HON'BLE SRI JUSTICE GHULAM MOHAMMED MA CIVIL MISCELLANEOUS APPEAL NO. 2755 OF 2008 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the order dated 25t h March 2004 passed by the II Additional Chief Judge, City Civil Court, Hyderabad (for short ‘the Court below’) in OP No. 602 of 2001 filed by the appellants-claimants claiming compensation of Rs. 4,00,000/- for the death of one Mohd. Abdul Samee in a motor accident that occurred on 29.12.1999 at abut 5.15 PM while the deceased was proceeding on his scooter bearing No. AP 12B 5843 and when he reached in front of Embassy café, one APSRTC bus bearing No. AAZ 6141 belongs to Barkatpura Depot came in rash and negligent manner with high speed and hit the scooter. Due to which, the deceased sustained grievous injuries and while undergoing treatment he died on 31.12.2000. Respondents- APSRTC filed its counter denying the averments made in the petition. 2. The Tribunal having held that the accident occurred due to rash and negligent driving of the driver of the APSRTC bus bearing No. AAZ 6141 belongs to Barkatpura Depot and taking into consideration the evidence of PWs 1 and 2, especially the evidence of PW-2 who is an eye witness to the accident stated that on 29.12.1999 at about 5.00 or 5.15 pm while he was standing infront of his pan shop near Embassy after attending Namaz in Ramzan month he witnessed one person aged about 28 to 30 years proceeding on his scooter bearing No. AP 12B 5843 and when it stopped infront of the traffic lights, the driver of the RTC bus bearing No. AAZ6141 went wrong side of the road and took left turn and struck the scooterist on its right and as a result of which, the scooterist got crushed between bus and the darga, awarded total compensation of Rs. 2,36,000/- with interest at 9% per annum from the date of filing the petition till the date of deposit of the amount into the Court. Aggrieved by the same, the APSRTC filed the present Civil Miscellaneous Appeal. 3. The learned counsel appearing for the appellants-Corporation contended that the Court below ought to have seen that there was contributory negligence on the part of the deceased and the Court below erred in fixing the monthly income of the deceased at Rs. 1,500/- per month. 4. Heard the learned counsel appearing for the claimants and also perused the entire material made available on record. 5. As seen from the record, it is no doubt true that due to rash and negligent driving of the APSRTC bus bearing No. AAZ 6141 by it driver, the accident occurred and due to which, the claimant sustained severe injuries and he died while undergoing treatment on 31.12.2000. As far as the claim of compensation is concerned, according to PW-1 the deceased was doing business of Textile and printing and earning net income of Rs. 4,000/- per month and Ex. A5 does not disclose what would be the profit for the sale of the textiles per month but stated that the deceased was earning Rs. 5,000/- to 6,000/- per month. Taking into consideration Ex. A5, the income certificate, ends of justice would be met if the earnings of the deceased is fixed at Rs. 5,000/- per month and per annum it comes to Rs. 60,000/-. As per Ex. A4, postmortem certificate, the approximate age of the deceased mentioned as 27 years and he is a bachelor therefore, 50% of the income should be deducted towards personal and living expenses of the deceased as per the judgment of the Supreme Court report in SARALA VERMA VS. DELHI TRANSPORT CORPORATION[1] and if deducted the amount comes to Rs. 30,000/- (60,000x50/100). As the age of the mother of the deceased is 46 years, the relevant multiplier for the age group 46 years to 50 years is 13 as per the judgment of the Supreme Court report in SARALA VERMA VS. DELHI TRANSPORT CORPORATION (supra-1) and if applied the same, the amount comes to Rs. 3,90,000/- (30,000x13= 3,90,000). 6. Accordingly, this appeal filed by the appellant- APSRTC is dismissed. As far as the interest is concerned, the rate of interest granted by the Tribunal at 9% per annum is reduced to 7% per annum. There shall be no order as to costs. _________________________ GHULAM MOHAMMED, J Date : 23.12.2010 KA [1] 2009 (6) scale 129