Allowed

The Apsrtc., v. Avula Srinivasa Rao S/o. Somayya

Andhra Pradesh HC27 Feb 2020MACMA/2777/2012

Case brief

AI extract

What is this about?

The Court enhanced the compensation awarded to claimants for the death of a deceased employee beyond the claimed amount, relying on settled law that allows just compensation exceeding claims. The appeal by the APSRTC was dismissed while the claimants' appeal was allowed.

What did the court decide?

Award of an additional Rs.2,00,000/- towards compensation with interest at 6.5% per annum from the date of filing of the claim petition till realization.

The Apsrtc., Vs Avula Srinivasa Rao S/o. Somayya — Motor Accident Claims | Andhra Pradesh HC (2020)

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THE CHIEF JUSTICE J.K. MAHESHWARI

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M.A.C.M.A.Nos. 2777 of 2012 and 541 of 2014

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MACMA No.2777 of 2012

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Between:

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The APSRTC rep. by its Managing Director, Musheerabad, Hyderabad, Andhra Pradesh … Appellant and Avula Srinivasa Rao and two others … Respondents

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Sri K. Satyanarayana Murthy, learned standing counsel for the appellant

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Sri V. Padmanabha Rao, learned counsel for the respondents.

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MACMA No.541 of 2014

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Between:

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Avula Srinivasa Rao and two others … Appellants and Andhra Pradesh State road Transport Corporation, rep. by its Managing Director, Musheerabad, Hyderabad, Andhra Pradesh … Respondent

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Sri V. Padmanabha Rao, learned counsel for the appellants

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Sri K. Satyanarayana Murthy, learned counsel, represents Sri P. Durga Prasad, learned standing counsel for the respondent

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MACMA Nos.2777/2012 & 541/2014 HCJ

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COMMON ORDER (ORAL)

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Date: 27.02.2020

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MACMA No.2777 of 2012 is filed by APSRTC, while MACMA No.541 of 2014 is filed by claimants. Both these appeals are arising out of the order, dated 11.05.2012, passed by the Motor Vehicles Accidents Claims Tribunal-cum-V Additional District Judge, Vijayawada, in M.V.O.P.No.921 of 2007, awarding a sum of Rs.5,00,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of realization, in a case of death of the deceased, namely, Avula Indira, who is wife of claimant No.1.

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After hearing learned counsel appearing on behalf of both the parties and looking to the fact that the deceased was working in Reliance Fresh, Pipula Road at Santhi Nagar, and getting a salary of Rs.3,500/- per month, if we take the wages of the deceased at Rs.3,500/- per month and further add to it a sum of Rs.1,500/- towards future prospects looking to her age, and deduct 1/3^rd thereof, annual income comes to Rs.40,000/- and after applying multiplier “16”, which is applicable to the age group of the deceased, loss of dependency comes to Rs.6,40,000/- and Rs.60,000/- is further added towards conventional heads, the total compensation to be awarded comes to Rs.7,00,000/-.

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However, the Tribunal has restricted the award to a sum of Rs.5,00,000/-, as the claimants have only claimed Rs.5,00,000/-.

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It is settled law that in view of the judgment of the Supreme

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Court in the case of Nagappa Vs. Gurudayal Singh and others¹

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1 2003 ACJ 12 (SC)

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MACMA Nos.2777/2012 & 541/2014 HCJ

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and Ramla Vs. National Insurance Company² , there is no restriction that the Court cannot award compensation exceeding the claimed amount, since the function of the Tribunal or Court under Section 168 of the Motor Vehicles Act, 1988 is to award ‘just compensation’.

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Considering the aforesaid, the order passed by the Tribunal is modified by awarding Rs.2,00,000/- (Rupees two lakhs only), in addition to the compensation already awarded by the Tribunal. The enhanced compensation amount shall carry interest at the rate of 6.5% per annum from the date of filing of the claim petition till realization.

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In view of the foregoing, the MACMA No.2777 of 2012 filed by APSRTC stands dismissed and the MACMA No.541 of 2014 filed by the claimants is allowed.

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As a sequel, all the pending miscellaneous applications shall

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stand disposed of. There shall be no order as to costs.

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J. K. MAHESHWARI, CJ

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cbs

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2 (2019)2 SCC 192

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MACMA Nos.2777/2012 & 541/2014 HCJ

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CHIEF JUSTICE J.K. MAHESHWARI

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M.A.C.M.A.Nos. 2777 of 2012 & 541 of 2014

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cbs

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MACMA Nos.2777/2012 & 541/2014 HCJ

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The Apsrtc., v. Avula Srinivasa Rao S/o. Somayya

Case brief

What is this about?

What did the court decide?

The Apsrtc., v. Avula Srinivasa Rao S/o. Somayya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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