THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL MISCELLANEOUS APPEAL No.2934 of 2003 Dated 20th January, 2011 Between: A.P.S.R.T.C. represented by its Depot Manager, Vizianagaram and other …Appellants And Gidijala Guramma and others …Respondents Counsel for the Appellants: Sri Appaiah Sarma, standing counsel for A.P.S.R.T.C. Counsel for respondent Nos.1 to 4: Sri Jayanti S.C. Sekhar Counsel for respondent Nos.5 and 6: -- The Court made the following: JUDGMENT: This civil miscellaneous appeal arises out of the award dated 31.03.2003 in M.V.O.P.No.793 of 2001 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Vizianagaram (for short ‘the Tribunal’). Respondent Nos.2 and 3 in the O.P. are the appellants in this C.M.A. Respondent Nos.1 to 4 herein, who are the legal heirs of one Gidijala Narasimhulu, who died in an accident involving the bus of the appellants and driven by respondent No.5 on 06.01.2000 filed the above noted O.P. claiming compensation of Rs.6,50,000/- for the death of the deceased. The Tribunal framed the following issues: “1. Whether the accident occurred due to rash and negligent driving of the driver of APSRTC Bus bearing No.AP 9Z 4360 by respondent No.1 driver? 2. Whether the petitioner is entitled for compensation, if so, from which of the respondents? 3. To what relief?” On issue No.1, the Tribunal has held that the accident occurred due to rash and negligent driving of respondent No.5 and that there was no negligence on the part of the deceased, who was driving the auto at the time of the accident. Under issue No.2, it has arrived at a total sum of Rs.2,10,000/- as compensation, which comprises Rs.1,80,000/- towards loss of dependency, Rs.10,000/- towards consortium and Rs.20,000/- towards damages to the auto and other incidental expenses. At the hearing, Sri Appaiah Sarma, learned standing counsel for A.P.S.R.T.C. appearing for the appellants, has contended that the findings of the Tribunal on both the issues cannot be sustained. Sri Jayanti S.C. Sekhar, learned counsel for respondent Nos.1 to 4 opposed this contention and submitted that the evidence on record clearly showed that the accident had occurred on account of rash and negligent driving of respondent No.5 and that the compensation fixed by the Tribunal is too meagre which warrants interference of this Court. As regards the finding on issue No.1, the Tribunal relied on Ex.A1 - F.I.R, Ex.A3 - the Motor Vehicles Inspector’s report, Ex.A4 - charge sheet and Exs.A5 and A6 – photographs of the damaged auto driven by the deceased apartfrom relying on evidence of P.Ws.1 and 2 in coming to the conclusion that the accident occurred on account of rash and negligent driving of respondent No.5, the driver of the offending bus. The learned standing counsel is unable to point out any flaw in the reasoning of the Tribunal in arriving at this conclusion. I am, therefore, of the opinion that this finding of the Tribunal does not call for any interference. With regard to the quantum of compensation awarded by the Tribunal, the evidence on record shows that the deceased owned the auto which was involved in the accident and that he was making his living by driving the auto himself. He was aged 35 years. The Tribunal has taken Rs.1,000/- per month as the deceased’ contribution to his family from out of his income and the multiplier of ‘15’. Even adopting the most stringent view, the estimate of Rs.1,000/- in the absence of any evidence cannot be stated to be on a high side. Similarly, having regard to the evidence on record including two photographs - Exs.A5 and A6, the Tribunal has estimated the damage to the auto and also towards transport and other incidental expenses at Rs.25,000/- which in my opinion is just and reasonable. On an overall consideration of the entire case, I am of the view that the award passed by the Tribunal is completely justifiable and the same does not warrant any interference. For the aforementioned reasons, the C.M.A. is dismissed without costs. ________________________ C.V.NAGARJUNA REDDY, J 20th January, 2011 GHN