Smt. Satla Bhojavva, Nizamabad ... vs Telangana State Road Transport ...
2023 Latest Caselaw 1006 Tel

        HON'BLE SMT. JUSTICE M.G.PRIYADARSINI

                    M.A.C.M.A. No.1133 of 2017

JUDGMENT :

Not being satisfied with the quantum of compensation awarded

by the Chairman, Motor Accident Claims Tribunal-cum-District

Judge, Nizamabad in M.V.O.P. No.495 of 2013, dated 25.11.2016, the

present appeal is filed by the claimants seeking enhancement of

compensation granted by the Tribunal.

2. According to the petitioners, on 15.2.2013 while the deceased

Satla Bhumanna was boarding RTC bus bearing No. AP.28.Z.3395, in

the meantime, the bus driver driven it in rash and negligent manner

without observing the deceased, as a result of which, the deceased fell

down from the bus and came under the rear wheels of the bus, which

ran over him. Immediately he was shifted to Government Hospital,

Bhainsa and from there he was shifted to Shashank Hospital,

Nizamabad, wherein he succumbed to injuries on 16.2.2013 at 04-00

hours while undergoing treatment. Police, Bhainsa registered a case

in crime No.29 of 2013 and after investigation laid charge sheet

against the bus driver under Section 304-A of Indian Penal Code.

According to the petitioners, the deceased was doing agriculture and

MGP, J MACMA.No.1133 of 2017

as a washer man earning Rs.15,000/- per month. Thus the petitioners

claimed compensation of Rs.10,00,000/- under various heads against

the respondent-Corporation.

3. Respondent-Corporation filed counter disputing the manner of

accident, age, avocation and income of the deceased. It is further

contended that the compensation claimed by the petitioners is

excessive and therefore, prays to dismiss the petition.

4. In order to prove their case, PWs.1 and 2 were examined and

Exs.A1 to A4 were marked. On behalf of the respondent-Corporation,

RW-1 was examined and no document was marked.

5. The Tribunal on considering the oral and documentary evidence

available on record, partly allowed the O.P., awarding a total

compensation of Rs.6,11,800/- along with proportionate costs and

interest @ 7.5% per annum from the date of petition till deposit or

realization against the respondent-Corporation.

6. Heard the learned counsel for the appellants and the learned

Standing Counsel for the respondent-Corporation. Perused the

material available on record.

MGP, J MACMA.No.1133 of 2017

7. The main contention of the learned counsel for the

appellants/claimants is that though the claimants by examining PWs.1

and 2 and Exs.A1 to A4 proved the accident and also the cause of

death of the deceased, the tribunal has awarded meager amount. It is

further contended that the deceased was earning Rs.15,000/- per

month but the tribunal has taken the income of the deceased at

Rs.3,000/- per month and therefore, prayed to allow the appeal.

8. On the other hand, the learned Standing Counsel for the

respondent-Corporation submitted that the tribunal after considering

all the aspects has awarded reasonable amount and the same needs no

interference by this Court.

9. With regard to the manner of accident, the tribunal has framed

issue No.1 as, "Whether Satla Bhumanna died due to rash and

negligent driving of APSRTC bus No.AP.28.Z.3395" and settled the

issue in favour of the petitioners by stating that the accident occurred

only due to the rash and negligent driving of the driver of the RTC

bus. Therefore, I see no reason to interfere with the finding of the

tribunal in this aspect.

MGP, J MACMA.No.1133 of 2017

10. Coming to the quantum of compensation, though the petitioners

contended that at the time of accident, the deceased was aged 41 years

and used to earn Rs.15,000/- per month by doing agriculture and

business, as there is no document filed to prove the same, the tribunal

has taken the income of the deceased at Rs.3,000/- per month, which

is very less. Therefore, considering the age, avocation of the deceased

and the accident is of the year 2013, the income of the deceased can

be taken at Rs.5,000/- per month. Further in light of the principles

laid down by the Apex Court in National Insurance Company

Limited Vs. Pranay Sethi and others1, the claimants are entitled to

future prospects @ 25 of his income, since the deceased was aged 41

years. Then it comes to Rs.6,250/- (5,000+ 1,250 = 6,250/-). From

this, 1/4th of the income is to be deducted towards personal expenses

of the deceased following Sarla Verma v. Delhi Transport

Corporation2 since the deceased left as many as four persons as the

dependants. After deducting 1/4th of the amount towards his personal

and living expenses, the contribution of the deceased to the family

would be Rs.4,687/- (6,250 - 1,562 = 4,687/-) per month. Since the

2017 ACJ 2700

2009 ACJ 1298 (SC)

MGP, J MACMA.No.1133 of 2017

deceased was 41 years by the time of the accident, the appropriate

multiplier is '14' as per the decision reported in Sarla Verma v. Delhi

Transport Corporation (supra). Adopting multiplier '14, the total

loss of dependency would be Rs.4,687/- x 12 x 14 = Rs.7,87,416/-. In

addition thereto, the claimants are also entitled to Rs.77,000/- under

the conventional heads as per Pranay Sethi's (supra). Petitioner No.3

who is minor son of the deceased is entitled for parental consortium at

Rs.40,000/- as per the Magma General Insurance Company

Limited vs. Nanu Ram Alias Chuhru Ram3. Thus, in all the

claimants are entitled to Rs.9,04,416/-.

11. In the result, the appeal is partly allowed and the compensation

awarded by the tribunal is reduced from Rs.6,11,800/- to

Rs.9,04,416/- with interest at 7.5% per annum from the date of

petition till the date of realization against the respondent-Corporation.

The compensation amount shall be apportioned in the ratio as ordered

by the tribunal. The amount shall be deposited within a period of one

month from the date of receipt of a copy of this order. On such

deposit, the claimants are entitled to withdraw the amount. There

shall be no order as to costs.

2018 Law Suit (SC) 904

MGP, J MACMA.No.1133 of 2017

Pending miscellaneous applications, if any, shall stand closed.

_______________________________ JUSTICE M.G.PRIYADARSINI

01.03.2023

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