M/S.Ap State Road Transport ... vs V.Solaiamma 6 Ors
2022 Latest Caselaw 890 Tel

               THE HON'BLE JUSTICE G. SRI DEVI

                  M.A.C.M.A. No.694 of 2008

JUDGMENT:

This appeal is preferred by the Road Transport

Corporation, questioning the order and decree, dated

12.07.2006 passed in M.V.O.P.No.342 of 2004 on the file of the

Chairman, Accidents Claims Tribunal-cum-I Additional Chief

Judge, City Civil Court, Secunderabad (for short, the Tribunal).

For the sake of convenience, the parties have been

referred to as arrayed before the Tribunal.

The claimants filed a petition under Sections 163-A and

166 of the Motor Vehicles Act claiming compensation of

Rs.4,00,000/- for the death of the deceased A. Vathan, who

died in a motor vehicle accident. It is stated that on 02.10.2004

at about 4.10 P.M., while the deceased was proceeding on foot

from Chintal towards his residence at Vajpai Nagar and when he

reached near Chintal Bus Stand, one RTC bus bearing No.AP 10 Z

3946 driven by its driver in a rash and negligent manner with

high speed on the wrong side of the road and dashed the

deceased, as a result of which, the deceased died on the spot.

GSD, J Macma_644_2008

Basing on a complaint, a case in Crime No.509 of 2004 has been

registered against the driver of the R.T.C. bus.

The claimants filed aforesaid O.P. against the respondent being

the owner of the RTC bus.

Before the Tribunal, the respondent filed counter denying

the averments of the claim petition including the age, avocation

and income of the deceased and contended that the amount

claimed is excessive and prayed to dismiss the claim petition.

During trial, on behalf of the claimants, P.Ws.1 and 2

were examined and Exs.A1 to A7 were marked. On behalf of the

respondents, neither oral nor documentary evidence was

adduced.

After considering the oral and documentary evidence on

record, the Tribunal came to the conclusion that the accident

occurred due to the rash and negligent driving of driver of the

RTC bus and awarded total compensation of Rs.2,50,000/- with

interest @ 7.5% per annum. Aggrieved by the said order, the

Road Transport Corporation filed the present appeal.

GSD, J Macma_644_2008

Heard both sides and perused the record.

A perusal of the order reveals that the Tribunal passed a

well considered order and after taking into consideration all the

aspects, the Tribunal awarded an amount of Rs.2,50,000/- with

interest @ 7.5% per annum. Further, while answering issue

No.1, the Tribunal has categorically observed that the accident

has occurred due to the rash and negligent driving of the driver

of the RTC bus. With regard to quantum of compensation, in

the light of the decided case laws of the Apex Court, under the

heads of conventional charges and future prospects, the

claimants are entitled for more compensation. Since this is an

appeal filed by the R.T.C. and in the absence of cross appeal or

cross-objections filed by the claimants, this Court is not inclined

to go into the other issues and this Court finds that the

compensation awarded by the Tribunal is just and reasonable.

Therefore, I see no reason to interfere with the order of the

Tribunal and the appeal is liable to be dismissed.

GSD, J Macma_644_2008

Accordingly, the M.A.C.M.A. is dismissed confirming the

award and decree passed by the Tribunal. There shall be no

order as to costs.

Miscellaneous petitions, if any, pending shall stand closed.

__________________ JUSTICE G. SRI DEVI 24.02.2022 gkv