Allowed

M. Shanthamma and 3 Others v. Apsrtc, Hyd and Another

Telangana HC28 Feb 2023MACMA/1999/2012

Case brief

AI extract

What is this about?

The High Court allowed an appeal under Section 173 of the Motor Vehicles Act, enhancing compensation for death caused by an RTC bus accident from Rs. 3.90 lakhs to Rs. 11.26 lakhs, setting income at Rs. 4,500 p.m. due to supply-side neglect by claimants.

What did the court decide?

Compensation enhanced to Rs. 11,26,200; interest at 7.5% p.a.; deposit ordered within 8 weeks.

M. Shanthamma and 3 Others Vs Apsrtc, Hyd and Another — Motor Accident Claims | Telangana HC (2023)

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[³²³⁰ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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M.A C.M.A. NO: 2132OF 2007

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AND M.A.C.M.A. NO: 1999 OF 2012

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MACMA NO.2132 0F 2007:

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Appeal under Section 173 of Motor Vehicles Act agalnst the Order and decree in MVOP No.230 of 2004 dated 271071200O on the file of the Court of the Chairman, Motor Accidents Claims Tribunal -cum- V Additional Metropolitan Sessions Judge Mahila Court-cum- XIX Additional Chief Judge, City Criminal Court at Hyderabad.

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Between:

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The APSRTC, rep., by Managing Director, Head Quarters, lt/usheerabad, Hyderabad.

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The Depot Manager, APSRTC., Nalgonda, Nalgonda Diskict.

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...APPELLANTS/ RESPONDENTS

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'l . Smt. Santhamma, Wo.Late Minumula Arogyaswamy Housewife

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Minimula Monika Jyothi, D/o.Late Minumula Arogyaswamy aged about B years, Student (rep., by her natural mother Smt. Santhamrtra who is the 1"' Respondent)

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ltilinimula Antony Vamsikumar, S/o.Late Minumula Arogyaswamy aged about 6 years, Student (rep., by his natural mother Smt. Santhamma, who is the l'' Respondent)

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Minimula Papaiah, S/o.late lvlarappa Occ: Nil (All are Residing at H.No.1-8-1lD.1, Sriramanagar, Nallakunta, Hyderabad10.)

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...RESPONDENTS/ PETITIONERS

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For the Appellants : SRI THOOM SRINIVAS, Advocate

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For the Respondents : SRI M.RAMALINGESWARA REDDY, Advocate

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MACMA NO.'t999 0F 2012:

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Appeal under Section 173 of Motor Vehicles Act against the Order and decree in MVOP No.230 of 2004 daled 2710712006 on the file of the Court of the Chairman,

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lvlotor Accidents Claims Tribunal -cum- V Additional Metropolitan S,-'ssions Judge, (Mahila Court)-cum- XIX Additional Chief Judge, City Civil Court, at H1'derabad.

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Between:

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Smt. Shanthamma, Wo.Late Arogyaswamy Housewife R/o. H.l,,lo.1-8-1/D.1, Sriramanagar, Nallakunta, Hyderabad.

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M.Monika Jyothi, Dio.Late Arogyaswamy aged about 14^years, Student^rep., by her mother M.Shanthamma F/o. H.No.1-8-1/D.1, Sriramanal;ar, Nallakunta, Hyderabad.

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M.Antony Vamshi Kumar, S/o.Late Arogyaswamy aged about 12yearc, Student rep., by his mother Santhamma Rlio. H.No.1-8-1/D.1, Sriramanagar, Nallakunta, Hyderabad.

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(2 & 3 being minors rep. by Appellant No.'l )

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M.Papaiah, S/o.late Marappa (died) R/o. H.No.1-8-1/D.1, Srirarnanagar, Nallakunta' Hyderabad-

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...AppELLANTsi/ .LATMANTS

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APSRTC, rep., by its [\ilanaging Director, Head Quarters, Musheerabad, Hyderabad.

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APSRTC, rep. by its Depot Manager, Nalgonda Depot, Nalgonda, Nalgonda District.

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.,.RESPONDENTS/ RESPONDENTS

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For the Appellants : SRI M.RAMALINGESWARA REDDY, Advocate

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For the Respondents : SRI THOOM SRINIVAS, Advocate

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The Court delivered the following : COtt/MON JUDGMENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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MA CMA No.2132 of 2007 and MA CMA NO.1I 99 ot 2012

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COMMON JUDGMENT:

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Since both these appeals arise out of the same award, they are being disposed of by this common judgment.

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MA CMA No.2132 of 2OO7 is prefened by the appeltants_RTC aggrieved by the award and decree dated 27_07_2006 in O.p.No.230 of 2OO4 on the file of the V Additional Metropolitan Sessions Judge (tt/ahila Court)-cum-XlX Additional Chief Judge, City Criminal Courts at Hyderabad. MA CMA No..lg99 of 2012 is filed by the claimants seeking enhancement of the compensation awarded by the Court below in the said OP.

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Heard learned Standing Counsel for the appellants_RTC Mr. Thoom Srinivas and leaned counsel for the claimants IV,lr. M. Ramalingeswara Reddy and perused the record.

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The brief facts are that on 11-07-2003 at about 1_30 pM., while the deceased Arogyaswamy was going on his scooter from Chintalkunta, L.B.Nagar, towards Autonagar to attend his work and when he reached near lndira Nagar Cross Road, Hyderabad, one RTC bus bearing No.AP-10-Z-1 1 60 driven by its driver in a rash and negligent manner dashed his vehicle from its behind, as a result, he fell down and sustained grievous injuries and immediately he was shifted to Osmania General Hospital; Hyderabad, where doctors declared his

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2 LK, J t.4A ClMA.No.2l32 of 2007 & 1999 ot 20'12

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-/_

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death. The claimants have filed OP claiming compensation of Rs.7,36,0001 for the death of the deceased in the accident.

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The respondents-RTC filed counter denying the mzrnner of accident, rash and negligent driving of the driver of the crimer vehicle causing the death of the deceased and his age, avocation and income. It is stated that the alleged accident occurred due to the neglilyence of the deceased only but not due to the negligent driving of the Jriver of bus. lt is stated that the amount claimed is highly excessive.

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The Cou( below on analyzing the oral and documentary evidence has granted compensation of Rs.3,90,0001 with interest at 7% per annum from the date of petition till the date of deposit.

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During pendency of the appeal, the claimants have filed l.A.No.1 of 2022 in MA CMA No.2132 oI 2007 to declare claimant Nos.2 and 3 as majors by discharging their mother i.e., claimant No.1, as guardian and the same was allowed by order dated 28-02-2023.

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Learned counsel for the claimants submits that the deceased was working as borewell mechanic and earning a sum of Rs.5,000/per month and in this regard, the claimants have also examined his coworker as P.W.2, who has stated that the deceased was earninl; a sum of Rs.5,000/-, but the Court below has considered the incomr: of the deceased at Rs.3,0001 only and it ought to have taken his correct salary. He submits that the Court below instead of applying m ultiplier ."16'^{hasapplied "15' as the} deceased was 35^years as on the date of accident. He submits th-at even under the conventional heads also, the

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LK, J MA CMA.No.2132 of2007 & 1SS9of2012

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Court below has not granted reasonable amounts. He further submits that the compensation that was granted by the Court below is very meager.

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Learned Standing Counsel for the appellants-RTc submits that the accident occurred due to ,rash and negligent driving of the deceased and that aspect was not taken into consideration by the Cou( below. He submits that the Court below ought to have held that there was contributory negligence on the part of the deceased. He further submits that when there are four claimants, the Court below ought to have deducted 1/4th, but deducted 1/3'd towards personal expenses of the deceased. He also submits that the compensation that was awarded by the Cou( below is contrary to the evidence on record and contrary to the settled law.

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ln this factual backdrop, the point that arises for determination is whether the compensation awarded by the Court below to the claimants is^just and proper.

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The case of the claimants is that the deceased was working as borewell mechanic and earning a sum of Rs.5,0001 per month. However, they could not produce any evidence in support of that. As per the law laid down by the Apex Court in Ramachandrappa v. Manager, Royal Sundaram Alliance lnsurance Company Limitedl, even in case of a daily labourer, the Apex Court has taken monthly income at Rs.4,500/- without any evidence. ln this regard, as the

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'1zorr1^{ra scc 236}

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LK. J [4A CMA.No 2132 of2007 & 1999of2012

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claimants have not produced any evidence, the monthly inconre of the deceased can be taken at Rs.4,500/- per month. As the deceased was aged 35 years as on the date of accident, 4Oo/o lulure prosp()cts i.e., Rs.18001 can be added and then, it would come to Rs.6,30C/- and if 1l4th amount i..e, Rs.'15751 is deducted towards his personal expenses, it would come to Rs.4,7251-, and as the multiplier that is applicable is '16', the loss of dependency would come to Rs.4,7251-x12x16=9,07,2001-. Apart from that the claimants are entitled for a sum of Rs.33,000/- towards funeral expenses, Rs.44,000/.each to the claimants towards consortium i.e., Rs.1,76,0001 and Rs. 10,000/towards legal expenses. Thus in lotal, the claimants are entitled for compensation of Rs.1 1 ,26,2001 for the death of the decease,l in the accident.

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ln the light of the above discussion, the claimants are enlitled for

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compensation under the following heads;

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Loss of dependency Rs. 9,07,200/(Rs.4,7251-x12x16) 2. Funeral expenses Rs 33,000/3. Consortium Rs. 1,76,000/4. Legal expenses R. 10,000/-

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Total: Rs.'t1,26,12001

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ln the result, MA CMA No.2132 of 2007 is dismissed zLnd MA CMA No.1999 of 2012 is allowed enhancing the compensation itmount awarded by the Court below from Rs.3,90,0001 to Rs.11,26,200-.

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LK. J 5 MA CMA.No.2132 of²⁰⁰⁷ &^{1999 of 2012}

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(a) The enhanced amount shall carry interest at^{7.Soh per} annum^from the date of^petition till the date of^realization.

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(b) The claimants shall pay the Court fee on the enhanced^amount.

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(c) The respondents-RTC shall deposit the compensation^{within a} period of 8 weeks from the date of receipt of a copy of this iudgment. On such deposit and on^payment of^{Courtfee, the claimantsare} permitted to withdraw the compensation as apportioned^{by the Court} below without fumishing any security.

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'14. Miscellaneous petitions, if any^pending in the appeal and^the

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cross-objections shall stand closed.

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Sd/-MOHD. ISMAIL ASSISTANT REGISTRAR /ffRUE COPYII ab

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SECTION OFFICER

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The chairman,^{Motor Accidentsclaims Tribunal} -cum-^vAdditional Metropolitan Sessions^{JudgeMahilacourt-cum- XIX Additional chief Judge,} City Criminal Court^{at HYderabad.}

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z. Oie CC to Sri^{M.RamalingeswaraReddy,Advocate[OPUC]}

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One CC to^{Sr:i Thoom Srinivas, Advocate [OPUC]}

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Two CD CoPies

HIGH COURT

DATED:2810212023

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ORDER

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MACMA.No.2132 ol 2007 And MACMA.No.1999 ot 2012

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MACMA.No.2132 of 2007 lS DISMISSED And MACMA.No.19gg ot 2012lS ALLOWED.

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[³²³⁰¹

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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TUESDAY, THE TWENTY EIGHTH DAY OF^FEBRUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA^KANNEGANTI

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M.A.C.M.A. NO: 2132OF 2007

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AND

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M.A.C.M.A. NO: 1999 OF 2012

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MACMA NO.2't32 0F 2007:

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Between:

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The APSRTC, rep., by Managing Director,^Head Quarters,^Musheerabad, Hyderabad.

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rhe Depot Manaser, APSRrc., Nalgonda,.Nals;EtlRli+5)

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_ESpoNDENrs

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Smt. Santhamma, Wo.Late Minumula Arogyaswamy Housewife

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Minimula Monika Jyothi, D/o.Late Minumula Arogyaswamy^{aged about 8} ^, years, Student (rep., by her natural mother Smt. Santhamma who is the^1"' Respondent)

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trilinihula Antony Vamsikumar, S/o.Late Minumula^{Arogyaswamy aged abou-!} 6 years, Studeni (rep., by his natural mother Smt.^{Santhamma, who is the 1''} Respondent)

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Minimula Papaiah, S/o.late Marappa Occ: Nil (All are Residing at H.No.1-8-1/D.1, Sriramanagar, Nallakunta, Hyderabad10 )

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...RESP.NDENTS/ PET'TI.NERS

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MACMA NO.'t999 0F 2012:

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Between:

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Smt. Shanthamma, W/o.Late Arogyaswamy Housewife F/o. H-No.1-8-1/D.1, Sriramanagar, Nallakunta, Hyderabad.

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M.Monika Jyothi, D/o.Late Arogyaswamy aged about 14 years, Student rep., by her mother M.Shanthamma R/o. H.No.1-B-1/D.1, Sriramanagar, Nallakunta, Hyderabad.

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M.Antony Vamshi Kumar, S/o.Late Arogyaswamy aged about 12^years, Student rep., by his mother Santhamma R/o. H.No.1-8-1lD.'1 , Sriramanagar, Nallakunta, Hyderabad.

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(2 & 3 being minors rep. byAppellant No.1)

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M.Papaiah, S/o.late Marappa (died) F/o. H.No.1-8-1/D.1, Sriramanagar, Nallakunta, Hyderabad.

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...APPELLANTS/ CLATMANTS And

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APSRTC, rep., by its Managing Director, Head Quarters, Musheerabad, Hyderabad.

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APSRTC, rep. by its Depot Manager, Nalgonda Depot, Nalgonda, Nalgonda District

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...RE''.NDENTS/ RES'.NDENTS

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Appeal under Section 173 of Motor Vehicles Act against the Onjer and decree in MVOP No.230 of 2004 dated 271O712006 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal -cum- V Additional Metropolitan Sr..ssions Judge, (Mahila Court)-cum- XIX Additional Chief Judge, City Civil Court, at Hyderabad.

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ORDER: This appeal coming on for hearing and upon^perusing the^grounds of appeal, the Judgment and decree of the Lower Court and the material^papers in the case and upon hearing the arguments of Sri M.Ramalingeswara Reddy, Advocate for the Appellant and of Sri Thoom Srinivas, Advocate for the Respondent

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This Court doth Order and decree as follows

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'l . That the MACMA be and hereby is dismissed and Appeal i.e., MACMA No.2132l2OO7 and allowing the next appeal i.e., MACMA No.1999 of 2012 enhanced the compensation amount awarded by the Court front Rs.3,90,000/to Rs.11,26,200/-

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\hat the enhanced amount shall carry interest at 7.5o/o^per annum from the date of petition till the date of petition till the date of reeLlization. The respondents shall deposit the compensation within a^period of 8 weeks from the date of receipt of a copy of the^judgment. on such deposit atrd on^payment Court fee the claimants are permitted to withdraw the cornpensation as apportioned by the Court below without furnishing any security.

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That save as aforesaid, the decree of the Lower Court shall starnds confirmed in all other respects; and

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That there be no order as to costs in this appeal.

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Sd/-t\4OHD. ISMAIL ASSISTADLT REGISTRAR //TRUE COPY// (41 SECTION OFFICER

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The Chairman, lvlotor Accidents Claims Tribunal -cum-^{V Additional} Metropolitan Sessions Judge, (Mahila Court)-cumXIX Aclditional Chief Judge, City Civil Court, at Hyderabad.

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Two CD Copies

Kj.

HIGH COURT

DATED:,2810212023

DECREE

MACMA.No.2132 ot 2007 And MACMA.No.1999 ot 2012

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MACMA.No.2132 of 20O7 lS D|SM|SSED And MACMA.No.1999 ol 20121S ALLOWED.

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C-)9

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2-j

M. Shanthamma and 3 Others v. Apsrtc, Hyd and Another

Case brief

What is this about?

What did the court decide?

M. Shanthamma and 3 Others v. Apsrtc, Hyd and Another

Case brief

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What did the court decide?

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