1 APHC010124112019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 383/2019 Between: 1. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE, NEAR RTC BUS STAND, KADAPA CITY AND DISTRICT ...APPELLANT AND 1. PASAM JAYAMMA, W/O. LATE PASAM GURAVA RAJU, HINDU, AGED ABOUT 50 YEARS, HOUSEWIFE, R/O. H. NO. 1/24, BRAHMANAPALLI VILLAGE, KALASAPADU MANDAL, KADAPA DISTRICT 2. PASAM SUBBARAJU, S/O. LATE PASAM GURAVA RAJU, HINDU, AGED ABOUT 31 YEARS, COOLIE, R/O. H. NO. 1/24, BRAHMANAPALLI VILLAGE, KALASAPADU MANDAL, KADAPA DISTRICT. 3. PASAM NARAYANA RAJU, S/O. LATE PASAM GURAVA RAJU, HINDU, AGED ABOUT 27 YEARS, COOLIE, R/O. H. NO. 1/24, BRAHMANAPALLI VILLAGE, KALASAPADU MANDAL, KADAPA DISTRICT. 4. SIRRA PEDDA OBANNA, , FATHER' S NAME NOT KNOWN, HINDU, AGED ABOUT 38 YEARS, HINDU, DRIVER OF APSRTC BUS BEARING NO. AP 29-Z-3815, R/O. RAVULAPALLI VILLAGE, KHAJIPETA MANDAL, KADAPA DISTRICT, ...RESPONDENT(S): 2 Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased tothis Memorandum of Civil Miscellaneous Appeal before this Hon'ble Court being aggrieved by the Judgment and Decree dated 24.01.2019 in M.V.O.P.No. 313/2018 on the file of the Chairmarl, Motor Accidents Claims Tribunal - Cum -Principal District Judge, Kadapa, Kadapa District IA NO: 1 OF 2019 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 pleased to stay of all further proceedings including the execution proceedings in M.V.O.P.No. 313 of 2018 on the file of the Chairman, Motor Accidents Claims Tribunal - Cum - Principal District Judge, Kadapa, Kadapa District and pass Counsel for the Appellant: 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent(S): 1. D KODANDARAMI REDDY The Court made the following: 3 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 383/2019 JUDGMENT: The present appeal is filed by APSRTC, questioning the order dated 24.01.2019, in MVOP No.313/2018, on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Principle District Judge, Kadapa. 2. The respondent Nos.1 to 3 filed claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.10,50,000/- , on account of the death of Pasam Gurava Raju, who died in the accident that was occurred on 11.08.2017, in which the offending bus belonging to the appellant bearing registration No.AP29Z3815 was involved. 3. The tribunal after thread bare enquiry awarded compensation of Rs.10,23,000/- together with interest @ 6% p.a. from the date of petition till the date of realization. Questioning the same, the present appeal is filed. Though several grounds were raised in the present appeal, the counsel for the appellant confined his argument in respect of granting an amount of Rs.3,00,000/- to the petitioners towards loss of love and affection and Rs.1,00,000/- towards expectancy of life. 4. The counsel for the appellant would strenuously contend that, the tribunal erred in granting above mentioned amounts and the same is not in accordance with the judgment rendered by the Hon’ble Apex Court in the case of National Insurance Company Ltd., Vs. Pranay 4 Sethi and Ors.,1. He would further contend that, the compensation awarded by the tribunal is excessive and prayed to set aside the order under challenge in as much as compensation is not in accordance with law. 5. On the other hand, the counsel for the respondents would contend that, though it was specifically pleaded before the Tribunal that the deceased was a Mason by avocation and was earning an amount of Rs.10,000/- per month, the Tribunal having accepted that the deceased was a Mason had fixed income as Rs.6,000/- per month. He would further submit that the Tribunal ought to have considered the income of the deceased as Rs.10,000/- and accordingly ought to have awarded compensation. He would further rely on the judgment rendered by this Court in the case of United India Insurance Company Limited vs. Derangula Ratna and others 2 , where under this Court while considering the Gazette No.1149, dated 13.03.2017 issued by the State of Andhra Pradesh under Rule 25 (v)(b) of the AP Contract Labor (R&A) Rules, 1971, the income of skilled labour was fixed as Rs.11,670/- per month. 6. Learned counsel for the respondents would fairly submit before this Court that in so far as granting compensation of Rs.3,00,000/- to the petitioners towards loss of love and affection and Rs.1,00,000/- towards expectancy of life are not in accordance with the (2017) 16 Supreme Court Cases 680 2 2026 SCC Online AP 429 5 judgment of the Hon’ble Apex Court in the case of National Insurance Company Ltd., Vs. Pranay Sethi and Ors. 7. Having regard to the submissions made by the learned counsel on either side and following the ratio laid down by this Court in the case of United India Insurance Company Limited vs. Derangula Ratna and others., the compensation in the case on hand is computed as under: Description of the Head Amount Entitled in Rupees Net Annual Income Rs.11,670x12=Rs.1,40,040/- Future Prospects (at the age of 55 years) Rs.14,004/- (i.e., 10% of the Income) Total Income Rs.1,54,044/- Deduction towards personal expenditure (i.e., 1/3rd ) Rs.51,348/- Total Annual Loss of Dependency Rs.1,02,696/- Multiplier of 11 for the age 55 years (1,02,696 x 11) = 11,29,656/- Conventional Heads: (i)Loss of consortium (3 claimants) Rs.1,20,000/-(3x40,000) (ii) Loss of Estate Rs.15,000/- (iii) Funeral Expenses Rs.15,000/- Total Compensation Rs.12,79,656/- 8. It is needless to mention whenever compensation is being awarded, the Courts are duty bound to bear in mind that just 6 compensation is awarded to victim/claimant. Taking into consideration of the same, the compensation is fixed as mentioned above in the present case. Further on perusal of the order under challenge, the Tribunal had awarded interest @ 6% p.a., whereas this Court is consistently awarding interest @ 7.5% p.a. as against the compensation, especially when an award is made under beneficial legislation. 9. For the foregoing reasons, the Appeal is dismissed, however with a direction to the respondents to pay compensation of Rs.12,79,656/- together with interest @ 7.5% p.a. from the date of petition till the date of realization. It is needless to mention, the respondents are directed to pay the said amount to the petitioners within a period of two (2) months from the date of receipt of the copy of this order. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR 07.03.2026 TPS 7 67 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR MACMA.No.383 OF 2019 07.03.2026 TPS