LawSphereX

SMT.V.SUHA GAYATRI AND 2 ORS v. THE AP STATE ROAD TRANSPORT CORPORATION AND 3 ORS

Court: High Court for State of Telangana

Bench: K.LAKSHMAN

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2020-03-11. SMT.V.SUHA GAYATRI AND 2 ORS v. THE AP STATE ROAD TRANSPORT CORPORATION AND 3 ORS. Read the...

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE ELEVENTH DAY OF I\4ARCH TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K,LAKSHMAN M. A. C. M. A. NO: 17 OF 2014 Appeal filed Under Section 173 of M. V. Act against the Order and Decree made in I\4. V. O. P. No. 2367 of 2011 dated 2S. 06. 2013 on the file of the Court of the Chairman, ltilotor Accidents Claims Tribunal-Cum-X Additional Chief Judge, City Civil Court, Hyderabad. Between: 1. Smt. V. Usha Gayatri W/o. late V. Sai Murali lt4ohan Occ: House wife 2. V. Ramachadnra Rao, S/o. V. Venkata Narayana Occ: Nil 3. Smt. V. lr/uthya Vani, Wio. V. Ramachadnra Rao Occ: Housewife All are R/o. H. No. 6-3-107, Shivaji Nagar, Sanga Reddy, Medak District. Temporarily R/o. H. no. 1 7-2- 1 4Bl 1 l2l A, lt/alakpet, Hyderabad. ,.. APPELLANTS/PETITIONERS AND 1. The A. P. S. R. T. C. , rep by its fr/anaging Director, Bus Bhavan, [\,4usheerabad, RTC "X' Roads, Hyderabad. 2. The A. P. S. R. T.

C, rep by Depot Manager, Sangareddy Depot, [,4edak District. 3. Devuni Krishna, S/o. D. Saiyanna, Aged: I\,4ajor Occ: Business Rl/o. H. No. 2-5-204, Rachannapet {Vl, Zaheerabad Madnal, Medak District. 4. National lnsurance Co Ltd, rep by its Regional Manager O/o. Jubilee Building, 1st Floor, Nampally Station Road, Abids, Hyderabad. ... RESPONDENTS/RESPONDENTS Counsel for the Appellants : SRl. JAGATHPAL REDDY KASI REDDY Counsel for the Respondent Nos. 'l&2 : SRI N. VASUDEVA REDDY (SC FOR APSRTC) Counsel for the Respondent No. 3 : SRI CHETLURU SREENIVAS Counsel for the Respondent No. 4 : SRI T. RAMULU The Court made the following: JUDGMENT I IoN'I}LE SRI JUSI'ICE K. L.. \KSH }I,\\ M. A. C. M. A. No. l7 of 2014 JUDGMI. ]N]i': Feeling irggrieved by the order dt. 29-06-2013 in C). P. No. 2367 of 2011 passed by the Motor Accident Claims Tribunal (X. Additional Chief Judge, City Civil Court), Hyderabad (for short 'thr: Tribunal), the appellants/claimants preferred the present appeal. 2.

l'he Tribunal has awarded an amount ol Rs. 10,53,000/-towards compensation wirh 7. 5"/o interest per annum as against the claini ol [{s. l:i. 0() lakhs claimed by the appellants. 3. On consicleration of the entire evidence. tl'e l'ribunal gave a finding that the accident was due to rash and nerlig. ent driving of the driver o1'the vehicle i. e. bus bearing No. AP 23 \\/5843. l'he respondents did not file any appeal challenging the saicl Jinding and the said finding attained finality. 4. No*' the only question falls for consideration by this Court is with rellard to quantum of compensation. 5. It is the specific contention of the appellants that the deceased n,as aeed 32 years as on the date ofaccident. c,rvever, the appellants hare not filed any proof to show that the deceased u,as aged about 32 y:ars as on the date of accident. The Tlibunal relying on Ex. A-5-post rnollem examination report, considered the age of the KL. J MACMA No. l7 of20l4 deceased as 32 years.

Therefore, in the absence of any contra evidence, according to this Court, the Tribunal has rightly considered the age ofthe deceased as 32 years and rightly applied the multiplier '16' fbr the age of 32 years followrng the principle laid down by the Apex Court in Sarla Verma and others v. Delhi Transport Corporation and a notherl. 6. With rc_qarcl to the monthly earning capacitl, ol the dcceased, it is the specifrc contention of the appellants that the deceased used to work as Clerk in MNR E,ngineer College, and used to eam Rs. 7,500/- per rnonth. In proof ol the same, the claimants have filed Ex. A-14-salary certificate, Exs. A-15 and A-16-vouchers for the months of August and September, 201 l. The appellants have also examined P. W. 3, accountant of the said college. 7 . As per Exs. A- 14 to A- 16, the deceased used to earn an amount of Rs. 6,000/- per nlonth. P. W. 3, the accountant of the MNR College, deposed that on corr.

rpletion of probation, the deceased would be getting an amourlt ol Rs. 9,000/- per month. But he has not filed any documents in proof of the same. However, learned counsel for the appellants relied upon the principle laid down by the Apex Court in the case reporled in Ramarao Lala Borse v. New India Assurance Co. Ltd. ,2. In the said case, the High Court discussed and consideled the evidence of both oral and documentary on record with regard to benefits under Sixth Pay Commission and considered the ' zooe 1+y scl sr = 2oo9 (6) scc 121 l-!. c. c. zoa '? 1zort7 \13( \1A \(i l7 ot 10t. 1 monthly earning capacity of the deceased therein as Rr;. ,10,000/-. l-he Apex Court conllrmed the said finding of the High Corrrt. Whereas in the present case, there is no material to show that the <lece'ased would be getting Rs. 9. 000/- per month except one sentence o. - P. W. 3. [n the absence of an1, evidence, the Tribunal has rightly considered the monthly eaming capacity of the deceased at Rs.

6,000/- T'ris Court is satisfied with the said finding of the Tribunal in,:onsidering Rs. 6,000/- as mrrnthly earning capacity of the deceased. 8. Further, as rightly held by the Tribunal, r;ince there are three dependent:; ofthe deceased, as perthe principle la d dcwn by the Apex Court in Sarla Verma ( I supra), I /3'd income o I th: cleceasecl should be deducted fiom out of the actual income towards deceased personal and living expenses. Therefore, the said l'inding ol the Tribunal can be rnaintained. 9. Further, since at the time of accident, the deceased was aged about 32 yerars, the correct multiplier as applied bv the Tribunal is ' 16' as per Sarla Verma ( 1 supra). Hence, the total loss ol dependency in respect of the contribution towards his thrnily tnembers comes to Rs. 7,68,0001 {4000 (6000-l/3'd i. e. 2000) xl2txl6} and the Tribunal rightly granted the same towards loss of dependency. Therefore, the crrrnpensation granted under this head shall remain unchanged. KI-.

J MACMA No. l7 ot20l. l . l 10. Furlher, as per the decision of the Supreme Coult in Nationat Insurancc Company Limited Vs, Pranay Sethis, the appellants are entitled for 40Yo of the income towards iuture prospects of tl. re deceased i. e. Rs. 3,07,200/-. I l. Further, the Tribunal awarded an amount of Rs. 30,0001 i. e. Rs. 10,000/- each to the appellant Nos. I to 3 towards love and atfection and also granted an amount of Rs. 10,000/- towards funeral expenscs. However, compensation granted under these heads is to be reconsidered as per the decision of the Supreme Court in Magma General Insurance Company Limited v. Nanu Ram @ Chuhru Rama. Therefbre, fbllowing the said judgment, compensation ol Rs. 40,000/- to the l't appellant-wife towards spousal consortium and Rs. 80,000/- (Rs. 40,000/- each) to the appellant Nos. 2 and 3-parents towards filial consorlium is granted. Likewise, the appellants are also entitled for Rs. 15,000/- towards loss of estate; Rs.

15,000/- towards funeral expenses; Rs. 5,000/- towards transportation; and Rs. 5,000/-towards damages of clothes. 12. Thus in al l, the appellants are entitled for the compensation as mentioned below: Sl. No. Namc of IIcad Awarded compensation Rs. 0I Loss of depcndency 7. 68,000/- 1+OOO IOOOO-t,t"' i. e. 2000) xl2xl6| 0l Futurc (40()/o) ltrosltccts 3,07,200/- 0. i Loss of estatc 15. 000/- 0. + Funeral expcnses 15,000/- ()5 Spousal Consottiunr 40. 000/-r zo tz 1oy t zo 1sc; 20 l8 Law Suit (SC) 904 KL. J i! 41\CMA No l7 of 2011 -5 06. Filial C onsortium 80,()00/- 07 l'ra rs , rfiation char CS 5. ()00/- 08 Datna es to the clothes 5,r)001 Iotal 12. 35. :l()01- 13. . {s discussed supra, the accident was occurrerl due to rash and negligent dliving of the driver of the bus belongs 1c respondent No. 3-owner arrcl respondent No. 4 is the insurer o1. the said bus. Respondent Nc,s. l and 2-Corporation is the hirer ol the said br. rs.

ln vieu,of the principle held by the Apex Court in Managing l)irector, Karnataka State Road Transport Corporation r. \erl' Intlia Assurance C ompany Lttl. s, the registered ou ner, insurcr and hirer are jointiy an<l severally liable to pay the compensa:ion to the claimants. Ii. espondent Nos. I and 2-Corporation is at liberly to initiate appropriate legal steps in accordance with the tems of lease agreement. 14. In the result, the appeal is allowed in pan and the compensation is enhanced from Rs. 10,53,000/- to Rs. 12,35,200/- 'fwelve (Rupees Lakhs Thirty Five Thousand and Trl'o Hundred 'lhe onl;''). enhanced amount of compensation shall carrl inte'rest at 7 . 5ok per annr. rur fi'om the date of petition till the date ol realization. The respondert; are directed to deposit the enhanced arnolutt along with proportioniite costs and interest within one month lic nt the date of rcceipt of l, r r,p) ol this order, atter cleducting the itrlt:unt. if attl' deposited.

On such deposit, the appellants/claimants ai'e pernritted to withdraw the en. ire amoLlnt. No costs. rol z scc ' 1zo :sz 15. Miscellaneous petitions pending, if any, shall stand closed. ; I SD/. CH. VENKATESWAR ASSTST4NT REqISTRAR //TRUE COPY// ci,. ( c*,-, SECTION OFFICER To, 1. The Chairman, Motor Accidents Claims Tribunal-Cum-X Additional Chief Judge, City Civil Court, Hyderabad. (With Records) 2. One CC to Sri Kasi Reddy Jagathpal Reddy, Advocate (OPUC) 3. One CC to Sri T. Ramulu ,Advocate (OPUC) 4. One CC to Sri N. Vasudeva Reddy ,Advocate (OPUC) 5. One CC to Sri Chetluru Sreenivas,Advocate (OPUC) 6. Two CD Copies ks &:-,, HIGH COURT DATED:1 110311? -020 JUDGMENT E. OF l-r: M. A. C. M. A. No. 1 7 of 201 4 P1 v { $1t! ) I c. {\ :. -| 7 sjtil c! ' Partly allowing the M. A. C. M. A Without costs. ... rJ A lioP'e -l* q\6 \**'

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.