Telangana High Court

MACMA/2429/2006 of ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION Vs MURARI VIJAYA LAKSHMI AND 4 ORS. on 28 December 2017

Cites 0, Cited by 0

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [ Special Original Jurisdiction ] THURSDAY THE TWENTY EIGHTH DAY DECEMBER TWO THOUSAND AND SEVENTEEN PRESENT SMT. JUSTICE T. RAJANI MACMA.No. 2429 OF 2006 AND CROSS-OBJECTIONS SR.No. 12262 OF 2007

IN THE HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

[ Special Original Jurisdiction ]THURSDAY THE TWENTY EIGHTH DAY DECEMBER TWO THOUSAND AND SEVENTEEN PRESENT SMT. JUSTICE T. RAJANIMACMA.No. 2429 OF 2006ANDCROSS-OBJECTIONS SR.No. 12262 OF 2007Between: APSRTC … appellant/Respondent No.1 V/s. Murari Vijayalakshmi & 4-Ors. … Respondents/claimants Counsel for the appellant : Sri Durga Prasad Counsel for the Respondents : Sri Srikanth Gadipudi The court made the following: [Common Judgment follows]

SMT. JUSTICE T. RAJANI

MACMA.No. 2429 OF 2006ANDCROSS-OBJECTIONS (SR). No. 12262 OF 2007

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

COMMON JUDGMENT :

MACMA.No. 2429 of 2006 is filed by the appellant-APSRTC, who is the first respondent before the Claims Tribunal, questioning the judgment and decree dated 18/07/2006 passed by the Motor Accidents Claims Tribunal in MVOP.No. 125 of 2003, whereas the Cross-Objections [SR].No. 12262 of 2007 are filed by the respondents 1 to 3/claimants. For the sake of convenience, the parties will be arrayed as they are arrayed before the Claims Tribunal in MVOP.No.125 of 2003.

2. Heard the learned standing counsel for the appellant-APSRTC

and the learned counsel for the respondents 1 to 3.

3. MACMA.No. 2429 of 2006 is filed by the first respondent on the ground that there was contributory negligence on the part of the deceased and it is not properly appreciated and the evidence of PW-2

was believed in spite of, he being an interested witness. The Claims Tribunal also erred in taking the gross income of the deceased as a basis of calculation.

4. Cross-objections are filed by the respondents 1 to 3/claimants questioning the award and decree dated 18/07/2006 passed by the Claims Tribunal in MVOP.No.125 of 2003 on the ground of inadequacy of compensation.

5. The learned standing counsel for the first respondent/APSRTC

contends that the evidence of RW-1 was not believed by the Claims Tribunal and contributory negligence ought to have been fastened on the deceased.

6. A perusal of the evidence of PW-2, who is an eye-witness for the accident would show that rashness and negligence is totally attributed to the driver of bus bearing No. AP-10-Z-8084. Hence, compared to the independent evidence of PW-2, the self-serving evidence of RW-1 does not stand on better pedestal. Hence, concluding rashness and negligence on the part of the driver of APSRTC bus cannot be found fault with.

7. As regards, the inadequacy of compensation, the learned counsel for the respondents 1 to 3 claimants, contend that the future hike of the income was not considered by the Claims Tribunal. He relies on the judgment of the Hon’ble Apex Court rendered by the Constitutional Bench in NATIONAL INSURANCE COMPANY

LIMITED V/s. PRANAY SETHI & ORS. {SPECIAL LEAVE PETITION

(CIVIL) No. 25590 OF 2014} (OCTOBER 31, 2017), wherein, for a person of 48 years, which is the age of the deceased in this case, an addition of 25% hike towards future prospects in the salary of the deceased has to be taken. After considering the said hike, the loss of income towards future prospects comes to Rs.23,462=00. Out of the said amount, 1/3[rd]

should be deducted towards the personal expenses of the deceased and then the loss of monthly income to the claimants comes to Rs.15,462=00 and annual loss comes to Rs.1,87,704=00 and the same multiplied by the multiplier ‘13’ which is relevant for the age of the deceased comes to Rs.24,40,152=00. The above amount is awarded towards loss of future income to the claimants. Out of the said amount, as contended by the counsel for the respondents, the Income-tax has to be deducted, which admittedly is at the rate of 30%, which comes to Rs.7,32,045=00. Thus, after the said deduction, the loss of future income would come to Rs.17,08,107=00 and the same is awarded towards loss of future income to the claimants. Apart from the above, following the aforesaid judgment, Rs.40,000=00 is awarded towards

loss of consortium, Rs.15,000=00 is awarded towards loss of estate and Rs.15,000=00 is awarded towards funeral expenses. Hence, the total awarded amount comes to Rs.17,78,107=00 and the same is rounded off to Rs.17,79,000=00. This award shall relate back to the date of the decree and the enhanced amount shall carry interest at the rate specified and from the time indicated in the award of the court below.

8. MACMA.No. 2429 of 2006 is dismissed and the Cross- objections are partly allowed with proportionate costs.

9. As a sequel, miscellaneous petitions if any, pending in this appeal shall stand closed.

_____________________

JUSTICE T. RAJANI.

SMT. JUSTICE T. RAJANI

MACMA.No. 2429 OF 2006[ DISMISSED ] AND CROSS-OBJECTIONS SR.No. 12262 OF 2007 [ PARTLY ALLOWED] : COMMONJUDGMENT :

Date: 28/12/2017Circulation No. 61 Court Master: I s L

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead