P ESHWARI BALARAJAIAH Vs. MOHAMMAD RIYAS

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order in A.A.O.No.1238 of 1996 dated 26-6-2001 of the learned single Judge of this Court. The above A.A.O. arise out of the order and decree in O.P.No. 742 of 1992 dated 5-2-1996 on the file of Motor Accidents Claims Tribunal, Sangareddy, which was filed by the claimants, being the legal heirs of one P. Venkavva @Eshwari against the respondents seeking a compensation of Rs.1,50,000/- alleging that the said Venkavva @ Eshwari died in a road accident on 20-8-1992 at Chandampet due to rash and negligent driving of the

(2.) A.P.S.R.T.C. bus bearing No.AP 9 Z 3413 of Medak Depot. On a consideration of the oral and documentary evidence adduced on either side, the Tribunal held that the accident took place due to rash and negligent driving of the driver of the R.T.C. bus and awarded a total compensation of Rs. 77,600/- (i.e., Rs.57,600/- being loss of future earnings + Rs.15,000/- towards paid and suffering and loss of expectation of life and amenities of life + Rs. 5,000/- towards loss of consortium) While allowing the appeal in part, the learned single Judge of this Court granted a total compensation of Rs.1,16,400/- (i.e.,Rs.86,400/- being pecuniary damages + Rs.7,500/- for pain and suffering + Rs.7,500/- for loss of expectation of life + Rs.15,000/- towards loss of consortium) with proportionate costs.The learned single Judge granted interest on the enhanced compensation at 9% p.a. from the date of filing of the O.P. till realization.

(3.) Aggrieved at the Judgment of the learned single Judge in A.A.O.1238 of 1996, this Letters Patent Appeal is preferred by the claimants. The only question that arises for consideration in this Letters Patent Appeal is - whether the Tribunal as well as the learned single Judge of this Court have rightly arrived at the earnings of the deceased person?.