Telangana State Road Transport Corporation v. K. Lakshma Reddy
2020-01-09
T.AMARNATH GOUD
body2020
DigiLaw.ai
JUDGMENT T.Amarnath Goud, J. - This appeal is directed by RTC against the Award and decree dated 11.09.2017 passed in M.V.O.P.No.294 of 2016 by the Motor Accidents Claims Tribunal-cum-the Chief Judge, City Civil Court, Hyderabad (for short the Tribunal), whereby the tribunal granted compensation of Rs. 4,11,300/- with interest @ 9% per annum, in a motor vehicle accident that occurred on 02.08.2015 while the claimant and his wife deceased K.Rama was going on Scooter bearing No.AP 9 E 5381 to Secunderabad from Koti, when they reached near Deepak Theatre, Narayanaguda, the claimant stopped scooter at Narayanaguda X Road on red light signal, APSRTC bus bearing No. AP 11 Z 2295 came in a rash and negligent manner, dashed against the said scooter from behind, for which the claimant and the deceased fell on the road, the scooter along with the deceased dragged to some distance, for which the deceased sustained grievous injuries over head and all over body, immediately she was shifted to Care Hospital, but the doctors declared her died on the spot, as against the claim of Rs. 5,00,000/-. 2. For the sake of convenience, the parties herein are referred to as arrayed in the tribunal. 3. Before the tribunal, the 1st respondent remained set exparte and respondents 2 and 3 filed their counter denying the claim petition. 4. In order to prove the case of the claimant, before the tribunal, PW.1 was examined and marked Exs.A1 to A.9, and RWs.1 and 2 were examined and Exs.B.1 to B.6 were marked on behalf of the respondents. 5. Learned standing counsel for RTC submitted that the owner and insurer of the motorcycle were not added as parties to the claim petition as such the claim petition is liable to be dismissed as non-joinder of parties and that the tribunal erred in holding that there is contributory negligence and that the compensation granted by the tribunal is on higher side and hence, prayed to allow the appeal. 6. Learned counsel for the claimant submitted that the order passed by the tribunal is well considered in all aspects and needs no interference of this Court and prayed to dismiss the appeal. 7. There is no dispute with regard to the manner of accident and involvement of the vehicle. Ex.A.6-postmortem report shows that the cause of death was due to head injury.
7. There is no dispute with regard to the manner of accident and involvement of the vehicle. Ex.A.6-postmortem report shows that the cause of death was due to head injury. Ex.A.4-inquest report shows that the age of the deceased was 60 years. As rightly observed by the tribunal that the income of the deceased was Rs. 3,000/- per month. Since the age of the deceased was 60 years, as per the decision of the Apex Court in Sarala Verma and others v Delhi Transport Corporation and another, 2009 ACJ 1298 the relevant multiplier applicable is 9 and since the sole claimant, 1/3rd of her personal expenses have to be deducted. The deceased is self employed and aged 60 years married, as per the decision of the apex Court in National Insurance Company Limited v Pranay Sethi, 2017 6 ALD 170 (SC) the claimant is entitled for 10% future prospects and Rs. 70,000/- towards conventional heads can be granted which are just and proper. Applying relevant multiplier, deducting personal expenses, future prospects and annual income, loss of dependency comes to Rs. 2,37,600/- (Rs.3,000/- x 1/3 (Rs.1,000/-) x 12 (Rs.24,000/-) x 10% (Rs.26,400) x 9) Thus, the claimant is entitled for total compensation of Rs. 3,07,000/- (Rs.2,37,000/- + Rs. 70,000/- ). The compensation shall carry interest @ 7.5% per annum from the date of petition till the date of realization. Appellants/RTC are directed to deposit the compensation amount within three months from the date of this judgment. The claimant is entitled to withdraw the compensation amount soon after the deposit is made. 8. In view of the above, the appeal filed by RTC is allowed in part reducing the compensation amount to Rs. 3,07,000/- with interest @ 7.5% per annum from the date of petition till the date of realization from Rs. 4,11,300/- with interest @ 9% per annum. There shall be no order as to costs. Miscellaneous petitions if any, shall stand closed.