RATNAMMA Vs. BHAGWANTH KAUR

JUDGEMENT

(1.) THIS appeal is filed by the claimants who are wife and minor son of deceased bus driver Durgaiah against the respondent Nos.1 and 2 (owner and insurer of the bus) impugning the compensation awarded by the learned Motor Accident Claims Tribunal -cum -Chief Judge, City Civil Court, Hyderabad in O.P.No.1527 of 2000 dated 10.04.2007, awarding compensation of Rs.4,76,000/ - as utterly low, as against the claim of Rs.7,00,000/ - (since amended from Rs.5,00,000/ - pending appeal as per order passed in MACMA MP No.6287 of 2012 dated 06.12.2013 to Rs.7,00,000/ - by payment of deficit court fee under Rule 475 of the A.P M.V Rules, 1989 and on condition of not entitled to interest on enhanced claim (if considered on merits) before this date).

(2.) HEARD Sri P.V.Sanjeeva Rao, learned counsel for appellants and Sri G.Ramachandra Reddy, learned standing counsel for 2nd respondent - National Insurance Co. Ltd. The respondent No.1 owner of the crime vehicle was left unserved with notice is called absent with no representation and thus taken as heard the respondent No.1 for the absence to decide on merits and perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) THE facts of the case, as proved before the Tribunal and not in dispute in this appeal, are that, on 28.03.2000 the deceased who is the husband of 1st appellant and father of 2nd appellant was taking the children of the school from Mehdipatnam to Chirec Public School, Kondapur by driving the school bus (bearing No.AP 9Y 4872), that when reached the vicinity of Damber & Company near Dargah, Old Bombay Road, the lorry (bearing No.AP 9U 8383) came in opposite direction in rash and negligent manner trying to overtake another lorry came on wrong side of the road and dashed the bus, as a result, he sustained fractures of the leg, head injury and other injuries all over the body breathed lost on say day while undergoing treatment in Apollo Hospital. Based on the Ex.A9 salary certificate as well as evidence of PW.3 shows salary of the deceased as Rs.2,400/ - + Rs.600/ - per Kg + Rs.1,000/ - for extra work incentive (over time) total Rs.4,000/ - and the Tribunal therefrom rightly assessed the deceased salary as Rs.2,400/ - per month and after 1/3rd deduction for personnel expenses with '16' multiplier and with other conventional sums and also Rs.1,39,770 towards medical expenses, in all awarded to Rs.4,76,000/ -.