Telangana High Court
Rehana Begum, Hyderabad Anr vs Apsrtc, Rep By M.D., Hyderabad Anr on 28 June, 2022
Bench: G Sri Devi
HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1983 of 2014
JUDGMENT:
Being not satisfied with the quantum of compensation
awarded in the order and decree, dated 20.12.2013 passed in
M.V.O.P.No.1688 of 2012 on the file of the Motor Accident
Claims Tribunal-cum-Chief Judge, City Civil Courts, Hyderabad
(for short "the Tribunal), the appellants/claimants preferred
the present appeal seeking enhancement of the compensation.
2. For the sake of convenience, the parties will hereinafter
be referred to as arrayed before the Tribunal.
3. Brief facts of the case are that the claimants are the
parents of one Kum. Habeeba Begum (hereinafter referred to as
"the deceased"). It is the case of the claimants that on
29.04.2012 while the deceased stand infront of the house of her
relative situated on the side of the main road of Vikarabad-
Sadashivapet, one R.T.C. bus bearing No.AP 28 Z 3919 driven by
its driver in a rash and negligent manner at highspeed and
dashed the deceased, due to which the deceased sustained
injuries. Immediately, the deceased was shifted to Sangareddy
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Hospital and from there she was shifted to Yashoda Hospital and
where she succumbed to injuries. On a complaint, a case in
Crime No.47 of 2012 has been registered against the driver of
the R.T.C. bus. The deceased is the daughter of the claimants
and therefore, the claimants filed the aforesaid O.P.
4. Before the Tribunal, the respondents filed counter
denying the mode and manner in which the accident took place.
It is also contended that there was no negligence on the part of
the driver of the crime vehicle and the compensation claimed is
highly excessive and prayed to dismiss the claim-petition.
5. Basing on the above pleadings, the Tribunal framed the
following issues:
1) Whether the pleaded accident had occurred resulting
in the death of the deceased, Kumari Habeeba Begum,
due to the rash and negligent driving of the motor
vehicle (RTC bus bearing No.AP 28 Z 3919) by its
driver?
2) Whether the petitioners are entitled for any
compensation and, if so, at what quantum and what is
the liability of the respondents?
3) To what relief?
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6. 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.
7. After analyzing the evidence available on record, the
Tribunal awarded a compensation of Rs.3,39,000/- with interest
@ 7.5% per annum from the date of petition till the date of
realization to be paid by the respondents 1 and 2 jointly and
severally. Aggrieved by the same, the present appeal has been
filed by the claimants.
8. Learned counsel for the appellants would submit that in
view of the law laid down by the Apex Court in various
decisions, the claimants are entitled for a compensation of
Rs.5,00,000/-. Hence, he prayed to enhance the compensation
awarded by the Tribunal.
9. There is no dispute with regard to the accident in
question and involvement of the offending vehicle. The
negligence on the part of the driver of the said vehicle is also
not disputed.
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10. Admittedly, the deceased was a student aged about 16
years at the time of accident. In Kishan Gopal and another v.
Lala and others1 the Apex Court having considered the grant of
compensation in similar circumstances, has awarded an amount
of Rs.5,00,000/- for the death of a 10 year old boy. Recently, in
Kurvan Ansari Alias Kurvan Ali v. Shyam Kishore Murmu2 the
Apex Court has awarded an amount of Rs.4,70,000/- by fixing
the notional income of the deceased boy, who was aged about
10 years, at Rs.25,000/- and multiplied by '15'.
11. In the instant case, the deceased was a student aged
about 16 years at the time of the accident. In view of the
decision of the Apex Court in Kurvan Ansari Alias Kurvan Ali v.
Shyam Kishore Murmu (2 supra) and having regard to the facts
and circumstances of the case, I deem it just and proper to
award a compensation of Rs.4,70,000/- to the claimants.
12. Accordingly, the M.A.C.M.A. is allowed in part and the
compensation amount awarded by the Tribunal is hereby
enhanced from Rs.3,39,000/- to Rs.4,70,000/-. The enhanced
amount shall carry interest at 7.5% p.a. from the date of order
(2014) 1 SCC 244
Civil Appeal No.6902/2021 (SC)
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passed by the Tribunal till the date of realization. The
respondents shall deposit the entire amount, within a period of
six weeks from the date of receipt of a copy of this judgment.
The enhanced amount shall be apportioned in the manner as
ordered by the Tribunal. The claimants shall be permitted to
withdraw their respective share amounts without furnishing any
security. There shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
__________________
JUSTICE G. SRI DEVI
28.06.2022
gkv
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