Heard The Learned Counsel For The vs Unknown
2022 Latest Caselaw 3279 AP

            HON'BLE SRI JUSTICE B.KRISHNA MOHAN

                  M.A.C.M.A.No.570 OF 2017

JUDGMENT :

Heard the learned counsel for the appellant and the learned

counsel for the respondents/claimants.

2. The present appeal arises against the order in M.V.O.P.No.88

of 2014 on the file of Motor Vehicles Accidents Claims Tribunal-

Cum-III-Additional District Judge, Bhimavaram, dated 04.12.2015

granting compensation for a sum of Rs.8,55,000/-.

3. The appellant herein is the 2nd respondent in the M.V.O.P.

before the Tribunal below and the respondents No.1 to 4 are the

claimants in the M.V.O.P. before the Tribunal below. The

respondent No.5 is the respondent No.1 in the M.V.O.P. before the

Tribunal below.

4. The respondents No.1 to 4/claimants filed the above said

M.V.O.P. No.88 of 2014 before the Tribunal below claiming

compensation for a sum of Rs.35,00,000/- under Section 166 of the

Motor Vehicles Act read with Rule 455 of Motor Vehicle Rules for

the death of the husband of the 1st respondent/1st claimant. The

respondents No.2 to 4/claimants No.2 to 4 are the children of the

deceased.

5. The grievance of the respondents/claimants is that on

29.12.2013 the deceased went to his fields for agricultural

operations on a motorcycle bearing No. AP 37 BF 5744 from China

Golla Palem. By the time, he reached Barrivanipet at about 07:15

AM, the driver of A.P.S.R.T.C. Bus bearing No. AP 11 Z 1929 drove

the vehicle in a rash and negligent manner without blowing the

horn coming from Matlam to Bhimavaram side dashed the

motorcyclist. As a result of which, the deceased sustained severe

head injury at the back portion and died because of the same.

A case was registered in crime No.132 of 2013 under Section 304-A

of IPC by Bhimavaram Rural Police Station. The claimants filed the

above said O.P., for compensation under the provisions of Motor

Vehicles Act and Rules against the driver and A.P.S.R.T.C. bus

corporation.

While considering the matter on merits, the Tribunal

examined PWs.1 and 2 for the petitioners and on behalf of the

respondent/A.P.S.R.T.C., RW1 and RW2 were examined. For the

petitioners/claimants Exs. A1 to A9 were marked and on behalf of

the respondents/A.P.S.R.T.C., Exs.X1 and X2 were marked.

6. The counsel for the respondents/claimants submits that

though the deceased age was 34 years, the Tribunal has taken into

consideration the age of the deceased as '41' years and though the

salary certificate of Rs.25,000/- per month is furnished, the

income of the deceased was taken into consideration as Rs.5,000/-

per month only.

7. On the other hand, the learned counsel for the

appellant/standing counsel submits that in respect of the future

earnings, the Tribunal awarded on higher side by awarding a sum

of Rs.3,00,000/- and Rs.10,000/- towards loss of love and

affection. The Tribunal ought to have seen that the employer of

the deceased was not examined.

8. Be that as it may, the material on record discloses that the

monthly income of the deceased was calculated at Rs.5,000/- per

month and accordingly the annual income of the deceased was

determined as Rs.60,000/- and upon deductions while taking the

age of the deceased as '41' years as per Sarala Varma's case, the

multiplier applied was '13'. Accordingly the Tribunal granted

compensation of Rs.8,55,000/- with interest at 7.5% per annum.

9. In view of the above, this Court does not see any reason to

interfere with the order of the Tribunal below as it is not excessive

under any head while determining the compensation.

Accordingly, the appeal is dismissed. No costs. The appellant is

directed to comply with the order of the Tribunal below and on

deposit of the full amount as directed by the Tribunal below the

claimants are entitled to withdraw the same in terms of the order

of the Tribunal below without furnishing any security.

Interim order of stay, if any, is deemed to have been

vacated.

As a sequel, miscellaneous petitions, if any, pending in this

case, shall stand closed.

_________________________ JUSTICE B. KRISHNA MOHAN Dt.04-07-2022 Yvk