THE HON’BLE SRI JUSTICE B.N.RAO NALLA C.M.A.No.3724 of 2002 JUDGMENT: This appeal is filed by the Andhra Pradesh State Road Transport Corporation (for short ‘APSRTC’) against the order dated 10.06.2002 in M.V.O.P.No.574 of 1999 on the file of the Motor Vehicles Accidents Claims Tribunal–cum-II Additional District Judge, Guntur, whereby and whereunder an amount of Rs.1,50,000/- was granted as total compensation in favour of the claimants. As Rs.52,000/- was already received by the claimants as ex-gratia, the appellant was ordered to pay the balance amount of Rs.98,000/- with interest at 9% per annum from the date of the petition till the date of realisation. 2. The facts leading to the filing of this appeal can be summarized as follows: On 8.3.1993, the deceased boarded APSRTC bus bearing No.AP-9Z-4236 at Miriyalaguda to go to Chilakuluripet. When the bus reached near Kavuru village at about 4.40 a.m., the fire was broken out in the bus while the passengers were under deep sleep resulting the death of the deceased and 14 others. The accident was caused due to the negligent act of the driver and the conductor of the APSRTC bus by permitting the inflammables into the bus. The APSRTC also failed to maintain the emergency doors and other safety measures to avert such kind of accident. The Police, Chilakaluripet Rural registered a case in Crime No.19/93. The deceased was a tailor-cum-cloth businessman and he was earning Rs.3,000/- per month . The claimants lost their dependency due to the untimely death of the deceased. Therefore, the APSRTC is vicariously liable to pay compensation for negligent act of their employees. 3. The appellant-APSRTC filed counter denying the averments made in the claim petition. It is stated that the subject matter of this case is not covered by the Motor Vehicles Act as there is no rashness or negligence on the part of the driver or conductor of the bus. The incident occurred only due to the act of miscreants, against whom a case was registered in Crime No.19/93 and ultimately they were convicted and sentenced to death. No case was registered against the driver or conductor of the bus and also no complaint was given by any of the passengers travelling in the offending bus at the time of the incident. The claimants had received Rs.50,000/- towards full and final settlement, as such, the question of seeking compensation from APSRTC would not arise. Further, the amount claimed by the claimants is excessive. 4. During the course of trial, on behalf of the claimants, PWs 1 and 2 were examined and Exs.A.1 to A.4 were marked. On behalf of the appellant-APSRTC, RW.1 was examined and Exs.B.1 to B.4 were marked. 5. The learned standing counsel for the appellant-APSRTC contends that though the monthly earnings of the deceased are stated to be at Rs.3,000/-, there is no material on record to show that he was earning such an amount per month, though, he was alleged to be carrying on the business of tailoring-cum-cloth business. He further contends that the interest awarded at the rate of 9% per annum is on the higher side and the same is liable to be reduced. He lastly contended that the amount of compensation may reasonably be reduced. 6. Per contra, the learned counsel for the respondents-claimants, who are wife and two daughters of the deceased, submits that the subject matter of this appeal forms part of the decision of this court in APSRTC v. P.Venkat Rao and others [1] and consider this appeal on the same lines and dispose of accordingly. 7. Heard the learned on either side and perused the record. 8. A perusal of the decision reported in APSRTC v. P.Venkat Rao and others (supra), it is seen that this appeal arises out of the same incident which was the subject matter of CMA Nos.2692 of 1998, 2617 of 1998, 1992/2000, 1997 of 2000, 1999 of 2000, 2000 of 2000 and 2125/2000. Out of which, the C.M.A Nos. 2617 of 1998, 1992 of 2000, 1997 of 2000, 1999 of 2000, 2000/2000 and 2125 of 2000 filed by the APSRTC were dismissed by order dated 24.4.2001 and the same has attained finality. 9. As far as the contention of the learned standing counsel for the APSRTC with regard to income of the deceased is concerned, when there is no proof of the income of the deceased, the lower Tribunal taking into consideration the Second Schedule to Section 163-A of the Motor Vehicles Act has fixed his annual income at Rs.15,000/-, out of which 1/3rd was deducted towards his personal expenses and thus the loss of dependency would come to Rs.10,000/-. By applying appropriate multiplier ‘17’, the Tribunal granted Rs.1,70,000/- (Rs.10,000/- x 17=1,70,000/-) towards loss of dependency. Further, the Tribunal taking into consideration the facts and circumstances awarded Rs.15,000/- towards loss of consortium and loss of estate. However, since the claimants restricted their claim to Rs.1,50,000/-, the Tribunal awarded a total compensation of Rs.1,50,000/- with interest at 9% per annum. 10. In the circumstances, this court is not inclined to interfere with the impugned order and accordingly, the C.M.A. is dismissed. ​ ​_______________ B.N.RAO NALLA,J 06-08-2010 Stp [1] 2001 (4) ALT 466