A P STATE ROAD TRANSPORT Vs. K HEMALATHA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these appeals is to the judgment of a learned single Judge of Andhra Pradesh High Court disposing of several appeals filed under section 173 of the Motor Vehicles Act, 1988 (in short 'the Act'). Appeals were filed by the claimants as well as the present appellant Corporation and its functionaries. By the impugned judgment the High Court partly allowed the appeal filed by the claimant while dismissing the appeal filed by the appellant Corporation. One K. Lingam lost his life purportedly in a vehicular accident. His widow and the minor children had claimed compensation of about Rs. 8,00,000. His widow K. Hemalatha in respect of her injuries in the same accident had claimed compensation, of Rs. 1,00,000. It was the case of the claimants that on 19.3.1998 the deceased and injured-claimant in O.P. No. 878 of 1998 were proceeding on motor bike bearing No. AP 10-J 5350 towards Yadagirigutta and when they reached the R.T.C. bus depot at Yadagirigutta, the bus bearing No. AP 9-Z 3972 belonging to the Andhra Pradesh State Road Transport Corporation, came from back side and dashed the motor cycle. In the said accident, the deceased and claimant suffered grievous injuries. At first instance, both were admitted in Government Hospital, Bhongir and thereafter they were shifted to Gandhi Hospital, Secunderabad. Considering the serious condition of deceased he was shifted to C.D.R. Hospital, Hyderabad, where he succumbed to injuries on 24.3.1998. On a complaint lodged to the police, a case in Crime No. 16 of 1998 was registered on the file of the Police Station, Yadagirigutta. It was the further case of the claimants that the deceased was a class-I contractor and was an income tax assessee and was doing high magnitude civil contracts. Pleading that due to sudden and untimely death of the deceased, they lost dependency, they claimed compensation which included non-pecuniary damages on account of loss to the estate and loss of consortium. So far O.P. No. 878 of 1998 is concerned, the same was filed by the wife of the deceased who was also injured in the same accident, claiming compensation on account of the medical expenditure, pain and suffering and disability. The said claim was resisted by the appellant Andhra Pradesh State Road Transport Corporation (in short 'the Corporation') by filing counter-affidavit before the Tribunal. It was the case and it was their specific case that the bus did not hit the motor bike. Further, it was their case that on seeing the speeding bus the deceased himself got puzzled and skidded off the road; as such, the deceased and claimant suffered injuries. Precisely, it was the case of the Corporation that the bus of the Corporation did not hit the motor bike at all; as such, there was no negligence on the part of the driver of the bus of the Corporation, to claim compensation from it.

(3.) The Tribunal in the two claim petitions framed issues. After taking note of the evidence on record, it was held that the deceased was aged 41 years, his earning was about Rs. 5,000 per month and after deducting 1/3rd towards personal expenses the contribution to the family was around Rs. 3,400 p.m. The annual contribution was Rs. 40,800. After applying multiplier of 11, compensation of Rs. 4,48,800 was awarded. Additionally, a sum of Rs. 70,000 towards medical expenses, transportation charges, funeral expenses and the like was awarded. In other words in respect of claim for the death of the deceased Rs. 5,18,800 was fixed as the amount of compensation. But since the Tribunal held that there was contributory negligence, 1/3rd deduction was made. Interest at the rate of 12 per cent was awarded, from the date of claim. In the petition in respect of the injuries a sum of Rs. 25,000 was awarded but after making deduction of 1/3rd the amount was fixed as Rs. 16,666 together with interest at the rate of 12 per cent per annum.