SHAHAZADI BEE Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order in A.A.O.No.1373 of 1996 dated 6-7-2001 of s learned Single Judge of this Court. The above A.A.O. arose out of the order and decree in O.P.No.506 of 1994 on the file of Motor Accidents Claims Tribunal, Nizamabad, which was filed by the claimants, who are the legal heirs of one Shaik Jaffar, against the respondents claiming a compensation of Rs./- 3,00,000/- alleging that the said Shaik Jaffar died as a result of the injuries sustained by him in a motor accident on 29-5-1994 near the A.P.S.R.T.C.Bus Station, Nizamabad due to the rash and negligent driving of the R.T.C.bus AP 9Z 5032 by its driver.

(2.) On a consideration of the evidence on record, the Tibunal awarded Rs.1,20,100/- towards loss of dependency; Rs.5,000/- each towards loss of consortium and for pain and suffering, besides a sum of Rs.100/- towards damages to the clothes of the deceased. Dissatisfied with the quantum of compensation awarded and seeking enhancement of the same, the claimants in O.P.No.506 of 1994 filed the above A.A.O.1373 of 1996.

(3.) While allowing the appeal in part, the learned single Judge granted a total compensation of Rs,2,02,900/- (i.e. , pecuniary damages of Rs. 1,72,800/- + Rs.100/- being damages to clothes + Rs.15,000/- being loss of estate + Rs.5,000/- being funeral expenses and loss of love and affection + Rs.10,000/- being loss of consortium to the first appellant therein) with proportionate costs in the O.P. The learned single Judge also granted interest at 12% p.a. on the compensation of Rs. 1,30,000/- originally granted by the Tribunal from the date of filing of O.P. till realization and further granted interest at 9% p.a. on the enhanced compensation amount of Rs. 72,800/- from the date of filing of O.P. till realization and confirmed the rest of the directions issued by the Tribunal.