HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELANEOUS APPEAL No.2238 OF 2004 JUDGMENT: Questioning the quantum of compensation as excessive and its liability for payment of total compensation, APSRTC filed this Civil Miscellaneous Appeal against the order in O.P. No.275 of 2000 dated 31-01-2003 passed by the learned I Additional District Judge, Medak at Sangareddy. 2. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the trial Court. 3. The case of the claimants, who are wife, son and parents of the deceased respectively, is that on 13-02-2000 at about 8-30 PM, while the deceased Dappu Balraj was proceeding in autorickshaw bearing No.AP23 – T – 5768 from Jogipet to Pulkal along with some other passengers, at Andole Sugar Factory, APSRTC bus bearing No.AP10 – Z – 4917, which was coming in the opposite direction, driven by its driver in a rash and negligent manner and at high speed, dashed against the autorickshaw killing the deceased on the spot. A case in Crime No.18 of 2000 was registered against the driver of the APSRTC bus under Sections 304-A and 337 IPC and investigated into. The deceased was 25 years old at the time of accident and by doing labour work and agricultural work, he was earning Rs.40,000/- per annum and maintaining the family. Hence, they claimed compensation of Rs.2,50,000/- under various heads. 4. APSRTC – the appellant, which is respondent No.1 before the trial Court, filed its counter denying the case of the claimants and further contending that accident has not taken place on account of negligence of its driver, but because of negligence of the driver of the autorickshaw, belonging to respondent No.2, in which the deceased was travelling at the time of accident. 5. Owner of the autorickshaw, respondent No.2 in the O.P., filed his counter contending that accident has taken place on account of negligence of the APSRTC bus driver and the police also registered the case against the driver of the bus etc. 6. United India Insurance Corporation, which is respondent No.3 in the O.P. and insurer of the autorickshaw (R-2), filed its counter denying the case of the claimants against it etc. 7. Based on the pleadings, the following issues were framed by the trial Court: 1. Whether the alleged accident took place due to the rash and negligent driving of the driver of APSRTS bus No.AP10 – Z – 4917 or auto AP23 – T – 5768 or by both and the deceased Dappu Balraj died in the said accident? 2. Whether the petitioners (claimants) are the only legal heirs of the deceased ? 3. What is the Just compensation to which the petitioners are entitled and from whom ? 4. To what relief ? 8. To prove their case, claimants got examined PWs.1 and 2 and got marked Exs.A-1 to A-4. On behalf of the respondents, no oral evidence was adduced except marking copy of insurance policy as Ex.B-1. 9. Based on the evidence on record, though the trial Court arrived at a conclusion that the claimants are entitled to Rs.2,56,000/-, as the claim is only for Rs.2,50,000/-, restricting the compensation to that extent awarded a total compensation of Rs.2,50,000/- with interest at 9% per annum against APSRTC, the appellant herein, alone dismissing the claim against respondent Nos.2 and 3. Challenging the same, this appeal is filed by the APSRTC. 10. Heard Sri K. Harinath, learned standing counsel for APSRTC – appellant, Sri P. Sriharsha Reddy, learned counsel appearing for the claimants, and Sri R. Venkatram Reddy, learned counsel appearing for the Insurance Company, and perused the material on record. 11. The trial Court taking the income of the deceased as Rs.50/- per day and applying multiplier 18, which is appropriate for the age group of the deceased, who was 25 years old at the time of his death, awarded a compensation of Rs.2,16,000/- towards loss of dependency and Rs.15,000/- towards loss of consortium to the wife of the deceased, Rs.15,000/- towards loss of estate and Rs.10,000/- towards loss of love and affection to the son of the deceased, which comes to Rs.2,56,000. However, as the claim of the claimants was only Rs.2,50,000/-, restricting the compensation to that extent, awarded total compensation of Rs.2,50,000/- with interest at 9% per annum. 12. There is no serious dispute about the claimants being entitled to the quantum of compensation awarded by the trial Court. 13. The contention of the learned counsel for the APSRTC is that rate of interest awarded on the compensation is high and that there ought to have been apportionment of the compensation between the vehicles involved in the accident i.e. APSRTC bus and the autorickshaw in which the deceased was travelling at the time of accident. 14. Now the point that arises for consideration is whether there are any grounds for allowing this appeal ? 15. As the quantum of compensation, as already referred, is not in serious dispute and as the deceased was 25 years old at the time of his death, it cannot be said to be high also. Even if the deceased was treated as labourer also, he would be earning Rs.50/- a day as assessed by the trial Court. 16. In the circumstances, the only question that falls for determination is whether there was any contributory negligence on the part of the driver of the autorickshaw belonging to respondent No.2, if so, compensation has to be apportioned between the owners of the two vehicles that are involved in the accident ? 17. There is no material in support of the contention of the APSRTC that there was contributory negligence on the part of the driver of the autorickshaw, as the driver of the APSRTC bus is not examined to say that he was not negligent or that driver of the autorickshaw was also negligent. Even there is no other evidence to show that there was negligence on the part of the driver of the autorickshaw also. Hence, as there is no evidence, it cannot be held that driver of the autorickshaw was also negligent in causing accident. Consequently, the contention that compensation has to be apportioned between the vehicles involved in the accident does not arise for consideration and it cannot be accepted. 18. Coming to the question of rate of interest, which is awarded at 9% per annum by the trial Court, it can be reduced to 7.5% per annum as per the recent decisions of the Hon’ble Supreme Court and it is accordingly reduced to 7.5% per annum. 19. With the above modification in rate of interest alone, the Civil Miscellaneous Appeal is allowed in part. There shall be no order as to costs in this appeal. ____________________ P. SWAROOP REDDY, J June 23, 2010. PV