Ts State Road Transport ... vs Ramidi Mohan Reddy Anr
2022 Latest Caselaw 5366 Tel

 THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

                  M.A.C.M.A.No.2554 OF 2017
JUDGMENT:

This appeal is directed against the award dated 15.10.2015 in

O.P.No.98 of 2013, on the file of the Motor Accidents Claims

Tribunal-cum-III Additional District Judge, Ranga Reddy District

(for short 'the Tribunal), wherein the said claim application filed

by respondent Nos.1 and 2 herein seeking compensation was

allowed, awarding Rs.3,65,000/- with interest at 7.5% per annum

from the date of petition.

2. Heard learned counsel for the appellant and learned counsel

for the respondents. Perused the record.

3. Respondent Nos.1 and 2 herein filed claim application

seeking compensation of Rs.3,00,000/- on account of death of the

deceased Ramidi Lokesh Reddy in a motor vehicle accident

that occurred on 27,10.2012 at about 08:05 a.m. According to the

claimants, on that day, when the deceased boy, aged 7 years, was

going beside the road near his house on Arkalguda-Podur road, an

APSRTC bus bearing No.AP 10 V 6041 proceeding towards

Secunderabad side from Podur Village, driven by its driver in a

rash and negligent manner dashed the deceased, as a result

of which, he sustained multiple injuries and died on the spot.

The deceased boy was shifted to Gandhi Hospital, Secunderabad.

Police, Medchal registered a case in Cr.No.376 of 2012 against the

driver of the RTC bus for the offence punishable under Section

304-A IPC. The deceased was the only male child to the claimants

and due to his sudden demise, they are facing lot of financial

problems and mental agony.

4. The appellant-APSRTC filed counter opposing the claim and

denying their liability to pay the compensation.

5. On a consideration of the evidence available on record, the

Tribunal held that the accident occurred due to the rash and

negligent driving of the APSRTC bus by its driver. The Tribunal

further held that the claimants were entitled for a total

compensation of Rs.3,65,000/-. Accordingly, an award was passed

for the said amount with interest at 7.5% per annum. Aggrieved by

the same, the APSRTC filed the present appeal.

6. The following points arise for determination:

(i) whether the accident occurred was due to the rash and negligent driving of the APSRTC bus bearing No.AP 10 V 6041 by its driver?

(ii) whether the award of compensation to respondents is just and reasonable?

POINTS (i) & (ii):

7. A perusal of the evidence adduced by the claimants, both

oral and documentary, discloses that the accident occurred due to

the rash and negligent driving of the APSRTC bus by its driver,

resulting in the deceased boy, aged 7 years, receiving multiple

injuries and dying on the spot. Police, Medchal registered a case in

Cr.No.376 of 2012 against the driver of the RTC bus for the

offence punishable under Section 304-A IPC and filed charge sheet

against him.

8. Coming to the award of compensation, the Tribunal, it

appears, had taken into consideration the notional income of the

deceased boy at Rs.24,000/- per annum and after deducting one-

third i.e., Rs.8,000/- (Rs.24,000 x 1/3) towards his personal

expenses and by applying the multiplier 15, basing on the age of

the mother of the deceased, arrived at the compensation of

Rs.2,40,000/- (Rs.16,000/- x 15). The Tribunal by relying on

the decision of the Hon'ble Apex Court in VIMAL KANWAR

AND OTHERS v. KISHORE DAN AND OTHERS1 had

awarded Rs.1 lakh towards loss of consortium and Rs.25,000/-

towards funeral expenses. Thus, in all, the claimants were

awarded a total compensation of Rs.3,65,000/- (Rs.2,40,000/- +

Rs.1,00,000/- + Rs.25,000/-). The award of the Tribunal appears to

be just and reasonable and I do not find any justifiable grounds to

interfere with the same.

9. In the result, the appeal is dismissed. There shall be no order

as to costs.

10. Pending miscellaneous petitions, if any, stand closed.

_______________________ A.SANTHOSH REDDY, J 27.10.2022 Lrkm

1 2013 ACJ 1441