The Telangana State Road ... vs S.Nagamani Alias Laxmi, And Three ...
2023 Latest Caselaw 1054 Tel

          HON'BLE SMT. JUSTICE M.G.PRIYADARSINI

                     M.A.C.M.A. No. 1205 of 2019

JUDGMENT:

This appeal is filed by the Telangana State Road Transport

Corporation aggrieved of the order and decree dated 06.06.2016 in

M.V.O.P.No.750 of 2014 on the file of the Chairman, Motor Accident

Claims Tribunal-cum-Chief Judge, City Civil Courts, Hyderabad.

2. For the sake of convenience, the parties have been referred to as

arrayed before the Tribunal.

3. The brief facts of the case are that the 1st petitioner is wife,

petitioners 2 to 4 are the daughters of the deceased Nageshwar Rao. On

30.12.2013 the deceased and one Saleem were proceeding on Hero

Honda Motorcycle bearing No.AP 09 CN 6507 from Amberpet towards

Shivam side slowly on the extreme left side of the road and when they

reached near bus stop No.6, Amberpet, Hyderabad, meantime one RTC

bus was stopped behind the said bus, the deceased motorcycle was also

stopped waiting for the bus to move. At the same time, APSRTC bus

bearing No.AP 10Z 9619 belonging to Chengicherla Depot driven by its

driver with high speed rash and negligently and dashed the motorcycle of

the deceased from backside and also dashed the bus which was already

halt at the bus stop due to which, the deceased crushed between the

stationed RTC bus and offending RTC bus and the deceased died on the

spot. Prior to the accident, the deceased was aged about 45 years old and

he was working as a Mason in Dhrumataru Consultants, Banjara Hills,

Hyderabad, and he was drawing a sum of Rs.15,000/- per month as salary

besides other benefits. The petitioners have lost their affection and they

are bed ridden and in mental shock. Hence, the petitioners filed the claim

petition claiming compensation of Rs.15,00,000/-, payable by the

respondents/APSRTC.

4. Before the Tribunal, the respondents/APSRTC filed its counter

denying the averments of the claim petition and contended that the

amount claimed is excessive and prayed to dismiss the claim petition.

5. After considering the oral evidence of P.Ws.1 to 3 and the

documentary evidence of Exs.A-1 to A-8, the Tribunal came to the

conclusion that the accident occurred due to the rash and negligent

driving of the driver of the offending bus bearing No.AP 10 Z 9619 and

the Tribunal has actually calculated the total compensation as

Rs.18,60,000/- i.e., Rs.17,55,000/- towards loss of dependency,

Rs.5,000/- towards transportation charges, Rs.15,000/- towards cremation

and obsequies charges, Rs.5,000/- towards damages to clothing and

motorcycle, Rs.30,000/- towards loss of estate and Rs.5,000/- towards

loss of consortium, but since the claimants have claimed only

Rs.15,00,000/-, the Tribunal restricted the same to Rs.15,00,000/- and

awarded an amount of Rs.15,00,000/- towards compensation with interest

@ 9% per annum from the date of petition till the date of deposit payable

by the respondents jointly and severally.

6. Heard the learned Standing Counsel for the appellant-The

Telangana State Road Transport Corporation and the learned counsel for

the claimants-respondent Nos.1 to 4 herein. Perused the material

available on record.

7. The learned Standing Counsel for the appellant-Telangana State

Road Transport Corporation contended that the accident occurred due to

the negligence of the deceased who stopped his motorcycle behind the

Uppal depot bus which was stopped for picking up of passengers, in the

bus bay. It is further contended that the Tribunal had wrongly taken the

income of the deceased at Rs.15,000/- per month and erroneously

deducted 1/4th towards personal expenses of the deceased instead of 1/3rd

and awarded an amount of Rs.15,00,000/-, which is very excessive and

therefore, prayed to set aside the impugned order in the O.P.

8. The learned counsel for the claimants contended that earlier they

have preferred appeal before this Court vide M.A.C.M.A. No.419 of 2017

and this Court appreciated the entire oral and documentary evidence and

allowed the appeal enhancing the compensation from 15,00,000/- to

Rs.22,73,672/- and the same needs no interference by this Court.

9. With regard to the manner of accident, though the learned Standing

Counsel for the appellant-Telangana State Road Transport Corporation

contended that the accident occurred due to the negligence of the

deceased who stopped his motorcycle behind the Uppal depot bus which

was stopped for picking up of passengers in the bus bay, they did not

raise such plea in written statement and even if the deceased stopped his

motorcycle behind the Uppal depot bus but the driver of APSRTC bus

bearing No. AP 10 Z 9613 drove the vehicle at high speed and dashed the

deceased from behind and charge sheet was also filed against him. Now

it is not open them to raise such plea.

10. Coming to the quantum of compensation, in the earlier order in

M.A.C.M.A.No.419 of 2017, after appreciating the entire oral and

documentary evidence available on record, this Court has taken the

income of the deceased at Rs.15,000/-, added 25% future prospects,

deducted 1/4th towards personal expenses of the deceased and awarded an

amount of Rs.21,93,672/- under the head of loss of dependency. Further

this Court awarded an amount of Rs.70,000/- towards conventional heads

and confirmed the amount awarded by the tribunal towards transportation

charges and damages to clothing at Rs.5,000/- each. Thus in all the

petitioner awarded an amount of Rs.22,73,672/- under all counts. In view

of the above discussion, there are no grounds to allow the appeal.

11. In the result, the M.A.C.M.A. is dismissed. There shall be no order

as to costs.

Pending miscellaneous applications, if any, shall stand closed.

_______________________________ JUSTICE M.G.PRIYADARSINI 02.03.2023.

Pgp/gms