Apsrtc v. Medida Sree Latha And 4 Others

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER M.A.C.M.A.No.3 2 0 9 of 2 0 0 5 JUDGMENT:

This appeal, under Section 173 of the Motor Vehicles Act, 1988 ('the Act', for brevity), is filed by the appellant/ APSRTC, challenging the order, dated 27.01.2005, passed in O.P.No.647 of 2002 by the Chairman, III Motor Accident Claims Tribunal, Warangal ('the Tribunal', for brevity).

2 .

Heard the learned counsel for both sides and perused the record.

3 .

The learned Standing Counsel for appellant-APSRTC would contend that the Tribunal granted excess compensation and also excess rate of interest @ 9% per annum from the date of petition till the date of deposit or realisation on the amount granted as compensation and ultimately prayed to reduce the compensation and the rate of interest awarded on the compensation.

4 .

On other hand, learned counsel for respondents-claimants would contend that the Tribunal had taken all the relevant factors into consideration and granted just and reasonable amount as compensation. There are no circumstances to vary the same and ultimately prayed to dismiss the appeal by confirming the Order under challenge. 5 .

As per the material placed on record, the deceasedM.Mallaiah, aged 27 years, died in a motor accident occurred on

14.12.2001, due to the rash and negligent driving of the driver of the APSRTC bus bearing registration No.AP-10-Z-2559. The Tribunal, after analysing the entire evidence on record, though assessed compensation payable to respondentsclaimants at Rs.8,98,500/ -, granted Rs.5,00,000/ - only with interest @ 9% per annum from the date of petition till the date of deposit or realisation, as the total claim was for Rs.5,00,000/ - only, as detailed below.

1 .

Loss of depen den cy Rs.8 ,6 4 ,0 0 0 / - 2 .

Loss of con sor t iu m Rs.2 0 ,0 0 0 / - 3 .

Loss of love an d affect ion Rs.5 ,0 0 0 / - 4 .

Medical ex pen ses Rs.5 ,0 0 0 / - 5 .

Tr an spor t ex pen ses Rs.2 ,0 0 0 / - 6 .

Fu n er al ex pen ses Rs.2 ,5 0 0 / - TOTAL COMPENSATI ON RESTRI CTED TO CLAI M Rs.8 ,9 8 ,5 0 0 / - Rs.5 ,0 0 ,0 0 0 / - 6 .

The deceased-M.Mallaiah was aged 27 years as on the date of accident. He was an agriculturist. The Tribunal assessed the loss of dependency at Rs.72,000/ - per annum, deducted 1/ 3rd of it towards personal expenses of the deceased and by applying multiplier '18', assessed an amount of Rs.8,64,000/ - towards loss of dependency. The Tribunal further added Rs.30,000/ - under conventional heads and ultimately assessed the compensation payable to the respondents-claimants at Rs.8,98,500/ -, but granted Rs.5,00,000/ - only with interest @ 9% per annum from the date of petition till the date of deposit or realisation, as the total claim was for Rs.5,00,000/ - only. The findings of the Tribunal are based on evidence on record. The Tribunal is justified in granting the said compensation to the respondents-claimants. There is nothing to interfere either with

compensation or with interest awarded on compensation. The appeal is devoid of merit and is liable to be dismissed.

7 .

In the result, the appeal is dismissed.

Miscellaneous Petitions pending, if any, shall stand closed. No order as to costs.

____________________ Dr . SHAMEEM AKTHER, J 30th July, 2018 Bvv