BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM
COURT OF THE CHIEF JUDGE: CITY CIVIL COURTS: HYDERABAD:
Thursday, the 24th day of July, 2014
Present: Sri G. DASAPPA, M.A., B.L.,
Chairman, MACT cum Chief Judge City Civil Court: Hyderabad.
M.V.O.P. No. 2122 of 2013
Between:
1. M. Krishna Kumari, W/O M. Ravikanth, Aged: 42 years, Occ:Housewife.
2. M. Manasa Gayathri, D/O M. Ravikanth, Aged: 20 years, Occ:Student.
3. M. Naga Mounica, D/o M. Ravikanth, Aged: 16 years, Occ:Student. [Petitioner No. 3 being minor represented by their motherthe 1st petitioner] [All all R/O H.No.34350/1, Station Road, Kachiguda, Hyderabad]
...Petitioners
AND
1. The APSRTC, Rep., by its Managing Director, Musheerabad, RTC X Roads, Hyderabad.
2. The APSRTC, Rep., by is Depot Manager, Ranigunj – I Depot, Ranigunj, Secunderabad. ….Respondents This Original Petition coming before me for hearing in the presence of Sri P. Ramakrishna Reddy, Advocate for the Petitioners, Sri M. Sanjay, Advocate for the Respondents; upon perusing the material papers on record and upon hearing both sides and having stood over for consideration, this Tribunal delivered the following:
AWARD
This is a claim petition filed by the legal heirs [i.e., the claim petitioners herein] of the deceased, M. Ravikanth, under Section 166 of the Motor 2
Vehicles Act, claiming compensation of Rs.25,00,000/ with interest @ 18% per annum from the date of filing of the petition till the date of realization with costs.
2.Briefly stated the petition averments are as follows:
The 1st petitioner is the wife, the 2nd petitioner is the major daughter and the 3rd petitioner is the minor daughter of the deceased. That on 24.12.2011 at about 07.00 p.m., the deceased Ravikanth was riding the Hero Honda CD
Motorcycle bearing No.AP 25K 7209 and another deceased A. Laxmi was pillion rider from Ameerpet towards Malkajgiri side slowly on the extreme left side of the road and when they reached near Water Tank, Army Quarters, Maredpally and at that time the APSRTC Bus bearing No.AP 10Z 5430 driven by its driver at high speed in a rash and negligent manner came in opposite direction onto its wrong side and dashed the motorcycle of the deceased. Due to the sudden impact, the deceased and the pillion rider fell down from the motorcycle and both sustained fatal injuries and died on the spot. The accident had occurred due to the rash and negligent driving of the driver of the APSRTC Bus bearing No.AP 10Z 5430.
On a report, the Station House Officer, Tukaramgate Police Station had registered a case in crime number 183 of 2011 under Section 304A of the Indian
Penal Code against the driver of the said RTC Bus. It is also stated in the petition that the deceased was aged about 45 years at the time of his death and was hale and healthy. The deceased used to work as Maintenance Executive in PSK
Infrastructures and Projects Limited Company, Ameerpet, Hyderabad and he used to get a sum of Rs.20,000/ per month as salary, besides perks and other 3 incentives. The deceased was very sincere and hardworking. The deceased was having future prospects and promotions and he would have got a sum of
Rs.50,000/ per month in due course in future. The deceased used to contribute his total earnings for the maintenance of the family members. The deceased is an intelligent and hard working. Due to the death of the deceased, the petitioners have become destitue and their life is in dark as there is no other person to look after them and to see their welfare. Due to the sudden death of the deceased, the 1st petitioner completely bedridden and she is under mental shock and she became widow. Due to the sudden death of the deceased, the petitioners lost their breadwinner and life supporter and they worried for their future life. The petitioners 2 and 3 have lost love and affection of their father and future career due to the sudden death of their father, who is the elder earning member of the family. The petitioners had spent huge amounts towards postmortem, transportation, cremation and obsequies and are claiming a total sum of
Rs.25,00,000/ on all counts which includes the amount payable under no fault liability under Section 140 of the M. V. Act. Therefore, in all, the petitioners are claiming compensation of Rs.25,00,000/ (Rupees Twenty Five Lakhs only) against the respondents, who are the owners of the APSRTC Bus bearing registration number AP 10Z 5430. Hence, the claim.
3.On behalf of the Respondents counter was filed denying the averments made in the petition and putting the petitioners to strict proof of the same. The material allegations in the petition are false. The petition is not 4 maintainable. The manner and method of accident pleaded by the petitioners are denied. It is denied that the accident was occurred only due to the rash and negligent driving of the driver of the APSRTC bearing No.AP 10Z 5430. The respondents deny all the allegations and in reply to the said allegations it is submitted that the said accident is because of rash and negligent driving of the deceased himself by driving the motor bike bearing No.AP 25K 7209, but not because of APSRTC Bus driver. The driver of the APSRTC is not responsible for the accident and the APSRTC is not liable to pay any compensation to the petitioners. The petitioners are put to strict proof with regard to the age, occupation, income etcetera of the deceased and further the deceased is holding a valid driving licence for driving. The petitioners are further put to strict proof of the allegation that the deceased sustained the injuries arising out of the said accident and caused death, as alleged in Column No.11 and 14 of the petition.
He is also put to strict proof of the allegation that they sustained losses as alleged in the Column No.25 (iSpecial Damages) of the petition. The documents relied upon by the petitioners have not been supplied to the respondents.
However, the respondents are investigating and enquiring into the matter by examining the crew with reference to Police documents and other documents.
The compensation claimed in a sum of Rs.25,00,000/ is highly excessive, exorbitant and out of proportion. There are absolutely no valid merits in the case of warranting a claim of Rs.25,00,000/ and, hence, the same is liable to dismissed.
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4.Taking into consideration the above pleadings this Tribunal had framed the following issues for trial:
(i) Whether the pleaded accident occurred resulting in the death of M. Ravikanth, due to the rash and negligent driving of the motor vehicle (APSRTC Bus bearing registration No. AP 10Z 5430) by its driver?
(ii) Whether the petitioners are entitled to any compensation, and, if so, at what quantum and what is the liability of the respondents?
(iii) To what relief?
5.In support of their claim, the petitioners examined PWs 1 to 3 and got marked exhibits A1 to A13. No witnesses are examined and no documents are filed on behalf of the respondents.
6. ISSUE NO.1:PW1 is the first petitioner in this case and she is the wife of the deceased by name M. Ravikanth. With regard to the accident she deposed that on 24.12.2011 at about 07.00 p.m., the deceased Ravikanth was riding the Hero Honda CD Motorcycle bearing No.AP 25K 7209 and another deceased A. Laxmi was pillion rider from Ameerpet towards Malkajgiri side slowly on the extreme left side of the road and when they reached near Water Tank,
Army Quarters, Maredpally and at that time the APSRTC Bus bearing No.AP 10Z 5430 driven by its driver at high speed in a rash and negligent manner came in opposite direction onto its wrong side and dashed the motorcycle of the deceased. Due to the sudden impact, the deceased and the pillion rider fell down from the motorcycle and both sustained fatal injuries and died on the spot.
The accident had occurred due to the rash and negligent driving of the driver of 6 the APSRTC Bus bearing No.AP 10Z 5430. She also filed the certified copy of the FIR, the certified copy of charge sheet, the certified copy of the inquest report of the deceased, the certified copy of the post mortem examination report of the deceased, the certified copy of MVI's Report, the death certificate of the deceased, the SS Certificate of the deceased, the SS Certificate of the 2nd petitioner showing the date of birth as 26.11.1993, the SS Certificate of the 3rd petitioner showing the date of birth as 20.01.1996, the salary slip of the deceased for the month of November 2011 issued by PSK Infrastructures & Projects
Limited, Ameerpet, Hyderabad showing the salary of the deceased as
Rs.14,500/ per month, the driving licence of the deceased, the C.C. of the judgment and decree in the connected O.P.No.782 of 2012 on the file of the X
FTC, CCC, Hyderabad, Appointment order cum service certificate issued by PSK
Infrastructures and projects Limited, Ameerpet, Hyderabad, were respectively marked as exhibits A1 to A13. PW2Damera Raju, who was said to be an eye witness to the accident deposed that he had witnessed the accident, which occurred on 24.12.2011 at about 07.00 p.m., near Water Tank, Army Quarters,
Maredpally, Hyderabad. At the material time of the accident, the deceased M.
Ravikanth was riding the Hero Honda CD Motor Cycle bearing No.AP 25K 7209 and another deceased A. Laxmi was pillion rider and they were proceeding from
Ameerpet towards Malkajgiri side slowly on the extreme left side of the road and when they reached near Water Tank, Army Quarters, Maredpally and at that time the APSRTC Bus bearing No.AP 10Z 5430 of Ranigunj – I Depot driven by its driver at high speed in a rash and negligent manner proceeding in opposite 7 direction came onto its wrong side and dashed the motorcycle of the deceased.
Due to the sudden impact the deceased and pillion rider fell down from the motor cycle and both sustained fatal injuries and died on the spot. There was no negligence on the part of the rider of the motor cycle. The accident occurred due to the rash and negligent driving of the driver of the APSRTC Bus bearing No.AP 10Z 5430. In the crossexamination he deposed as follows: “He gave evidence in the connected O.P.No.782 of 2012 on the file of the learned X Additional Chief
Judge, City Civil Court, Hyderabad. It is true that he had not lodged any
complaint to the police. It is not true to suggest that the accident occurred due to the negligence of the deceased and not due to the negligence of the APSRTC
Bus driver.” As against this evidence, there is no evidence adduced on behalf of the respondents. Though, counter filed on behalf of the respondents denying all the averments made in the petition, no witnesses were examined in support of its contentions raised in the counter. On the other hand, a perusal of exhibits A1 and A2 FIR and charge sheet clearly show that the driver of the APSRTC Bus was charge sheeted for the offence under Section 304A IPC for his rash and negligent driving of the Bus and causing the accident. Therefore, the evidence of
Pws1 and 2 and exhibits A1 and A2 remain unchallenged and uncontroverted.
The general rule is that the claimant has to prove the accident was due to the negligence of the driver. But, in the absence of any unexpected development and or in the absence of any mechanical defect, it is for the driver to explain how the accident occurred. In the absence of such explanation, the principle 'res ipsa loquitor' applies (things speak for themselves), and it is not necessary for the 8 claimant to prove driver's negligence (MASTHI KASIM SAHEB VS. MYSORE
S.R.T CORPORATION – AIR 1991 SUPREME COURT 487). (2) Where the driver of the vehicles pleads guilty in a criminal proceeding, he shall not be permitted to resile from the same and set up the plea that the accident was not due to his negligence. The principle 'res ipsa loquitor' means that the accident tells its own story and speaks for itself. In such a situation as held by the Hon'ble
Supreme Court in the case of Puspa Bai [AIR 1977 SC 1735], it is sufficient for the petitioners to prove the accident and nothing more. It will then be for the respondent to establish that the accident happened due to some other cause without his own negligence. Driver was not examined as witness to know whether he drove the vehicle in a rash and negligent manner. For the non examination of driver by the respondent, an adverse inference can be drawn.
Therefore, the evidence of Pws1 and 2 and exhibits A1 and A2 remain unchallenged and uncontroverted. In this view of the matter, I find the accident occurred on account of the rash and negligent driving of the bus by its driver.
Issue is found accordingly. In this view of the matter, I find the accident occurred on account of the rash and negligent driving of the bus bearing No.AP 10Z 5430 by its driver. Issue is found accordingly.
7. ISSUE NO.2:In view of the aforesaid finding on issue number 1, the petitioners who are the wife, major daughter and minor daughter of the deceased are entitled to compensation towards general and special damages.
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8. As regards the income of the deceased PW1 who is the wife of the deceased deposed that the deceased was aged about 45 years at the time of his death and was hale and healthy. The deceased used to work as Maintenance
Executive in PSK Infrastructures and Projects Limited Company, Ameerpet,
Hyderabad and he used to get a sum of Rs.20,000/ per month as salary, besides perks and other incentives. The deceased was very sincere and hardworking.
The deceased was having future prospects and promotions and he would have got a sum of Rs.50,000/ per month in due course in future. The deceased used to contribute his total earnings for the maintenance of the family members. The deceased is an intelligent and hard working. Due to the death of the deceased, the petitioners have become destitue and their life is in dark as there is no other person to look after them and to see their welfare. She has filed the Salary slip of the deceased for the month of November 2011 issued by PSK Infrastructures &
Projects Limited, Ameerpet, Hyderabad, showing the salary of the deceased as
Rs.14,500/, which was marked as exhibit A10. In the crime records i.e., exhibit
A2inquest report it was mentioned that the avocation of the deceased is 'Private
Job'. To prove the income of the deceased, the petitioners had examined the
Manager, (HR Administration), PSK Infrastructures and Projects Limited as PW3.
He deposed that the deceased M. Ravikanth had worked as Maintenance
Executive since more than four years till his death. The deceased M. Ravikanth was appointed as Executive (Maintenance) on 01.03.2007 and he worked till his death. They used to pay a sum of Rs.14,500/ per month as salary, besides PF,
ESIC etcetera at the time of accident and he worked in their company for more 10 than four years till his death. The deceased M. Ravikanth is a skilled and multi talented person and he was discharging his duties with utmost dedication and he was very sincere and honest to his duties. His salary would have been increased to Rs.20,000/ per month in due course. Exhibit A10 is the salary slip issued by their company to the deceased for the month of November, 2011 showing the payment of salary of Rs.14,500/ per month. Exhibit A13 is the appointmentcum service certificate dated 10.12.2012 of the deceased M. Ravikanth issued by him and it bears his signature. In the crossexamination, PW3 deposed as follows:
“He did not bring the record to show that they have paid the salary to the deceased from the date of his appointment from 10.03.2007 to 24.12.2011 i.e., the date of accident. It is not true to suggest that the deceased never worked in their company i.e., PSK Infrastructures Projects Limited, Ameerpet, Hyderabad and they have issued exhibits A10 to A13 to help the petitioners.” As can be seen from exhibit A13 and A10 viz., the Salary Slip and the appointmentcumservice certificate shows that the deceased used to work as Maintenance Executive and his gross salary is Rs.14,500/ per month. The learned counsel for the petitioners represented that the deceased was aged 45 (forty five) years and that therefore, the income of the deceased can be taken at any rate at Rs.14,500/ (Rupees Fourteen Thousands Five Hundred Only) per month and submitted that the said income may be accepted having regard to facts and law applicable to the facts of the case. The learned counsel for the respondents submitted that the deceased was a nonearning member and that in the absence of any documentary evidence it cannot be accepted that he was earning Rs.14,500/ per 11 month. Considering the facts of the case, the submissions of both the sides in regard to the income of the deceased and the available evidence on record in regard to the occupation of the deceased and considering the future prospects, the annual income of the deceased is accepted at Rs.16,000/ per month and
Rs.1,92,000/ (Rupees One Lakh Ninety Two Thousands Only) per annum.
Coming to the age of the deceased, as per the pleadings and the evidence of
PW1, the age of the deceased at the time of his death was 45 (forty five) years.
In the crime records like exhibit A4, the copy of the postmortem report of the deceased, his age was mentioned as 46 (forty six) years and in exhibit A11the driving licence, the date of birth of the deceased was mentioned as 24.10.1965, whereas the accident occurred on 24.12.2011. Hence, the age of the deceased can be accepted as 46 (forty six) years. The claimants are three in number. As per the ratio in the decision in the case of Sarla Verma and Others Vs. Delhi
Transport Corporation and another, [2009 ACJ 1298], where the number of dependant family members is 2 to 3, 1/3rd shall be deducted towards the personal and living expenses of the deceased. In the instant case the 1/3rdwhich comes to
Rs.64,000/ (Rupees Sixty Four Thousands Only), can be deducted as personal and living expenses of the deceased in the instant case facts. Accordingly, the annual contribution to the family or the Annual loss of income i.e., the multiplicand is determined as Rs.1,28,000/ (Rupees One Lakh Twenty Eight
Thousands Only). The multiplier should be chosen with reference to the age of the deceased and as per the column number 4 of the table given in the decision referred to infra; therefore, in the light of the ratio in the decision of the Hon’ble 12
Supreme Court in the case of Sarla Verma and Others vs. Delhi Transport
Corporation and another, [2009 ACJ 1298] and following the precedential guidance and keeping in view the facts and circumstances of this case and having regard to the age of the deceased and the probable period of active career, the appropriate multiplier is fixed at `13’ (Thirteen). The above loss of annual dependency, Rs.1,28,000/ (Rupees One Lakh Twenty Eight Thousands
Only), if multiplied by the appropriate multiplier `13’ (Thirteen) fixed supra, the compensation under the head `loss of dependency’ comes to Rs.16,64,000/ (Rupees Sixteen Lakhs Sixty Four Thousands Only) and the said sum is awarded to the petitioners as compensation under the head `loss of dependency’. Now it is pertinent to refer to the decision in the case of Rajesh and Others vs. Rajbir
Singh and others [2013 ACJ 1403], wherein, the Hon’ble Supreme Court of
India held to the following effect: “ ‘Funeral expenses’ does not mean the fee paid in the crematorium or the fee paid for the use of space in the Cemetery and that there are many other expenses in connection with the funeral, besides expenses associated with religious practices and conventions and all those religious practices and conventions are very expensive.” The Hon’ble Supreme Court also held that it would only be just and reasonable that the Courts award at least
Rs.1,00,000/ (Rupees One Lakh Only) towards loss of consortium. In the above precedent the Hon’ble Supreme Court had further awarded Rs.1,00,000/ (Rupees One Lakh Only) towards loss of care and guidance towards minor children while awarding Rs.25,000/ (Rupees Twenty Five Thousands Only) towards funeral expenses. In the above precedent, the petitioners are the widow 13 and the minor children of Bijender Sing, the deceased, who was aged about 33 years at the time of accident. Following the precedential guidance, a sum of
Rs.1,00,000/ (Rupees One Lakh Only) is awarded to the first claimant towards loss of consortium and Rs.1,00,000/ (Rupees One Lakh Only) is awarded towards loss of care and guidance for minor children and Rs.25,000/(Rupees
Twenty Five Thousands Only) is awarded towards funeral expenses. Further,
Rs.5,000/ (Rupees Five Thousands Only) each is awarded under the two conventional heads ‘loss of estate’ and ‘transport expenses’.
9.In all the claimants are entitled to the following compensation amounts:
i) Compensation under the head ‘Loss of dependency’ Rs. 16,64,000/ ii) Compensation towards transport Rs. 5,000/ iii) Compensation for loss of consortium Rs. 1,00,000/ iv) Compensation for loss of care and guidance for minor children Rs. 1,00,000/
v) Compensation under the head ‘Loss of estate’ Rs. 5,000/ vi) Compensation under the head ‘Funeral expenses’ Rs. 25,000/
Total Rs. 18,99,000/___
10.In the facts and circumstances of the case, the petitioners are not entitled to any other compensation amounts. The rest of the claim is, 14 therefore, disallowed. As regards the liability of the respondents 1 and 2, it is to be noted that it is already held under Issue number 1, that the bus bearing number AP 10Z 5430 was involved in the accident and that the driver of the said was responsible for the accident. Hence, the respondents who are the owners of the said bus and employers of the driver of the bus are jointly and severally liable to pay the compensation awarded to the petitioners. Issue is found accordingly.
11. ISSUE NO.3:
In the result, the petition is allowed in part with proportionate costs, awarding a compensation of Rs.18,99,000/ (Rupees Eighteen Lakhs Ninety Nine
Thousands Only) to the petitioners with interest at 7.5% per annum simple from the date of petition till the date of payment or realization recoverable by the petitioners from the respondents jointly and severally. Out of the said total sum, a sum of Rs.6,99,000/ (Rupees Six Lakhs Ninety Nine Thousands Only) is awarded to the 1st petitioner, the wife of the deceased. A sum of Rs.6,00,000/ (Rupees Six Lakhs Only) each is awarded to the petitioners 2 and 3, who are the daughters of the deceased. The first petitioner is permitted to withdraw
Rs.2,99,000/ (Rupees Two Lakhs Ninety Nine Thousands Only), proportionate costs and the entire accrued interest on her share of compensation and also the entire accrued interests on the shares of compensations of the petitioners 2 and
3. The balance compensation amount of Rs.4,00,000/ (Rupees Four Lakhs
Only) of the 1st petitioner shall be invested in a fixed deposit in her name in any
Nationalized bank of her choice initially for a period of three years. The 15 compensation amounts of Rs.6,00,000/ (Rupees Six Lakhs Only) each of the 2nd petitioner and minor3rd petitioner shall be invested in two separate fixed deposits in their names with their mother as guardian to the minor 3rd petitioner in any
Nationalized bank of her choice initially for a period of five years with reinvestment facility till the necessity ceases. The deposits of the minor3rd petitioner and the 2nd petitioner shall be renewed from time to time and till the necessity ceases. The first petitioner is permitted to withdraw monthly or bimonthly interests on her deposit and also on the said deposits of the petitioners 2 and 3. For that purpose, the 1st petitioner is at liberty to open an S.B. Account in any Bank of her choice and seek necessary directions in that regard. Time for deposit is one month. Rest of the claim is disallowed. Advocate’s fee is fixed at
Rs.2,500/ (Rupees Two Thousands Five Hundred only). In case the claimants are granted exemption from payment of court fee payable on the claim amount they shall now pay the court fee payable on the claim amount in accordance with the procedure.
Typed to my dictation, corrected and pronounced by me in open court, on this the 24th day of July, 2014.
CHAIRMAN
MOTOR ACCIDENTS CLAIMS TRIBUNAL: CHIEF JUDGE: CITY CIVIL COURT:
HYDERABAD.
Appendix of evidence
Witnesses Examined
For petitioners: For Respondents:
PW1: M. Krishna Kumari. Nil.
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PW2: Damera Raju.
PW3: R. Subbarami Reddy.
Documents marked
For the Petitioners:
Ex.A.1: Certified copy of First Information Report.
Ex.A.2: Certified copy of the charge sheet.
Ex.A.3: Certified copy of the inquest report of the deceased.
Ex.A.4: Certified copy of the Post Mortem Examination Report of the deceased.
Ex.A.5: Certified copy of MVI's Report.
Ex.A6: Death certificate of the deceased.
Ex.A7: SS Certificate of the deceased.
Ex.A8: SS Certificate of the 2nd petitioner showing the date of birth as 26.11.1993.
Ex.A9: SS Certificate of the 3rd petitioner showing the date of birth as 20.01.1996.
Ex.A10: Salary slip of the deceased for the month of November 2011 issued by PSK Infrastructures & Projects Limited, Ameerpet, Hyderabad showing the salary of the deceased as Rs.14,500/ per month.
Ex.A11: Driving licence of the deceased.
Ex.A12: C.C. of the judgment and decree in the connected O.P.No.782 of 2012 on the file of the X FTC, CCC, Hyderabad.
Ex.A13: Appointment order cum service certificate issued by PSK Infrastructures and projects Limited, Ameerpet, Hyderabad.
For the Respondents:
Nil.
CHAIRMAN
MOTOR ACCIDENTS CLAIMS TRIBUNAL: CHIEF JUDGE: CITY CIVIL COURT:
HYDERABAD.