Apsrtc, Rep By Its M.D., Hyderabad ... vs B Kavitha, Nizamabad 2 Others
2022 Latest Caselaw 3110 Tel

               THE HON'BLE JUSTICE G. SRI DEVI

                 M.A.C.M.A. No.2574 of 2015

JUDGMENT:

This appeal is preferred by the Road Transport

Corporation, questioning the order and decree, dated

09.07.2014 passed in O.P.No.547 of 2012 on the file of the

Chairman, Motor Accidents Claims Tribunal (District Judge),

Nizamabad (for short, the Tribunal).

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

been referred to as arrayed before the Tribunal.

3. Brief facts of the case are that the claimants filed a

petition under Section 166 of the Motor Vehicles Act claiming

compensation of Rs.10,00,000/- for the death of the deceased

Bathuraju Ramchander, who died in a motor vehicle accident.

It is stated that on 17.04.2012 the deceased was proceeding on

his Motor Cycle bearing No.AP 28 BQ 3671 from Medak towards

Hyderabad and when he reached at Nallavally Village Shivar,

one R.T.C. bearing No.AP 28 Z 1804 driven by its driver in a rash

and negligent manner at high speed and dashed the motor cycle

and dragged and ran over him, due to which, the deceased

GSD, J Macma_2574_2015

sustained grievous injuries and died on the spot. The claimants

filed aforesaid O.P. against respondent Nos.1 and 2.

4. Before the Tribunal, the respondents filed written

statement 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.

5. Basing on the above pleadings, the following issues have

been framed by the Tribunal.

1. Whether the accident has taken place due to rash and negligent driving of APSRTC bus bearing No.AP 28 Z 1804 by its driver?

2. Whether the petitioners are entitled for compensation? If so, to what amount and against whom?

3. To what relief?

6. During trial, on behalf of the claimants, P.Ws.1 to 3 were

examined and Exs.A1 to A8 were marked. On behalf of the

respondents, neither oral nor documentary evidence was

adduced.

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7. 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.9,45,000/- with

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

Road Transport Corporation filed the present appeal.

8. Heard both sides and perused the record.

9. 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.

10. 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 38

years at the time of the accident and earning Rs.15,000/- per

month and he was eking out his livelihood as auto driver. After

considering the age and avocation of the deceased, the Tribunal

has rightly taken the income of the deceased at Rs.6,000/- per

month and that the Tribunal has rightly awarded Rs.9,45,000/-

GSD, J Macma_2574_2015

together with interest. Therefore, the findings of the learned

Tribunal in awarding the compensation of Rs.9,45,000/- needs

no interference by this Court.

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

order 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 28.06.2022 gkv