THE HONOURABLE SRI JUSTICE A. GOPAL REDDY AND THE HONOURABLE SRI JUSTICE B. CHANDRA KUMAR C.M.A. NO. 2430 OF 2003 JUDGMENT: (per Hon’ble Sri Justice A. Gopal Reddy) This appeal by the APSRTC is directed against the judgment and decree passed by the Motor Accidents Claims Tribunal-cum- Principal District Judge, Kurnool in M.V.O.P. No. 414 of 2001, dated 27.01.2003. The respondents-claimants filed the above OP claiming compensation for the untimely death of G. Venkataratnam, husband of the first respondent and father of respondents 2 and 3 and son of the fourth respondent. On the fateful day i.e., on 02.03.2001 at about 7.30 PM, while the deceased, who was working as an Enforcement Officer in Employees Provident Fund Organization, Karimnagar, was returning to Karimnagar from Godavarikhani on a Hero Honda Motor Cycle driven by him along with his co-officer R. Sanjeeva Reddy, and when they were crossing the rice mill on Rajiv Highway road, the bus bearing No. AP 10 Z 1659, belongs to the Corporation, came in opposite direction and dashed against the motor cycle, as a result of which the deceased and the pillion rider fell down and the deceased sustained serious bleeding injuries on the head and other parts of the body and the pillion rider also sustained injuries. The injured were taken to the Government Hospital, Karimnagar, where the deceased died due to multiple injuries received by him. On the information received, the police registered a case in Cr.No.39 of 2001 of Sultanabad Police Station against the driver of the offending vehicle for the offences punishable under Sections 304-A and 338 IPC. Hence, the respondents-claimants claimed Rs.15,00,000/- towards compensation under various heads due to the untimely death of the deceased. The Corporation filed counter denying the allegations of the claimants and pleaded that there is no rashness or negligence on the part of the bus driver and the deceased was solely responsible for the accident as he tried to over take the vehicle going ahead and came in contact with the Bus, therefore the Corporation is not liable for any compensation and pleaded for dismissal of the OP. On the above pleadings, the following issues were settled for trial. 1. Whether the accident that occurred on 02.03.2001 at 7.30 PM near Katnepalli village outskirts in Karimnagar District on Rajiv High-way, was on account of the rash and negligent driving of the bus AP 10Z 1659 by its driver or was due to rashness and negligence of the deceased or of both? 2. Whether the petitioners are entitled for the claimed compensation ofRs.15,00,000/-? If not, how much? 3. To what relief? To prove the case of the claimants, the first claimant herself was examined as PW.1 and the pillion rider was examined as PW.2 and Exs.A1 to A8 were marked and one C. Subbarayudu, the Clerk of the Employees Provident Fund Organization, was also examined as PW.3 and through him Ex.X1 was marked. On behalf of the Corporation, the driver of the bus was examined as RW.1, but no documents were marked. The lower Court, after considering the oral and documentary evidence, particularly the evidence of PW.2, the injured eye witness to the incident and Exs.A1 to A5, came to the conclusion that the driver of the bus was negligent in driving the bus in a rash and negligent manner which resulted in the accident and disbelieved the evidence of RW.1, the driver, that the bus was not involved in the accident on that day. Since it is not in dispute that the deceased was working as an Enforcement Officer in the Employees Provident Fund Organization and as on the date of his death he was drawing gross salary of Rs.9,532/- as per Exs.A6 and A7, the annual income of the deceased was assessed at Rs.1,14,384/- and after deducting 1/3rd towards his personal expenses, the annual contribution of the deceased to his family was assessed at Rs.76,256/- and by applying the ‘13’ multiplier, the loss of earnings were fixed at Rs.9,91,328/-, besides awarding Rs.5,000/- towards loss of consortium to the first claimant, Rs.2,000/- towards funeral expenses and Rs.2,500/- towards loss of estate. In all, total compensation of Rs.10,00,828/- was awarded. Questioning the quantum of compensation, the present appeal has been filed. Smt. W.V.S. Rajeswari, learned Standing Counsel for the APSRTC, seriously contended that as per the evidence of RW.1, the vehicle was not involved in the accident and the police booked a case against him after four days of the accident. The lower Court, only taking into consideration the arrest of the driver and keeping the bus in the police station for three days, concluded that the bus was involved in the accident, and therefore, the Corporation is not liable to pay the compensation. We do not see any merit in the above contention for the reason that each depot will maintain a trip sheet of the buses with timings and route on which the vehicles are plying on the particular day. Though the said evidence is available with the Corporation, the same has not been produced by it. Therefore, an adverse inference can be drawn for not producing the said evidence. Further, the evidence adduced by the Corporation in the form of RW.1 is only an after thought and the same cannot be believed for the reason that in the counter filed by the Corporation they have not denied the accident but denied the rash and negligent driving on the part of the bus driver and stated that it is only the deceased, who was solely responsible for such accident. Therefore, the evidence of RW.1 that the vehicle was not involved in the accident on the said date cannot be countenanced. The above evidence is contrary to the pleadings as such no credence can be given to the same. In view of the same, the lower Court has rightly concluded that the offending vehicle was involved in the accident and the same was driven by RW.1 in a rash and negligent manner. Coming to the quantum of compensation, when once it is established that the deceased was drawing gross salary of Rs.9,532/- per month, the only deduction which has to be made from the said salary is income tax, but the salary certificates do not indicate any deductions towards income tax. The other deductions, namely the instalments of the loans etc., availed by the deceased, cannot be deducted in computing the loss of income of the deceased. Recently, in case of Sarla Verma v. Delhi Transport Corporation[1], the Supreme Court held that when the deceased had a permanent job and was aged 40 to 50 years, an addition of 30% of actual salary to the actual salary income of the deceased towards future prospects has to be taken, and the multiplier applicable for the age group of 46 to 50 is only ‘13’. The Tribunal has not taken into consideration the future prospects, but has rightly applied the multiplier ‘13’. Apart from that, the claimants are entitled to consortium of Rs.10,000/-, but the lower Court awarded only Rs.5,000/-. However, since there is no appeal or cross-objections filed by the claimants seeking enhancement, the amount awarded by the lower Court does not call for any interference. In view of the same, the appeal fails and is, accordingly, dismissed. No costs. ________________ A. GOPAL REDDY, J. ___________________ B. CHANDRA KUMAR, J. Dt.27.08.2009 Nsr [1] 2009 ACJ 1298