Mr Visalavath Kishan And Another vs. The Apsrtc
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Cause title — parties, addresses and appearances
The Court made the following: JUDGMENT
THE HON'BLE SMT. JUSTICE M.G. PRIYADARSIINI M.A.C.M.A. No.142 of 2O15 JUDGMENT: Dissatisfied with the quantum of comperrsation awarded in the order and decree, dated 31.1O.2O13 passed in O.P.No.4SO of 2011 on the file of the Chairman, Motor Accident Claims Tribunal-cum-I Additional Chief Judge, City Civil Court at Secunderabad (for short "the Tribunal), the appellants/claimants preferred the present appeal ,*eeking enhancement of the compensation.
For the sake of convenience, the partit:s will hereinafter be referred to as arrayed before the Tribunal.
Brief facts of the case are that the claimants, v,'ho are the parents of one Vislavath Kishan 14 yeals old, (hereinafter referred to as "the deceased"), Iiled claim- petition under Section 163-A of the Motor Vehicles Act, claiming compensation of Rs.3,0O ,OOO I - for the death of the deceased in a motor vehicle accident that occut:red on 26.04.2011 . It is stated that on 26.04.201 1, the dt:ceased hsng with his two cousins Suresh ald Baby Anusrha Bai
lFa Macma 142 2015 were proceeding on motor cycle bearing No.AP 1O AQ 7377 from Tandoor to Lakshmi Nagar Village and when they reached Rarnpur Village Gate of Dharur Manda-I, the driver of the APSRTC bus bearing No.AP 1l Z 4469, drove the same in a rash and negligent manner at high speed and dashed the motor cycle, due to which the deceased and children died on the spot. On a complaint, a case in Crime No.64 of 2011 was registered against the driver of the bus. The deceased is the son of the claimants and therefore, the claimalts filed the aforesaid O.P. against the respondent.
The Tribunal, considering the claim and the counter frled by the insurer of the offending vehicle, and on eva-luation of the evidence, both oral and documentary, has partly allowed the O.P. awarding compensation of Rs. 1,52,OOO/- with interest at 7.5%o per annum payable by respondent. Challenging the same, the present appeal came to be filed by the claimants seeking enhancement of compensatlon Macma 142 2015
Heard both sides and perused the material a'zailable on record
A perusal of the impugned judgment disclos,:s that the Tribunal having framed issue No.l as to whether the accident had occurred due to rash and negligent dr..ving of the bus by its driver, duly considering the evide:nce of P.W.1 coupled with the documentary evidence i.e. Ex.Al, F.I.R. and Ex.A3, charge sheet, has categorically otrserved that the accident has occurred due to the rash and negligent driving of the driver of the bus and has answered the issue in favour of the claimants and again st the respondent. Therefore, I see no reason to interfere with the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the driver of the l>us
Insofar as the quantum of compensation IS concerned, admittedly, the deceased was aged about fourteen years at the time of accident. In l(ishan Gopal
.1r. .l****i '-- .".:.-i&t \ i"-:"* \, Macma 142 2015 and another a. I-a.la and othersl, the Apex Court having considered the grant of compensation in similar circumstances, has awarded an arnount of Rs.5,O0,OOO/- for the death of a 10 year old boy. Recently, in Kuruan Ansari Allas Kuruqn Ali a. Shgam Kishore Munnuz, the Apex Court has awarded an amount of Rs.4,70,000/- by fixing the notional income of the deceased boy, who was aged about 1O years, at Rs.25,OOO /- and multiplied by '15' B. In the instant case, the deceased was fourteen years old boy. In view of the decision of the Apex Court in I{uraan Ansari Alias Kuradn Ali a. Shgann Kishore Murmu (supra) and having regard to the facts and circumstances of the case, more particularly, considering the fact that the deceased was fourteen years old at the time of the accident, I deem it just and proper to award a compensation of Rs.4,70,0O0/- to the claimants.
At this stage, the learned corlnsel for the respondent submits that the claimants claimed only a sum of ' 120ru1 I scc zet -lQJil Appeal No .690212021 (SC)
5 MCP, J Macma 142 2015 Rs.3,o0,000/- as compensation and the quantr-lm of compensation which is now awarded would go beyond the claim made, which is impermissible under law
In Laxman @ Laxman Mourya Vs. Dioisional Manage4 Oriental Insurance Compang Lirnited and. anothers, the Apex Court while referring to Nagappa Vs. Gurudagal Singha held as under: " It i.s true thot in the petition filed bg him under Section 166 of the Act, the appellont had claimed compensation of Rs.S,OO,OOO/ onlg, but as held in Nagoppa us. Gurudayol Singh (2003) 2 SCC 274, in the absence of ang bar in th.e Act, the Tibunal and for that reason ong competent Court is entitled to anuard higher compensation to the uictim of an accident-" 1 1. In view of the Judgments of the Apex Court rt:ferred to above, the claimants are entitled to get more amount than what has been claimed. Further the Motor Vt:hicles Act being a beneficial piece of legislation, where the interest of the claimants is a pararnount consideration the (lourts 3 (zot t) to scc zso o zoo: acl t z 1sc1 , , I
6 I : I I I l l i Macma 142 2015 should always endeavour to extend the benefit to the claimants to a just and reasonable extent.
Accordingly, the M.A.C.M.A. is allowed and the compensation amount awarded by the Tribunal is hereby enhanced from Rs.1,52,000/- to Rs.4,7O,OOO/-. The enhanced amount will carry interest al 7.5%o p.a. from the date of order passed by the Tribunal till the date of reafization. The respondent shall deposit the entire amount, within a period of six weeks from the date of receipt of a copy of this judgment. The enhanced amount shall be apportioned in the manner as ordered by the Tribunal. The claimants are permitted to withdraw their respective share amounts. However, the claimants are directed to pay Deficit Court Fee on the enhanced amount There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. tt . ASSISTiRJS:55FiXA //// sEccaDN OFFTCER
The Chairman, Motor Accident Claims Tribunal- I Additional Chief Judge' a gl,: EE f ":il f,#f;1hfli#igst%3'.',Rlc) ropuc,
Two CD CoPies BSK To, h
,I , HIGH COURT DATED:1010112023 JUDGMENT MACMA.N o.142 ot 2015 ALLOWING THE MACMA WITHOUT COSTS G)qt'q ..r!- :r - I i' ,. j' ,l t .i !' I. li ll 1\ \ ? $ SLi t$S 1 13
[ 3253 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUE AY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI M.A.C.M.A. No: 142 OF 2015 Between: '1 . Mr. Visalavath Kishan, S/o Ramu Nayak, Aged about 45 years, Occ: Labour, Rl/o. H.No.1 1-21, Brahmanwadi Begumpet, Secunderabad.
Mrs. Susila Bai, Wo. IVlr. Vislavath Kishan, Aged about 40 years' Occ: House Wife, (Both are Fi/o. H.No.1'1-21 , Brahmanwadi Begumpet, Secunderabad) ... APPELLANTS/ . PETITINERS i, AND The Telangana State Roads Transport Corporation, Rep by ils tvlanaging Director, Bus Bhavan, RTC X-Roads, Musheerabad, Hyderabad. ...RESPONDENT/RESPONDENT Appeal filed under Section 173 of Motor Vehicles Act against the Order and decree in tr4.V.O.P No.480 of 201 1 , dated 31-.1 0-201 3 on the file of the Court of the Chairman Motor Accident Clairns Tribunal-cum-l Addl. Chief Judge, City Civil Court, Secunderabad. ORDER : This Appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Cou( and the material papers in the case and upon hearing the arguments of Sri Mrs.Rajeshwari, Advocate for the Appellants and Sri lt/tr.Thoom Srinivas, Advocate for the Sole Respondent. This Court doth Order and Decree as follows :
That the tvlotor Accident Civil [Vliscellaneous Appeal be and hereby is allowed.
To, 2. rhatthe compensation amount awarded by the Tribunal is hereby enhanced from Rs.1,52,d001 to Rs.4,70,0001 (Rupees Four Lakhs Sevenly Thousand only).
That the enhanced amount will carry interest at 7.5o/o p.a from the date of order passed by the Tribunal till the date of realization.
That the Respondent shall deposit the entire amount, within a period of six weeks from the date of receipt of a copy of this Judgment.
That the enhanced amount shall be apportioned in the manner as ordered by the Tribunal. The claimants are permitted to withdraw their re:;pective share amounts. However, the claimants are directed to pay deficit court free on the enhanced amount.
That save as aforesaid, the decree of the Lower court shall stends confirmed in all other respects;
That there shall be no order as to costs in this appeal G.SIREESHA ,, I/// ASSISTEI- REGISTRAR SECTION OFFICER
The Chairman, Motor Accident Claims Tribunal- I Additional Chief Judge, City Civil Court, Secunderabad.
Two CD Copies BSK &
HIGH COURT DATED:1 010112023 DECREE MACMA.N o.142 ot 2015 ALLOWING THE MACMA WITHOUT COSTS @r4-k
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.