THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED CMA No.1161 of 2004 Dated : 12-8-2010 Between: Smt. A. Rajyalaxmi, W/o.late Satyanarayana Rao & others Appellants… Vs. Andhra Pradesh State Road Transport Corpn.. Respondent.. THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED CMA No.1161 of 2004 JUDGMENT: This appeal is filed against the award dated 3-11-2003 passed in OP No.2301 of 2001 by the II Addl. Chief Judge, City Civil Court, Hyderabad. The OP was filed by the claimants- appellants herein seeking compensation of Rs.3,00,000/- for the untimely death of A.Sathyanarayana Rao in the motor vehicle accident. 2. The brief facts of the case are as follows:-on 13-7-2001 at about 7-30 pm when the deceased was coming from Secunderabad towards Hyderabad on his scooter and when he reached near Rotary bus stop no.1, at that time, one bus belonging to APSRTC (Metro Express) bearing No.AP 10Z 1592 driven by its driver in a rash and negligent manner came from behind and dashed the deceased, as a result of which, the deceased received multiple injures and was shifted to Gandhi Hospital, Secunderabad, and he died on 14-7-2001 while undergoing treatment. 3. Heard the learned counsel for the parties. 4. To prove the accident, the claimants filed Ex.A-1 copy of FIR, Ex.A-2 copy of charge sheet and Ex.A-4 copy of post mortem report. PWs.1 to 4 were examined. One of the daughters of the deceased was examined as PW-1. PW-2 is the eye witness to the accident. The evidence of PW-2, was to the effect that the accident bus was driven in a rash and negligent manner by its driver and dashed the deceased from behind due to the same, the deceased received multiple injuries and died on the next day. Considering this evidence, the Tribunal held that the accident occurred solely due to the rash and negligent driving of the accident bus bearing registration No.AP 10Z 1592, which in the facts and circumstances of the case does not call for interference by this Court. 5. Coming to the question of award of just compensation, as seen from the evidence of PW-1 daughter of the deceased that the deceased was aged 62 years and was drawing a pension of Rs.10,000/- per month besides he was doing real estate business and was adviser for various educational institutions after his retirement as DEO from Education Department. It is to be observed that even after the death of the deceased, the wife of the deceased would be getting pension. It is come in evidence that the deceased was adviser to educational institutions and was also doing real estate business. Ex.A-5 is the letter issued by the Correspondent of Srinivasa High School indicating that the deceased was paid Rs.5,000/- per month, but there were no particulars about the appointment of the deceased in the school as adviser. In the absence of any other evidence but considering the fact that the deceased was a retired DEO, his income can be fixed at Rs.2,500/- and annually it comes to Rs.30,000/-. Inasmuch as there are four dependents, in the light of the decision of the Supreme Court in SARLA VERMA vs. DELHI TRANSPORT CORPORATION (2009 (6) SCALE 129), 1/4th amount has to be deducted towards the personal expenses of the deceased instead of 1/3rd as was done by the Tribunal. Considering the age of the deceased at 62 years as on the date of the accident, the appropriate multiplier as per decision of the Supreme Court in SARLA VERMA’s case is ‘7’. Thus the loss of dependency works out to (30,000 x 7 – 1/4th) Rs.1,57,500/-. To this amount, the wife of the deceased is entitled to a sum of Rs.10,000/- towards consortium and other claimants to a sum of Rs.10,000/- towards loss of estate, totalling to Rs.1,77,500/-. However, the rate of interest on the total amount of compensation granted by the Tribunal at 9 % per annum is reduced to 7.5 % per annum. 6. In the result, the appeal is allowed in part and the impugned award passed by the Tribunal is modified to the extent indicated above. No costs. ______________________ Ghulam Mohammed, J Dated 12-8-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1161 of 2001 12-8-2010