IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.2309 OF 2005 Between: A.P.S.R.T.C., rep.by its General Manager, Mushirabad, Hyderabad. ......petitioner AND Gudipati Ramana Reddy and others ......Respondents Counsel for the petitioner: Sri P.Sridhar Reddy Counsel for the Respondents: Sri Balla Ravindranath The Court made the following:- HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.2309 OF 2005 JUDGMENT: This appeal is directed against the order dated 09.05.2005 in OP No.454 of 2004 on the file of Motor Accidents Claims Tribunal-Cum-IV Additional District Judge, (for short ‘Tribunal”), Karimnagar, wherein the claim of respondent Nos.1 to 3 herein, was allowed in part awarding compensation of Rs.1,95,500/- with costs and interest at 9% p.a. from the date of petition. 2. Heard the learned standing counsel for the appellant and the learned counsel for the respondents. Perused the records. 3. Respondent Nos.1 to 3 filed the claim application seeking compensation of Rs.2,00,000/- on account of death of the deceased Gudipati Veera Reddy in a motor vehicle accident that occurred on 29.09.2003 at about 10 A.M. at Mugdumpur bus stage. Respondent Nos. 1 and 2 are the sons and respondent No.3 is the mother of the deceased. The wife of the deceased also died in the same accident. It is not in dispute that on the morning of 29.09.2003, the deceased along with his wife were proceeding on Chetak Scooter bearing No.AP-15-G-3469 in order to go to Karimnagar and when they reached near Mugdumpur village bus stage at about 10 A.M and in the meantime one R.T.C.Bus bearing No.AP-10-Z-4402, being driven by respondent No.4 herein, came in a rash and negligent manner with high speed and dashed against the scooter, resulting in the death of both the husband and wife. A case was registered in Cr.No.366 of 2003 under Section 304-A I.P.C. against the driver, respondent No.4 herein, and after completion of investigation, charge sheet was also filed. According to the claimants, the deceased was aged 58 years at the time of death and after retiring from Singareni Colleries Company he was not getting pension and, therefore, he was doing petty business and earning Rs.3,000/- per month and was contributing the same for the welfare of the family. The claimants, therefore, claim compensation of Rs.2,00,000/-. 4. The appellant-Corporation filed a counter opposing the claim and denying that the accident occurred on account of rash and negligent driving of the bus by its driver, respondent No.4 herein. 5. The Tribunal framed the following points for consideration: 1. Whether the accident took place due to rash and negligent driving of the vehicle bearing No.AP- 10- Z4402, by its driver? 2. Whether the petitioners are entitled to compensation; if so; to what amount; and from whom? 3. To what relief? In support of their claim, PWs.1 and 2 were examined and Ex.A1 to A5 were marked on behalf of respondents herein. RW1, the driver of the bus, was examined and no documents were got marked on behalf of the appellant herein. 6. On consideration of the evidence available on record the Tribunal held on Point No.1that the accident occurred due to the rash and negligent driving of the bus by its driver, on Point No.2 the Tribunal held that the claimants are entitled for a total compensation of Rs.1,95,500/-. The Tribunal, on appreciation of the evidence on record, awarded compensation for the said amount with costs and interest at 9% p.a. from the date of petition. Aggrieved by the same, the present appeal is filed by the appellant-A.P.S.R.T.C. 7. The finding of the Tribunal on point No.1 that the accident occurred due to the rash and negligent driving of the bus by its driver, RW-1, cannot be seriously disputed in view of the evidence available on record, particularly the documentary evidence i.e., Ex.A.3-certified copy of post mortem Examination report, Ex.A4-certified copy of Motor Vehicle Inspector’s Report, Ex.A2-certified copy of Charge Sheet. On proper appreciation of the evidence available on record, the Tribunal has rightly held that the evidence of RW1 is not acceptable. The finding of the Tribunal that the accident occurred on account of rash and negligent driving of the bus by RW1 does not call for any interference. 8. Regarding the quantum of compensation, it is not disputed that the deceased was aged 58 years and by the date of death, he was a retired employee of Singareni Collieries Company. The postmortem report-Ex.A3 also shows the age of the deceased. According to the claimants, after retirement, the deceased was doing petty business as he was not getting any pension and that he was earning income of Rs.3,000/- per month from the said business. The learned counsel for the appellant mainly contends that absolutely there is no evidence on record to show that the deceased was doing any business. The claimants have not adduced any evidence to show that the deceased was doing any business. No particulars of the alleged business, nature of the business or the place of business or any record or accounts pertaining to the said business were produced before the Court. The Tribunal, however, straightaway accepted the plea of the claimants that the deceased was doing business and was earning Rs.3,000/- per month. Except vaguely alleging that the deceased was doing business and earning Rs.3,000/- per month, no particulars thereof were mentioned even in the claim petition or in the evidence of PW1. In the absence of any such particulars and any evidence in support of their claim, the Tribunal is not justified in straightaway accepting the plea of the claimants that the deceased was doing business and was earning Rs.3,000/- per month. 9. In the evidence, PW1 stated that the deceased was doing agricultural work, apart from vegetables and milk business and was earning Rs.3,000/- per month. But, in the claim application of the petitioners no such averment is made against the column as to the occupation of the deceased person. It is merely stated that he was a retired employee of Singareni Collieries Company. Absolutely, there is no evidence on record to show that the deceased was doing any business in vegetables or milk and was earning Rs.3,000 per month. The claim of respondent Nos.1 to 3 herein that the deceased was doing business and was earning Rs.3,000/- per month, is totally unsubstantiated. In the absence of any such income as claimed, the Tribunal ought to have taken into consideration only a notional income of Rs.15,000/- per annum. After deducting 1/3rd income towards personal expenses of the deceased, the contribution to the family would come to Rs.10,000/- per annum. The Tribunal has applied the multiplier of ‘7’ since the age of the deceased was 58 by the time of death. The learned counsel for the respondents-claimants would contend that the suitable multiplier in the instant case is ‘8’. However, the respondents-claimants did not file any appeal seeking any enhancement on that ground. Thus, accepting the multiplier ‘7’, as applied by the Tribunal, the loss of dependency would come to Rs.70,000/- (Rs.10,000/- X 7). In fact, the claimants have also claimed only a sum of Rs.60,000/- towards loss of earnings. The Tribunal erred in awarding Rs.1,68,000/- towards loss of dependency by taking income of Rs.3,000/- per month for which there was absolutely no supporting evidence. In fact, claimant Nos.1 and 2, who are the sons of the deceased are aged about 31 and 28 years and are able bodied persons and were engaged in private employment and, therefore, they cannot be considered to be dependants on the income of the deceased, if any. On the other hand, after his retirement the deceased father was depending only on his sons, claimants Nos.1 and 2. The claimants are, therefore, held entitled for a sum of Rs.70,000/- towards loss of dependency. They are also entitled for Rs.15,000/- towards loss of estate and Rs.15,000 each towards loss of love and affection and Rs.2,000/- towards funeral expenses. 9. In the result, the claimants are held entitled for a total compensation of Rs.1,32,000/- with interest at 9% per annum from the date of petition. The award passed by the Tribunal is modified accordingly. The appeal is allowed to the extent stated above. No costs. ____________________ G.V.SEETHAPATHY, J Date: 21.10.2009 ivd