The Ap State Road Transport Corporation v. Sreeram Shetti Shantha Kumari , Shanta And 2 ORS

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD I n THURSDAY,THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY .AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI M.A.C.M.A. NO: 398 OF 2012 AND cRoss oBJEcTtoNS No. 9015 0F 2012 ft real Under Section '173 of M.V.Act and Cross Appeal Under Rule 22 of of CPC aggrieved by the decree and judgment dated 13-07-201 1 in 01 of 2009 on the file of the Court of the Chairman, Motor Accident bunal cum Special Sessions Judge for Trial of SCs /Sts (POA) Cases itional District Judge, Nalgonda App Order Xll O.P.No. 3 Claims Tri cum - Add Between:

a Pradesh State Road Transport Corporation, Musheerabad, Hyderabad General Manager/ Managing Director The Andhr Rep. by its LLANT/ Respondent in MACMA and Respondent in Cross Objections ...APPE AND

1. Sreeram Shetti Shantha Kumari , @ Shanta Wo.late Viswanatha Rao Household R/o.H.No.2-4-'19111, Share Bungalow, Nalgodna.

2. Sreeram Shetti Sreekanth, S/o.late Viswanatha Rao, 15 years, Occ: Student R/o.H.No.2-4-'191l'1, Share Bungalow, Nalgonda.

3. Sreeram Shetti Mounika, D/o.late Viswanatha Rao , 1'1 years,Occ: Student ( The Respondents No. 2 and 3 are being minors represented by their natural mother and Guardian Sreeram Shetti Shantha Kumari, Repondnent No.1 herein.) ...RESPONDENTS/ Petitionlrs in MACMA and Petitioners in Cross Obiections $ l.A. NO: 2 OF 2011{MACMAMP. NO:5342 0F 2011) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the execution of the decree and all further proceedings passed in OP-No. 301 of 2009, dt. 1310712011 on the file of the fMotor Accidents Claims Tribunal-cum-

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Additional district Judge-cum-chairman, MACT Nalgonda pending disposal of the appeal in the interest of justice I.A. NO: 1 OF 2012 MACMAMP. NO: 342 0F 2012t Petition under section i 51 cpc praying that in the circumstances stated in the affidavit fited in support of the petition,'tha High court may oe pteaseJfeimit the petitioner to amend the prayer part of original claim petition by amending the claim "from Rs.12.00 Lakh and to Rs.20.00 Lakh', in Op No.301/2009 ;{ Counsel for the Appellant in MACMA.and Respondent in Cross Objection : SRl. A. RAVI BABU(SC FOR TSRTC) Counsel for the Respondents in MACMA and Petitioners in Cross Objections: SRI p. S. p. SURESH KUMAR The Court delivered the following Judgment :

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THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BI F SRI JUSTICE N.TUKARAMJI c4rI M.A.C.M.A No.398 OF 2012 AND CROSS OBIECTIONS No. 9015 OF 2012 COMMON JUDGMENT (perHon'bb SnJusttu N. TUKARAMJQ l.

Aggrieved by the fastened liabiliry and the quantum of comp€nsarion awarded the respondents/APsRTc has , preferred this appeal against the decree and order dated t3.O7.2}ll in lv{-V.O.P. No. 301 of ZOOS passed by the Chairman, Motor Accidents Clairns Tribunal-cum-Special Sessions Judge for trial of S.G/S.Ts (POA) Cases-cum-Addl. District Judge, Nalgonda

2. Pending App.d the respondent No.5/claim Petitionerc filed Cxoss Objections 9015 of 2012 seeking enhancement of the awarded compens ation.

For the salre of facilfty the appellants are referred to with their starus before the Tribunal.

MACMA No. 398 ot 2072 & Cross Obiections No. 9015 of 2012

4. The case of rhe Respondent No.6/claim petirioner (hereinafter rhe petitioners) is rhat, on O4.ll.2OOg Sri Shreeram Shetti Viswanadha Rao/deceased nfiile travelling in APSRTC bus bearing No. LP-\O-Z-6744 at about 7.00 a.m., in the outskirts of Dandampelli VilJage, the driver drove the bus in msh and negftenr manner and dashed the motorclcle bearing registration number Ap- 24- S- 3 845 and in that course, the bus went into roadside ditch and nrrned tunle. The motorcyclist died on the spot and the deceased and other passengers sustained severe injuries and while undergoing trearmenr the deceased succumbed to injuries on 20.11.2008. Thereupon the who are v,ife and minor children of the deceased filed petition seeking compensation of Rs. 12,00,000/- under differenr heads.

5. The Tribunal on considering the materials awarded Rs.12,00,000/- with 60/o per annrxn from the date of petition tiii the ciate of realization againsr the respondent/ApsRTc

MACMA No. 398 of 2012 & Cross Obiections No.9015 of 2012

6. Fleard SriP.S.P. Suresh Kumar, learned couruel for the appellanm and Sri C Sunil Kumar Reddy, learned counsel for I the respondent. Penrsed the material on record.

7. Learned counsel for the respondent/ApsRTc (hereinafter 'rhe respondent) would contend that the Tribunal should have corsidered the conrdburory negligence of the motorcplist in the accideru and apporrioned the liabrliry, as such the insured and insurer of the motorcple wer€ n€cessaty parries and as the petition is bad for nonjoinder. Further pleaded that the income of the deceased was coruidered without valid materials in assessment of compensation and the amounts granted under conventional heads is on highersides. Flence praled forreconsiderarion. Leamed counsel for the petitionen in Cross-objections contested that the Tribunal had failed in properly appreciating the petitionen claim of income and future .).

MACI{A No. 398 ot 2012 & Cross Obiections No. 9015 of 2012 prospects. Further the multiplier aPPlied was improper and meager amounts were granted under the conventional heads. 9.

'W'e have perused the materials on record.

10. The accident involved of the brs, the death of Sri Shreeram Sheni Viswandha Rao due to the injuries in the accident, the age and occupation of the deceased are not in dispute.

11. The respondent's prime contest is that the contributory negligence on the pan of the motorcplist has not been talen into consideration by the Tribunal. I'his contentron does not persuade ts for the reason that the deceased was the passenger of the bus and there was no negligence on his part in the accident. Nonetheless, as the accident occurred due to composite negligence of the driver of the bus and the rider of the motorcycle, the deceased being 3d parry, the petitioners are entitled to claim compensation from either of the vehicles. That being the position, either contributory

MACMA No. 398 ot2072 & Cross Obiectioas No. 9015 of 2012 negligence or non-ioinder of the irsurer and irsured of the motorc)ale does not merit corsideration.

12.

The petitionen pleaded that the deceased was eaming Rs.1O,OOO/- per month byPharmaceutical Disuibution in the name and sry{e of Viswashanthi Pharmaceutical Distributon' As the occupation of the deceased is not in dispute and in absence of any rebutal except denial, no factor is found to disbelieve the clairned incorne. Furtlrer having regard to the naflrr€ of the occupation, the claimed salary at Rs.10'000/- per month is found reasonable. Accordingly we affirm the monthly income of the deceased at Rs.10,000/-. Additionally, having regard to the age and the occuPation of the deceased as self-ernploFd, as Per the dictum of the Hon'ble Supreme C-oun in National fnsutance Company v. Pranay Seth|,25o/o of the income of the deceased has to be added towards future prospectus, t{rich males the annual income at Rs.1,5O,000/-. As the dependants are three in I lzotz; ro scc 8oo

MACMA No. 398 of 2072 & Cross Obiections No.9015 of 2012 number, 'lf 1/3'd of the income has to be deducted towards personal expenses, the annual contribution of the deceased to the family would be RS.1,0O,OOO/-. If this sum is multiplied with relevant multiplier applicable to rhe age of deceased i.e. 1.4, it would be Rs.14,00, 000 / -. The petitioners are entitled ro rhe amount for loss of dependency.

13. fu per the directions in pranye Sethi and Urrited India Insurance Co. I-td., \,.'5. Satinder Kaur @ Satrvinder Kaur & Others. the peritioners are entitied for spousal and parental consortium ar Rs.4g,300 / - each and for Rs.36,300/- towards loss of esrate and funeral expenses. 14.

Tltat apan, taking note of the evidence the Tribunal had granted Rs.4,50,000/- towards med"ical exPenses incurred after the accidenr, till the death of the deceased. Thus this amounr is maintained.

MACMANo' 398of2072 & Cross Obiections No' 9015 of 2012 15.

For the aforesaid, the petitionen are eligible for the following amounts.

Amount in Rs.

DescriPtion st.

No.

4I Rs Gss of de de Rs.1,44'900 al and Pare consortrum ,000 ,00 ntal sPolls Rs.36,300 loss of estate an exPenses ft neral d Rs.4,50,000 Medical experses / Rs Total The rate of interest granted by the Tribunal is in confirmiry with the bank rate of interest awarded by the Hon'ble Supreme court in recent iudgment' hence the same is l affirmed, Iikewise the ratio of apportionment among the \ ) petitioners as Per the impugned award is sustained' Funher, the respondent is dirrected to deposit the awarded amount within four week from the date of recelPt of a copy of this iudgment.

MACMA No. 398 ot 2Ot2 & Ctoss Obiections No. 9015 of 2012 1.6. Accordingly, the Order dated fi.07.2011 n MVOP No' 301 of 2oo9 passed by the chairman, Motor Accidenr Claims Tribunal-C_um-Special Sessions Judge for Trial of S.G/S.Ts (PO,{) Gses_cum-Additional District Judge, Nalgonda stands modified.

17. Resultantly, the M.ACM.A No. 39g of 2012 fled,by the respondent/insurer is dismissed wirhout costs and the Goss Objectiors No. 9015 of 2Ol2 {rledby rhe petitioners is allowed.

As a sequel, miscellaneous petitions, pending ,f *y shall stand closed.

Sd/- A.V.S. PRASAD, ASSISTANT REGIS AR //TRUE COPYII SECTIO OFFICER To l The chairman, Motor Accident craims Tribunar cum speciar sessions Judge for Triat of SCs /Sts (poA) Cases "r, _ il;ii;r Diskict Judge, Natgonda - ( with records) 2 One cc to sirt. A. RAV| BABU(SC FOR ISRTC), Advocate topucl

3. One CC to SRl. p. S, p. SURESH KUMAR, Advocate tOpUCl

4. Two CD Copies \\.X tr *"rn s { kul

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HIGH COURT PSKJ & NTRJ DATED:2811212O23 { r ST.'\;-.'r ?.

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/ ilil .rt rarJUDGMENT MACMA.No.398 ot 2O12 AND { CROSS OB.IECTIONS NO.90t5 of 2012 Dismissing the MACMA no. 398 of 2012 and Allowing the Cross Objection no. 9015 of 2012 ?

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY,THE TWENTY EIGHTH DAY OF DECEIVIBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI M.A.C.M.A. NO: 398 OF 2012 AND CROSS OBJECTIO NS NO. 9015 0F 2012 Between:

ihe Andhra pradesh State Road Transport Corporation, tt/lusheerabad, Hyderabad. Rep by its General Manageri Managing ''lilH"=a,-oNT/ Respondent in MACMA and Respondent in Cross objections AND'1. Sreeram Shetti Shantha Kumari , @ Shanta Wo.late Viswanatha Rao Household R/o.H.No.2-4-19111, Share Bungalow, Nalgodna.

2. Sreeram Shetti Sreekanth, S/o.late Viswandtha Rao, 15 years, Occ: Student R/o.H.No.2-4-1 91 /'1, Share Bungalow' Nalgonda.

3. Sreeram Shetti Mounika, D/o.late Viswanatha Rao , 11 years,Occ: Student ( The Respondents No. 2 and 3 are Qe_i1g mino.rs repres_ented by their natural mother anb Guardian Sreeram Shetti Shantha Kumari, Repondnent No l herein ) ...RESPoNDENTS/ Petitioners in MACMA and Petitioners in Cross Objections Appeal Under Section 173 of M.V.Act and Cross Appeal Under Rule 22 of Order Xit'of CpC aggrieved by the decree and judgment dated 13-07-2011 in o.P.No. 301 0f 2009 0n the file of the court of the chairman, Motor Accident claims Tribunal cum Special Sessions Judge for Trial of SCs /Sts (POA) Cases cum - Additional District Judge, Nalgonda ORDER: This appeat coming on for hearing and upon perusing the grounds of appeal' the Judgment and Decrec ol the Lor.r'er Coull and the material papcrs in the case and upon hearing the arguments ol Sri A- RAVI BABU. SC Ior TS RTC ior the appellant in MACMA and Respondent in Cross objections and SRI P.S.P. SLII{ESH KUMAI(, Advocate for Respondent in MACMA and Petitioncr in Cross Objcctions' Y

The Court doth Order and Decree as follorvs:

l. That Cross Objections No.90l5 of2012 filcd by the Petitioners be and hercby is allowed, modifying the order datcd 13-07-201I in MVOP No. 301 of 2009 passed by the Chairman, Motor Accident claims Tribunal - cum- Spccial Sessions JudgcforTrialofSCs/STs(PoA)Cases-cum_AdditionalDistrictJudge' Nalgonda, and granted compensaton of Rs. 20'31,2001.

2. That the rate of interest granted by the Tribunal is in conformity rvith the bank ratc of interest awarded by the Hon'ble supreme Court in reccnt Judgment ' hcncethesameisaffirmed,likewisethcratioofapportionmentxmongthe petitioners as per the impugned arvard is sustained. -3. That the respondent be and herehy is directed to deposit the awarded amount within four weeks from the date of receipt of a copy of this judgment' ,1. That save as aforesaid, the decrec of thc Lorver Court shalt stands confirmcd in all othcr respectsl and

5. Ttrat thc MACMA No. 398 of 2012 filed by the Rcspondent / insurcr be and hercby is dismissed without costs Sdi- A.V.S- PRASAI).

ASSISTAI'N IS'f I{AI{ ,I-RIIE COPY// SECl'IO FFICIR To

1. The Chairman, Motor Accident Claims Tribunal cum Special Sessions Judge for Trial of SCs /Sts (POA) Cases cum - Additional District Judge, Nalgonda

2. Two C.D.Copies kul \k eil

l&.ii '1l HIGH COURT PSKJ & NTRJ DATED:.2811212O23 DECREE MACMA.No.398 of 2O12 AND CROSS OBJECTIONS NO. 9015 # i#4!

- .tl fl Dismissing thc I\{ACMA no' 398 of 2012 and Allowing the Cross Objection no' 9015 of 2012 @ # .i{,l