IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD WEDNESDAY, THE FOURTEENTH (14TH) DAY OF JULY, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATH M.A.C.M.A.No.2861 of 2008 Between: The Depot Manager, APSRTC, Khammam Depot & another … Appellants And: R. Bala Subba Reddy & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATH M.A.C.M.A.No.2861 of 2008 JUDGMENT: This appeal is directed against the order dated 13.12.2006 passed in MVOP No.667 of 2005 on the file of the Motor Accidents Claims Tribunal cum District Judge, Khammam, wherein, the claim of the respondents herein, was allowed granting compensation of Rs.3,86,000/- with interest at 7.5% per annum from the date of petition. 2. Heard both sides. Perused the record. 3. The respondents herein filed a claim application seeking compensation of Rs.6,00,000/- on account of the death of their son R.Venkata Narasimha Reddy, who died in a motor vehicle accident that occurred on 16.11.2004 in front of B.P.L. Lorry yard. According to the claimants, the deceased was worker-trainee in ITC Paper Boards, Bhadrachalam and was aged 20 years and was getting stipend of Rs.2,250/- per month. On 16.11.2004 at about 8.30 a.m., while the deceased was going to the place of work, APSRTC bus bearing No.AP 11 Z 3756 proceeding towards Bhadrachalam driven in a rash and negligent manner by its driver, dashed against the deceased on the rear side, as a result of which, the deceased sustained crush injury on the head and died on the spot. A case was registered against the driver of the bus in Cr.No.163 of 2004 by Burgampahad Police. 4. The appellant-APSRTC filed a counter, opposing the claim and denying their liability to pay the compensation. 5. On the strength of the pleadings, the Tribunal framed the following issues for trial. (1) Whether the accident took place due to rash and negligent driving of the driver of the vehicle, RTC bus bearing No.AP 11 Z 3756 by its driver? (2) Whether the petitioners are entitled to claim any compensation, if so to what amount and from which of the respondents? (3) To what relief? 6. During enquiry, PWs.1 and 2 were examined and Exs.A.1 to A.5 were marked on behalf of the claimants. No oral or documentary evidence was adduced on behalf of the APSRTC. 7. On a consideration of the evidence available on record, the Tribunal held on issue No.1 that the accident occurred due to the rash and negligent driving of the bus by its driver. The Tribunal further held that the claimants are entitled for a total compensation of Rs.3,86,000/- Accordingly an award was passed for the said amount with interest at 7.5% per annum from the date of petition. Aggrieved by the said award, APSRTC filed the present appeal. 8. Learned standing counsel for the appellant-APSRTC would contend that the Tribunal erred in taking the income of the deceased at Rs.3,000/-. As per Ex.A.5 certificate, the deceased was drawing stipend of Rs.2,250/- per month. 9. It is not disputed that the deceased was working only as worker-trainee in ITC Paper Board and was getting stipend of Rs.2,250/- per month. Ex.A.5 certificate also shows the same. When that is so, the Tribunal erred in taking the income of the deceased as Rs.3,000/- per month. The Tribunal, however has correctly taken the age of the mother of the deceased at 38 years into consideration and after deducting 1/3rd from the income of the deceased applied the relevant multiplier at ‘16’. The Tribunal, however, erred in taking the income of the deceased at Rs.3,000/- per month while estimating the loss of dependency. As per Ex.A.5 certificate, the income of the deceased was Rs.27,000/- per annum (Rs.2,250/- per month x 12). After deducting 1/3rd thereof towards personal expenses of the deceased, the actual loss of dependency comes to Rs.2,88,000/- (Rs.27,000/- - 1/3rd = Rs.18,000/- x multiplier 16). The Tribunal awarded a sum of Rs.2,000/- towards transport charges and another sum of Rs.2,000/- towards funeral expenses. Thus in all, the claimants are held entitled for a sum of Rs.2,92,000/- (Rs.2,88,000/- + Rs.2,000/- + Rs.2,000/-) as compensation, with interest at 7.5% per annum from the date of petition. The impugned award passed by the Tribunal is modified accordingly. 10. In the result, the appeal is allowed in part to the extent stated above. ___________________ G.V.SEETHAPATHY, J Date: 14.07.2010 bss