Allowed

The Telangana State Road Transport Corporation v. Donakanti Ashok

Telangana HC18 Dec 2023MACMA/890/2023

Case brief

AI extract

What is this about?

TSRTC filed an appeal against the Motor Accident Claims Tribunal awarding compensation to the deceased's family for a fatal accident involving an RTC bus. The High Court dismissed the appeal, finding no merit in the challenge to the Tribunal's findings on negligence, the valuation of loss, and the rate of interest awarded.

What did the court decide?

Allowed taxpayers to avoid deposit, though it was directed to pay the award.

The Telangana State Road Transport Corporation Vs… — Motor Accident Claims | Telangana HC (2023)

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

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MONDAY, THE EIGHTEENTH^{DAY OF DECEMBER} TWO THOUSAND^{AND TWENTYTFTREE}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE LAXMI NARAYANAALISHETW}

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MOTOR ACCIDENT^{crvtL MrscELLANEO US APPEAL} : 890 0F 2023

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Between:

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' The Ctiirmin Telangana a"nd Managing State^Road director,,^Transport Bus Bhavan, Head office, RTC .^Corporation, [eprepgle.d X Roads,^by^its Musheerabad, HYderabad.

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The Telangana State^{RoadTransport Corporation, Representedby its Depot} Manager, Adilabad^{DePot, Adilabad}

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..'APPellants/ResPondents

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AND

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1. Donakanti Ashok,^{S/o. Donakanti Bakkanna, Agedabout 50 years' Occ-} Frofession, Rl/o. H.No.^{1-105, Hasakothur Village, Kammarpally Mandal,} Nizamabad District

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Donakanti Akshay,^{S/o. Donakanti Ashok,Aged- about 20 years, Occ-} - StuOeni, nyo. H (o 1-105, Hasakothur Village, Kammarpally Mandal, Nizamabad Districl

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Donakanti Siddartha,^{S/o. Donakanti Ashok, Agedabout 18 years,.Occ-} - Stro"nt, ivo ff .f.ro i-105, Hasakothur Village, Kammarpally Mandal, Nizamabad District.

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...ResPondents/Petitioners

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AppealUnderSectionlT3ofMotorVehiclesActagainsttheorderanddecree inM.V.o.P.No.128of2o19dated19-12.2022onllefileofthecourtofthe chairman Motor Accident^{claims Tribunal} -cum-^{PrincipalDistrbt Judge,at} Nizamabad

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ORDER: This appeal^{coming on for hearing andupon perusingthe grounds of} appeal, the Judgment^{and Decree of the Lowercourt and the materialpapers in the} case and upon hearing^{the arguments of Sri. THOOM SRINIVAS, Advocatefor the} Petitioner, and for the^{Respondents not appeared either in person or by Advocate}

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li 1 I

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This Court dottr Order and Decree as follows:

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That the Motor Accident Civil Miscellaneous Appeal be and hereby is dismissed

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That lhe appellants TSRTC be and hereby is directed to deposit the Compr:nsation amount awarded by the Tribunal within a period of six weeks from the date of receipt of Copy of this order, duly adjusting the amourt already deposited by the appellants.

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

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Sd,. B. SARASWATHI ASSISTANT^REGISTRAR

/TTRUE COPY//

SECTI N OFFICER

To,

1 The Cha rman^{Motor Accident Claims Tribunal-cum- Principal District Judge'} at Nizamabad^{(with records)}

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2 Two CD^CoPies

PSR

'ti--

HIGH COURT

DATED:1811212023

DECREE

MACMA.l,lo.890 of 2023

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DlSMlSSllf,lG THE MACMA WITHOUT COSTS.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETW

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MOTORACCIDE NT CIVIL MISCELLANEOUS APPEAL NO: 890 oF 2023

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Appeal under section 173 of Motor Vehicles Act against the order and decree in M.v'o.P.No-128 of 2019 dated 19-12-2022 on the fire of the court of the chairman Motor Accident claims Tribunal -cum- principal District Judge, at Nizamabad.

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Between:

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1 The. Telangana _ State Road Transport Corporation, Represented bv its Chairman and Managino director,, Bus Bhavah, Heaa'omc6, nid i niirdi, Musheerabad, Hyderibal.

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2 The Telan-gana Sta,le Road T-ransport Corporation, Represented by its Depot Manager, Adilabad Depot, Aditabad

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...Appellants/Respondents

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AND

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1 Donakanti Ashok, S/o. Donakanti Bakkanna, Aged about 50 years, Occ_ Profession, FL/o. H.No. 1-105, Hasakothur Vittale, Kammarpilly GnOif, Nizamabad District

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2 Donakanti Akshgy, S/o, D_olakanti Ashok, Aged about 20 years, Occ S.tudent, R/o. H.No 1-105, Hasakothur Village, Kammarpjlly UinOat, Nizamabad District

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3 Donakanti Siddartha, S/o. Donakanti Ashok, Aged about 1g years, Occ_ Student, R/.o..H.No 1 -1 05. Hasakothur Viilabe:Ka;;arpattf Vanbat, Nizamabad District.

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...Respondents/Petitioners

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Counsel for the Appetlants: Sri. THOOM SR|N|VAS (SC FOR TSRTC)

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Counsel for the Respondents: None Appeared

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The Court delivered the following: JUDGMENT

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ii I I : I I It, I I

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HO]T'BLE SRI JUSTICE^{LAXMINARAYANAALISHETTY}

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M.A.C.M.A.NO.890 0F²⁰²³

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JUDGIVIENT:

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i-leard learned standing counsel^{Sri Thoom Srinivasfor the} a ppella nt-TSRTC.

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Tre present appeal has been^{filed by the appellant-TSRTC} challen 3ing the award^passed by^{the Motor AccidentsClaims} TribunzLl-cum-Principal District^{andSessions Judge at} Nizamabad (for short, TribunalJ in^{M V.O.P. No -l2a of 2Ol9} ' dated 19.12.2022, thereby seeking^{toset-asidethe award} against the TSRTC.

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The brief factual matrix of the^{present appeal is as under'}

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On 04.O1.2019 at about 9.30^{a.m.,whilc thc deceased i e',} Donakanti Laxmi and others^{were travelling in a Car beanng} registraLion No.MH-O l-AH-O 145 from^{Vadyatvrllagr: to Adilabad} town, a Bus bearing registration No.AP-28-Z-4382^{came in rash} and ne 3ligent manner with high specd and^{dashed the Car.} Due to:iaid accident, the deceased received^{mtrltilllc fractures to} skull,_f. acture of right side temporal^{bone, fracture of nasal}

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LNA.J MACMANo.S9O ol 2023

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bone and middle temporar bone, fracture of backside and other multiple and grievous injuries to all over the body. Immediately, she was shifted to RIMS Hospital, Adilabad, where she underwent treatment and later she was admitted in yashoda Hospital, Hyderabad and she underwent treatment as inpatient from 05.01.2019 to 18.01.2019 and later, she was shifted to private hospital, Nizamabad, where she succumbed to injuries on 19.01 .2O 19. The claimants incurred an amount of Rs.8,OO,OOO/- towards treatment, medicines, transportation of dead body. The Police, Mavala p.S., registered a case in Crime No.6/2O19 under Section 338 and 3O4-A IpC against rhe driver of the offending vehicle and filed charge shect.

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The claimants i.e., respondent nos. I [o 3 herern, who are husband and children of deccased, have fited claim petition against appellants under Section 166 of Motor Vehicles Act, 1988 before the Tribunal claiming compensation of Rs.2O,OO,OOO/- along with interest lrom rhc datc of the petition till the date of deposit.

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LNA) MACMA No 890 ol 202i

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6- Tle deceased was aged^{about 45 yearsas on the date of} accident, hale and^{healthy and was working as washerwomen} and do.ing agriculture^{andwas gettingan income of Rs'3O,OOO/-} per month and claimants^{lost the support of the deceased}

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7 . Th e appellants-TSRTC^{filed counter denying allthe} allegations made in the^{claim petition and contended that} deceaserl was travelling^{inthe car and seven persons were} travelling in the car at^{the time of accidents, as such, the driver} o[ the car unable to^{control the car and dashed the bus at} middle zLt "T"^{junction,white the bus crossed 8O% of the road'} Thus, ttLe conditions of^{the insurance policywere violatedand} Ilnalh', l,raved for dismissal^{of the claimpetition.}

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8 Orr the basis of the^{above pleadings, the Court below}

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lrzrmcd^t he following^issues:

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i) whether the accident took^{place due to rashzrl]d} nejlligent dnving of Bus^{bearing NI.AP-2A-Z-4382by its} clrrr,er causing death of^{DonakantiLaxmi} @^Rajavva?

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ii) Whether the^{petitioners are entittedfor} cornpensation? If so, to^{what extent artd from u'hom?}

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rr il To ri'hat relieP

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LNA.) MA.MA No 89o of 2023

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In order to substantiate the case, on behalf of^the claimants, P.Ws.l to 3 were examined and Exs.Al to^{A9 were} marked. On behalf of the TSRTC, RW.1^{was examinedand did} not mark any document on its behalf.

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The Tribunal on due consideration of^{the evidenceand} material placed on record, came to^{conclusionthat the accident} took place due to rash and negligent^{driving of the lorrybearing} registration No.AP-28-Z-4382 and^{awarded compensationo[} Rs.17,22,939 /- along with interest @^{7 .syo per annum from the} date of petition till the date of deposit^{of amount. TSRTCis liable} to pay the compensation.

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During the course of^{hearing olthe appeal, Iearned} counsel for appellant-TsRTc submitted^{that the Tribunal} erroneously decreed the O.P., and^{erred inbelievrngthe} evidence of P.W.3. He submitted^{that thcre is no negligenceon} the part of the driver of the^{bus and thercforc,TSRTCis not} liable to pay the compensation.^{He lurthersubmittedthat} Tribunal erred in considering^{the agc ol the deccased as 45} without there being any documents.^{He [urtllersubmittedthat}

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LNA,J MACMA No.89O ol2023

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1 i I

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Tribunal erred in granting interest @ 7.5o/o per annum wthout followinli the principles laid down by the Hon'ble Apex Court in T.N.Srat:e Transport Corporation Ltd., v. S.Raja Priya and othersr and finally, prayed to set aside the award passed by the Tribunal.

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Conside ratiou :

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Wi h regard to the main contention o[ the learned counsel for appellant is that the Tribunal committed irregularity in holding that the accident occurred due to rash and negligent driving of the driver o[ RTC Bus. The Tribuna] considered tJre evidence of eye witness, P.W.3, who deposed that while he along with deceased and other s u'ere travelling in a car, the driver.of the Bus driven the bus in rirsh and negligent manner and dashed the car, due to u,hich car turncd turtle and went off the road and inmates of the car sust,rined multiple fractures and grievous injuries and decca sed clicd r.r'hile undergoing treatment. Further, police hled Ex.A4 chi rge sheer, as per which, the Police have examined p.W.3 as e_re sirncss and others and have found that the driver of RTC bus rs re;ponsibte for the accident and is liable for the offencc I (r00i ) 6 s(1 tt6

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LNA.J MACMA No 8 ol2023

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punishable under Sections 337,^{338 and 3O4-AIPC Considering} the oral evidence adduced^{by P.Ws.1 and 3, coupledwith Exs'A1 to} A4, the Tribunal came^{to conclusionthat the driver of RTC bus} was responsible for causing^{the accidentin rash and negligent} manner

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lnsofar as the^age of^{the deceased is concerned, as per} Ex.A2-copy of inquest^{panchanamaand Ex A3-copy of PMEreport'} the age of the deceased^{was shownas 45 yearsConsidering the} same, the Tribunal^{had rightly consideredthe age ol the deceased} as 45 years as on^{the date of accident.}

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With regard^{to the quantumof interest awarded,the Honble} Supreme Court^{very recentlyin the case of Anjali and others vs} Lokendra Rathod^{and others z decided on O6' 12 2022'had} granted interest @^{9o/oper annum.Therefore, this Courtdoes not} lrndreasontointerferewiththeinterestawardedblilrheTriburlirl.

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Conclusion:

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[n view of the^{abovediscussion and the materlal placed on} record, the appellant^{failed tomakeout anycase warrantlng}

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20231r ) ALD t07(sc)

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LNA,I MACMANo.8 ol2023

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interfer ence of this Court with the impugned award passed by the Tribunrrl.

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Lr the result, this Appeal stands dismissed. The appellantsTSRTC are directed to deposit the compensation amount awarded by the Tribunal within a period of six weeks from the date of receipt of copy of this order, duly adjusting the amount already deposit,:d by thc appcllants. There shall be no order as to costs.

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P:nding miscellaneous applications if any shall stand closed

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Sd/. B. SARASWATHI ASSISTANT RE ISTRAR

//TRUE COPY//

SECTION FICER

To,

1 . The Chz.irman Motor Accident Claims Tribunal -cum- Principal District Judge, at Nizanrabad (with records)