HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No.1152 of 2008 Date:24-06-2011 Between: Andhra Pradesh State Road Transport Corporation and another …. Appellants And Rihana Begum and others ……. Respondents HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No.1152 of 2008 JUDGMENT: This Appeal is filed against the order dated 26-09-2007 passed in O.P.No.1632 of 2004 on the file of the Motor Accident Claims Tribunal, Nizamabad. The appellants herein are the respondents-APSRTC in the said O.P. For convenience sake, the parties hereinafter will be referred to as they are arrayed before the Tribunal. 2. The brief facts of the case are that on 09-11-2004 at about 9-00 AM, the deceased by name Shaik Pasha was driving the auto bearing No.AP 25U 5271 from Khudavandpur towards Nandipet side and while so, when he reached at Nadipet village sivar near Devanna gudi, a bus bearing No.AP 10Z 1110 came at high sped and dashed against the auto, as a result of which the deceased suffered serious injuries and died on the spot and the auto totally damaged. Therefore, the petitioners filed the O.P. claiming compensation of Rs.10,00,000/- under all the heads. 3. During the course of trial, on behalf of the petitioners PWs.1 to 3 were examined and Exs.A-1 to A-5 were marked. On behalf of the respondents, RW-1 was examined, however, no documents were marked. The Tribunal, after considering the evidence adduced by both sides, granted the total compensation of Rs.4,06,000/- with interest at 7.5% per annum from the date of filing the petition till the date of realisation. Aggrieved by the same, the respondents therein filed the present appeal. 4. The learned counsel for the appellants mainly urged that the compensation granted by the Tribunal is excessive and without any basis and therefore, the same is liable to be reduced. 5. The learned counsel for the respondent supported the order of the Tribunal and urged that the Tribunal rightly appreciated the evidence on record and granted the compensation and there are no grounds to interfere with the same. 6. Now the point for consideration is whether there are any grounds to reduce the compensation granted by the Tribunal? 7. The factum of the accident is not disputed. The petitioners seem to be seven in number. They filed the petition claiming compensation of Rs.10,00,000/- for the death of the deceased in a motor accident on 09-11-2009. Petitioners 1 and 4 are the wives of the deceased. PW-1 was examined in order to prove that the petitioner was earning Rs.18,000/- per month by doing agriculture and by running auto rickshaw. However, while evaluating the evidence of PWs.1 and 2, the Tribunal took the income of the deceased as Rs.3000/- per month and calculated the compensation accordingly. The Tribunal also granted Rs.10,000/- towards loss of consortium to the petitioners 1 and 4 and another sum of Rs.10,000/- towards loss of love and affection. 8. Having regard to the evidence on record in particular the evidence of PWs.1 to 3, the compensation granted by the Tribunal is quite just and reasonable. Therefore, I see no grounds to interfere with the order of the Tribunal and thereby the appeal is liable to be dismissed. 9. In the result, the M.A.C.M.A. is dismissed. No costs. _______________ K.S. APPA RAO, J Date:24-06-2011 YCR