Judgment

DR. ARIJIT PASAYAT, J.- Leave granted.

2. Challenge in these appeals is to the judgment of a learned Single Judge of the Andhra Pradesh High Court disposing of several appeals filed under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act"). Appeals were filed by the claimants as well as the present appellant Corporation and its functionaries. By the impugned judgment the High Court partly allowed the appeal filed by the claimant while dismissing the appeal filed by the appellant Corporation.

3. One K. Lingam lost his life purportedly in a vehicle accident. His widow and the minor children claimed compensation. Similarly his widow Smt K. Hemlatha also claimed compensation for about Rs 8,00,000 while the injured claimant in respect of the same accident claimed compensation of Rs 1,00,000.

4. It was the case of the claimants that on 19-3-1998 the deceased and injured claimant in OP No. 878 of 1998 were proceeding on motorbike bearing No. AP 10 J 5350 towards Yadagirigutta, and when they reached the RTC bus depot at Yadagirigutta, bus bearing No. AP 9 Z 3972 belonging to A.P. SRTC, came from back side and dashed the motorcycle. In the said accident, the deceased and the claimant suffered grievous injuries. At first instance, both were admitted in Government Hospital, Bhongir and thereafter they were shifted to Gandhi Hospital, Secunderabad. Considering the serious condition of the deceased he was shifted to COR Hospital, Hyderabad, where he succumbed to injuries on 24-3-1998. On a complaint lodged to the police, a case in Crime No. 16 of 1998 was registered on the file of Police Station Yadagirigutta.

5. It was the further case of the claimants that the deceased was a Class I contractor and was an income tax assessee and was doing high magnitude civil contracts. Pleading that due to sudden and untimely death of the deceased, they lost dependency, they claimed compensation which included non-pecuniary damages on account of loss of estate, and loss of consortium. So far as OP No. 878 of 1998 is concerned, the same was filed by the wife of the deceased who was also, injured In the same accident, claiming compensation on account of medical expenditure, pain and suffering and disability.

6. The said claim was resisted by the appellant Andhra Pradesh State Road Transport Corporation (in short "the Corporation") by filing a counter-affidavit before the Tribunal. It was the case and it was their specific case that the bus did not hit the motorbike. Further, it was their case that on seeing the speeding bus the deceased himself got puzzled and skidded off the road; as such, the deceased and the claimant suffered injuries. Precisely, it was the case of the Corporation that the bus of the Corporation did not hit the motorbike at all; as such, there was no negligence on the part of the driver of the bus of the Corporation to claim compensation from it.

7. The Tribunal in the two claim petitions framed issues. After taking note of the evidence on record, it was held that the deceased was aged 41 years, his earning was about Rs 5000 per month and after deducting I/3rd for personal expenses the contribution to the family was around Rs 3400 p.m. The annual contribution was Rs 40,800. After applying multiplier of 11, compensation of Rs 4,48,800 was awarded. Additionally, a sum of Rs 70,000 for medical expenses, transportation charges, funeral expenses and the like was awarded. In other words in respect of claim for the death of the deceased Rs 5,18,800 was fixed as the amount of compensation. But since the Tribunal held that there was contributory negligence, I/3rd deduction was made. Interest at the rate of 12% was awarded, from the date of claim. In the petition in respect of injuries a sum of Rs 25,000 was awarded but after making deduction of 1/3rd the amount was fixed as Rs 16,666 together with interest at the rate of 12% per annum.

8. Both the claimants and the Corporation filed appeal. As noted above the appeal filed by