APHC010580192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1056/2025 Between: 1. ANDHRA PRADESH STATE ROAD TRANSPORT, CORPORATION, REPRESENTED BY ITS REGIONAL MANAGER, RTC COMPLEX, VIJAYAWADA. (RTC BUS BEARING NO. AP 29 Z 1839) ...APPELLANT AND 1. SHAIK HASEENA, , W/O LATE JANI BASHA, 48 YEARS, R/O.H.NO. 4-175, MASEED VEEDHI, KAREMPUDI (V AND M), GUNTUR DISTRICT. 2. SHAIK NAGUR VALI, S/O LATE JANI BASHA, 30 YEARS, R/O.H.NO. 4-175, MASEED VEEDHI, KAREMPUDI (V AND M), GUNTUR DISTRICT.(SON OF THE DECEASED) 3. SHAIK NAJMUNNISA, W/OZAHEERYAKKA SGARUF, 35 YEARS, R/O.H.NO. 26-36-41,3RD LANE, ANKAMMA NAGAR, MASEEDUCENTER, GUNTUR, (DAUGHTER OF THE DECEASED) 2 NV,J M.A.C.M.A.NO.1056 OF 2025 4. SHAIK NASIMA, W/O JOHAN SAIDA, MUSLIM, 26 YEARS, R/O.H.NO. 26-36-41,3RD LANE, ANKAMMA NAGAR, MASEEDU CENTER, GUNTUR, (DAUGHTER OF THE DECEASED) 5. CHEKURI VENKATESWARLU, S/O GURAVAIAH, 48 YEARS, R/O/MADUGULA (V), GURAZALA (M), GUNTRUR (DT). (RTC DRIVER, MACHERLA DEPOT) ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toappellant to present this Memorandum of Civil Miscellaneous Appeal before this Honble Court being aggrieved by the Order and decree dated 31.10.2023 in M.V.O.P. No.24 of 2021 on the file of the Chairperson Motor Vehicles Accidents Claims Tribunal - Cum - X Additional District Judge, Gurazala, Guntur District IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of 632 days in filing the M.A.C.M.A. and pass such IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant stay of all further proceedings including the execution proceedings pursuant to order dated 31.10.2023 in M.V.O.P. No.24 of 2021 on the file of the Chairperson Motor Vehicles Accidents Claims Tribunal - Cum - X Additional District Judge, Gurazala, Guntur District pending M.A.C.M.A. and pass such Counsel for the Appellant: 3 NV,J M.A.C.M.A.NO.1056 OF 2025 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent(S): 1. KOMMAREDDY DIVAKARA REDDY The Court made the following: 4 NV,J M.A.C.M.A.NO.1056 OF 2025 ORDER: The APSRTC filed the present appeal aggrieved by the Order and decree dated 31.10.2023 in M.V.O.P.No.24 of 2021 by the Chairman, Motor Vehicles Accidents Claims Tribunal–cum–X Additional District Judge, Gurazala, Guntur District, granting compensation of Rs.13,46,200/- together with interest at 12% p.a. from the date of petition till the date of realization, on account of death of Shaik Jani Basha in a road traffic accident occurred on 23.10.2016. 2. For the sake of convenience, the parties are referred to as they are arrayed before the Tribunal. 3. The claimants filed the claim petition under Section 166 of the Motor Vehicles Act read with Rules 455 & 456 of A.P. Motor Vehicle Rules, claiming compensation of Rs.15,00,000/- with costs and subsequent interest at 18%p.a from the date of filing the petition till the date of realization for the death of Shaik Jani Basha in the road traffic accident on 23.10.2016. On the date of incident, at about 4.00 P.M., the deceased Jani Basha along with his family members were returning from Narasaraopet to their village Karampudi in the commander jeep driven by the deceased 5 NV,J M.A.C.M.A.NO.1056 OF 2025 and when the jeep reached Dharmaiah Dhaba at the outskirts of Ravipudi Village, the APSRTC Bus bearing Regd. No.AP-Z9-Z- 1839 being driven by the 1st respondent came in a rash and negligent manner without following traffic rules and without blowing the horn, and hit the commander jeep at about 6.15 p.m, as a result of which the deceased fell down and died on the spot and three more persons sustained grievous injuries. The 1st claimant also sustained scratches on her right elbow and the injured were shifted to Government Area Hospital, Narasaraopet. The accident was reported to Narasaraopet Rural Police and they registered a case in Crime No.192 of 2016 under Sections 304-A & 337 of I.P.C and investigated the case. Hence, the petitioners filed the M.VO.P. claiming compensation of Rs.15,00,000/-. 4. The 1st respondent remained exparte, while the 2nd respondent-APSRTC, while denying the allegations made in the written statement, stated that the accident was occurred due to the rash driving and negligence of the driver of the commander jeep, who has not observed the traffic rules, regulations and the road traffic. The said accident occurred due to the contributory and composite negligence of both the drivers of the commander jeep and RTC Bus. The petition is bad for non-joinder of proper 6 NV,J M.A.C.M.A.NO.1056 OF 2025 and necessary parties of the owner and insurer of the commander jeep. The petitioners have not filed any proof to show that they are the legal heirs of the deceased and the dependents on the earnings of the deceased. The respondent Corporation denied the age, occupation and income of the deceased and the compensation claimed is highly excessive and exorbitant. 5. Based on the above pleadings, the Tribunal framed the following issues for trial. 1) Whether the accident took place due to the rash and negligent driving of the driver of the crime vehicle bearing registration No.AP 29 Z 1839? 2) Whether the O.P is bad for non-joinder of proper and necessary parties i.e., the owner and insurer of the commander vehicle in which the deceased was traveling at the time of the accident? 3) Whether the petitioners are entitled for the compensation, if so, for what amount and against whom? 4) To what relief? 6. During the course of trial, in order to prove their case, the claimants examined themselves as PWs.1 and 2 and got marked 7 NV,J M.A.C.M.A.NO.1056 OF 2025 Exs.A1 to A6. On behalf of the 2nd respondent-Corporation, no witnesses were examined and no documents were marked. 7. The Tribunal, on examination of the oral and documentary evidence placed by the petitioners, held that the accident took place due to the rash and negligent driving of the driver of the APSRTC Bus bearing registration No.AP 29 Z 1839. The Tribunal also held that since there is no iota of evidence to establish that the accident took place due to contributory and composite negligence of both the drivers of commander jeep and RTC bus, and as the said accident took place due to the rash and negligent driving of 1strespondent-driver, the owner and insurer of the commander jeep are not necessary parties to the O.P. 8. Further, the Tribunal, taking the age of the deceased as 48 years at the time of his death and after multiplier of 13 suitable for the age of the deceased as per Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298 (SC)), applied multiplier of 13, in the absence of cogent evidence regarding the income of the deceased, fixed the income of the deceased as Rs.8,000/- per month as per the Minimum Wages Act, 1948. However, considering the monthly wage for LMV driver for private transport since 01.04.2015 to 30.09.2015 was Rs.8,223.60 as per 8 NV,J M.A.C.M.A.NO.1056 OF 2025 G.O.Ms.No.90, LET & E (Lab-II), dated 28.09.2007 w.e.f. 26.10.2007 for Private Motor Transport, the income of the deceased was fixed at Rs.8,224/- and after deducting 1/4 of the amount out of Rs.8,224/- towards personal and living expenses, it comes to Rs.6,168/- (Rs.8,224 (-) 2,056/-). As such, the loss of dependency was determined at Rs.9,.62,208/- (Rs.6,168/- X 12 X 13 = Rs.9,62,208/-). In addition to that, the Tribunal also awarded Rs.2,00,000/- towards loss of love and affection, Rs.10,000/- towards transportation charges, Rs.1,44,000/- towards parental consortium, as per the judgment in Janabai, D/o Dinkarrao Ghorpade& others v. ICICI Lambord Insurance Company Ltd.,1 besides Rs.15,000/- towards funeral expenses, Rs.15,000/- towards loss of estate. In total, the Tribunal awarded compensation of Rs.13,46,200/- with subsequent interest at Rs.12% p.a. from the date of petition till the date of realization, payable by the respondents 1 and 2 jointly and severally. Challenging the said award of compensation, the APSRTC filed the present appeal. 1 SLP (civil) No.210077 of 2019 9 NV,J M.A.C.M.A.NO.1056 OF 2025 8. Heard Sri Aravala Rama Rao, learned standing counsel for the appellant-Corporation and Sri Kommareddy Divakara Reddy, learned counsel appearing for respondents. 9. Learned standing counsel for the appellant submits that the Tribunal erroneously held that the Appellant Corporation failed to establish that the accident took place due to rash and negligent driving of the deceased; that the Tribunal grossly erred in awarding Rs.2,00,000/- towards loss of love and affection and also awarding interest at 12% per annum instead of awarding 7.5% p.a., as the Apex Court awarded 7.5% p.a. in similar cases and the compensation awarded is excessive. 10. Having regard to the facts and circumstances of the case and the submissions of the learned standing counsel for the appellant-Corporation, as seen from the award under appeal, this court found that the findings given by the Tribunal that the accident occurred due to the rash and negligent driving of the driver of the 1st respondent therein i.e.,APSRTC Bus bearing registration No.AP-29-Z-1839; that there is no iota of evidence either oral or documentary on behalf of the respondents herein to establish that the accident took place due to the rash and negligent driving of the deceased or due to the contributory 10 NV,J M.A.C.M.A.NO.1056 OF 2025 negligence of the deceased and the 1st respondent therein became final in the absence of specific challenge and needs no interference as the same is just, reasonable and well founded. 11. Coming to the issue of non-joinder of necessary and proper party i., owner and insurer of the commander vehicle in which the deceased was travelling at the time of accident, the Tribunal categorically held that as there is no iota of evidence either oral or documentary on behalf of the respondents therein to establish that the accident took place due to the rash and negligent driving of the deceased or due to the contributory negligence of the deceased and the 1st respondent therein the owner and insurer of the commander jeep are not necessary and proper parties to the O.P. and the said finding became final and needs no interference in the absence of specific challenge. 12. In so far as award of compensation is concerned, having considered the contentions and on perusal of the award, this court found that while awarding compensation under various heads, the Tribunal gave specific reasons for grant of the compensation under various heads. However, in so far as award of compensation of Rs.2,00,000/- towards loss of love and affection is concerned, this court found that the Tribunal, following 11 NV,J M.A.C.M.A.NO.1056 OF 2025 the ratio laid down in Asha Verman and others v. Maharaj Singh and others2, awarded compensation of Rs.2,00,000/- for loss of love and affection and award of such compensation is in the facts and circumstance of the case and the reasons assigned to that effect is just and reasonable and the same do not suffer from any serious infirmity. In so far as award of interest at 12% p.a. is concerned, learned counsel for the appellant-Corporation contended that award of such interest is erroneous and excessive. Having considered the contentions of the learned counsel for the appellant-Corporation and in the facts and circumstances of the case, interest of justice would be better sub-served if the rate of interest awarded by the Tribunal is reduced to 9% from 12% p.a. 14. Accordingly, the M.A.C.M.A. is partly allowed, confirming the award dated 31.10.2023 passed in M.V.O.P.No.24 of 2021 on the file of the Chairperson Motor Vehicles Accidents Claims Tribunal–cum–X Additional District Judge, Gurazala, Guntur District, except to the extent of interest component as indicated above. There shall be no order as to costs. 2 2015 AIR SCW 3577 12 NV,J M.A.C.M.A.NO.1056 OF 2025 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA, J Date: 30.12.2025 LSP/JLSR