Telangana State Road Transport ... vs Banadari Chandramouli
2022 Latest Caselaw 3842 Tel

     HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                    M.A.C.M.A.No.790 of 2018
JUDGMENT :

The appeal is filed by the RTC, aggrieved by the order dated

12.01.2018, in MVOP.No.615 of 2016 on the file of Motor

Accident Claims Tribunal-cum-Principal District Judge, Warangal.

For the sake of convenience, the parties are arrayed as in the OP.

2. The O.P. is filed before the Tribunal under Section 166(1)(c)

of the Motor Vehicles Act, claiming compensation of

Rs.10,00,000/- with costs and interest @18% per annum, for the

death of the deceased, Bandari Ramu. The claimants in the O.P.

are the parents and brother of the deceased.

3. It is the case of the claimants that on 05.05.2016, the

deceased along with his friend, was returning home at

Hanmakonda from Konayamakula on his Hero Honda Passion Plus

motorcycle bearing No.AP-36-Q-5907 and when he reached ZPHS

School, Dharmaram, at about 5.30 p.m., the driver of the RTC bus

bearing No.AP-36-Z-0254 drove it in a rash and negligent manner

at high speed and dashed against the motorcycle of the deceased.

GAC, J MACMA.No.790 of 2018

As a result, the deceased died on the spot. Basing on the

information given to the Police, an FIR was registered in Crime

No.85/2006 for the offences punishable under Sections 304-A and

337 of IPC on the file of Geesugonda Police Station. It is the

further case of claimants that the deceased was a student, aged 19

years and was earning Rs.12,000/- per month on tuitions.

4. A detailed counter was filed by the TSRTC denying the

allegations made in the claim petition, including the manner of

accident, age, income and liability of the RTC to pay

compensation.

5. The Tribunal, after considering the oral and documentary

evidence on record, has come to a conclusion that the petitioners

are entitled for a compensation of Rs.6,78,000/- and also

apportioned the amount between the claimants, who are the parents

and brother of the deceased.

6. Heard learned counsel for both the parties and perused the record.

7. On perusal of the oral and documentary evidence, it is

evident that basing on the ratios/propositions of the Hon'ble Apex

GAC, J MACMA.No.790 of 2018

Court in Smt.Sarla Verma v. Delhi Transport Corporation &

another1, the multiplier '18' has been applied by taking the loss of

income of the deceased as Rs.36,000/- per annum. There is no

error or irregularity in taking the monthly income of the deceased

as Rs.6,000/-, considering the fact that the deceased was studying

in Polytechnic course. Apart from the loss of dependency, the

tribunal has granted Rs.30,000/- towards loss of estate and funeral

expenses. Admittedly, there is no cross appeal or objections in this

matter. As the Tribunal has rightly granted the compensation, the

question of interfering with the orders of the Tribunal does not

arise and the appeal is liable to be dismissed.

8. Accordingly, the appeal is dismissed, confirming the orders

of the Motor Accident Claims Tribunal-cum-Principal District

Judge, Warangal, in MVOP.No.615 of 2016, dated 12.01.2018.

Pending miscellaneous applications, if any, shall stand

closed.

________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 22.07.2022 ajr

(2009) 6 SCC 121