A.P.S.R.T.C., Hyderabad vs Nijanapuram Laxmi, Karimnagar ...
2022 Latest Caselaw 2856 Tel

                THE HON'BLE JUSTICE G. SRI DEVI

                    M.A.C.M.A. No.816 of 2015

JUDGMENT:

This appeal is preferred by the Road Transport

Corporation, questioning the award and decree, dated

16.05.2014 passed in M.V.O.P.No.679 of 2012 on the file of the

Chairman, Motor Vehicle Accident Claims Tribunal-cum-Principal

District Judge, Karimnagar (for short, the Tribunal).

2. For the sake of convenience, the parties hereinafter have

been referred to as arrayed before the Tribunal.

3. The claimants filed a petition under Section 166 of the

Motor Vehicles Act claiming compensation of Rs.12,00,000/-

against the respondent for the death of the deceased

Nijanapuram Naveen @ Naveen Kumar, who died in a motor

vehicle accident. It is stated that on 05.03.2012 the deceased

and his friend Mekala Kishore were proceeding on their Motor

cycle and when they reached Shalapalli cross road, one R.T.C.

bus bearing No.AP 28 Z 5745 driven by the 1st respondent in a

rash and negligent manner and dashed the motor cycle of the

deceased, due to which, the deceased sustained grievous

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injuries and died on the spot. The Police, Ramagundam Traffic,

registered a case in Crime No.24 of 2012 against the 1st

respondent. Considering the claim and the counters filed by the

respondents, and on evaluation of the evidence, both oral and

documentary, the learned Tribunal has partly allowed the O.P.

and awarded compensation of Rs.9,93,000/- with 7.5% interest

per annum. Challenging the same, the present appeal has been

filed by the R.T.C.

4. Heard both sides and perused the record.

5. The finding of the Tribunal with regard to the manner in

which the accident took place has become final as the same is

not challenged by either of the respondents.

6. Insofar as the quantum of compensation is concerned, a

perusal of the material available on record would show that

according to the claimants, the deceased was aged about 21

years at the time of the accident and earning Rs.8,513/- per

month as he was working as Attender in Kapil Chit Funds Private

Limited. After considering the age and avocation of the

deceased, the Tribunal has rightly taken the income of the

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deceased at Rs.8,500/- per month and that the Tribunal has

rightly awarded Rs.9,93,000/- together with interest.

Therefore, the findings of the learned Tribunal in awarding the

compensation of Rs.9,93,000/- needs no interference by this

Court.

7. The M.A.C.M.A. fails and the same is accordingly

dismissed. No order as to costs.

Miscellaneous petitions, if any pending, shall stand closed.

__________________ JUSTICE G. SRI DEVI 16.06.2022 gkv