order. On such deposit of compensation amount by the respondents, the claimants are at liberty to withdraw the same without furnishing any security. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
_______________________________ JUSTICE M.G.PRIYADARSINI 23.02.2023.
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