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2001 Supreme(AP) 456

Andhra Pradesh High Court
Judges : N.V.RAMANA
A.P.State Road Trans.Corpn. - Appellant
Versus
P.Venkat Rao - Respondent
Decided On : 04-24-01

Headnote:

Motor Vehicles Act - Sections 165, 140, 163-A and 110 - Accident - Injury - These appeals are heard together and are disposed of by this common order - Before proceeding to consider appeals brief facts that led to filing of these appeals may be noticed - On Express R - T - C bus proceeding and bound for reached - Thereafter from it started and when bus reached near rail crossing gate two persons stopped bus and boarded bus - Then bus started to go - When bus reached village fire broke out due to use of petrol and it ultimately came out that two persons who entered bus with petrol cans poured kerosene and lit a matchstick - Due to fire accident in bus some persons have lost their lives and some persons sustained severe burn injuries and became disabled - Some of injured and some of dependants of deceased who died in accident have filed O - Ps in Motor accidents Claims Tribunal - Held, Therefore in this case compensation has to be calculated without deducting from earnings of claimant towards his personal expenses - After multiplying annual income of appellant with multiplier of disability compensation/loss of earnings has to be arrived at as per cent thereof thus loss of earnings come - Apart from that Claims Tribunal has awarded only towards pain and suffering - Accident has taken place immediately after marriage of appellant - He suffered severe burn injuries - Definitely appellant had suffered pain to a great extent because of said injuries - So I feel it proper and just to award another sum under head of pain and suffering making it - Apart from that for extra nourishment Tribunal has awarded only - In this case appellant was in hospital for a considerable period and spent considerable amount towards extra nourishment - Orders accordingly.

RAMANA, J.

( 1 ) ALL these appeals arise out of the same accident. The appellant in c. M. A. No. 2692 of 1998 is the claimant in O. P. No. 631 of 1993. He filed the appeal being dissatisfied with the quantum of compensation awarded by the Tribunal. The remaining appeals are filed by the a. P. S. R. T. C. aggrieved by the orders and decrees passed by the Tribunal granting compensation to claimants-respondents therein by the Tribunal. As the facts and question involved in all these cases are identical, these appeals are heard together and are disposed of by this common order.

( 2 ) BEFORE proceeding to consider the appeals, the brief facts that led to the filing of these appeals may be noticed. On 8. 3. 1993, the Express R. T. C. bus No. AP 9-Z 4236 proceeding from Hyderabad and bound for Chilakaluripet reached Narsarao-pet at 4 a. m. Thereafter from Narsaraopet it started at 4. 10 a. m. and when the bus reached near the Vinukonda rail crossing gate at Narsaraopet, two persons stopped the bus and boarded the bus. Then the bus started to go to Chilakaluripet. When the bus reached Kavuru village, fire broke out due to the use of petrol and it ultimately came out that the two persons who entered the bus with petrol cans poured kerosene and lit a matchstick. Due to the fire accident in the bus some persons have lost their lives and some persons sustained severe burn injuries and became disabled. Some of the injured and some of the dependants of the deceased who died in the accident have filed O. Ps. in the Motor accidents Claims Tribunal at Guntur. The present appeals are the offshoot of some of the O. Ps. decided by the said Tribunal. C. M. A. Nos. 1992, 1997, 1999, 2000 and 2125 of 2000:

( 3 ) ALL these appeals are filed by the a. P. S. R. T. C. aggrieved by the orders and decrees passed in O. P. Nos. 586 and 585 of 1996; 487 and 500 of 1994; and 597 of 1998 respectively.

( 4 ) THE claimants in O. P. No. 586 of 1996 are the legal heirs of one Md. Rafiq ahmed, who was aged 22 years, studying b. Ed, course and died in the said incident. They filed the O. P. for a compensation of rs. 1,00,000. The Tribunal determined the compensation payable as Rs. 1,00,000 and after deducting Rs. 50,000 paid as ex gratia, arrived at the compensation payable as Rs. 50,000. Aggrieved by the same, the r. T. C. filed C. M. A. No. 1992 of 2000.

( 5 ) THE claimants in O. P. No. 585 of 1996 are the legal heirs of one Pendam srinivas, a boy who just passed his S. S. C. examination who died in the very same fire accident in the bus. They filed the O. P. for a compensation of Rs. 1,00,000. The tribunal determined the compensation as rs. 1,00,000 and after deducting the ex gratia amount of Rs. 50,000 paid to them, awarded a compensation of Rs. 50,000. Aggrieved by the same, the R. T. C. filed c. M. A. No. 1997 of 2000.

( 6 ) THE claimants in O. P. No. 487 of 1994 are the legal heirs of one Margani apparao who died in the same incident. They filed the O. P. for a compensation of rs. 1,00,000 and the Tribunal determined the compensation as Rs. 1,00,000 and after deducting the ex gratia of Rs. 50,000 paid to them, awarded the compensation of rs. 50,000 and apportioned the compensation amongst petitioner Nos. 1 to 4 and respondent No. 2 in the O. P. who are the legal heirs of the deceased. Aggrieved by the same, the R. T. C. filed C. M. A. No. 1999 of 2000.

( 7 ) THE claimants in O. P. No. 500 of 1994 are the legal heirs of one Yendrapati purushottam who died in the same incident. They filed the O. P. for a compensation of Rs. 1,00,000. The Tribunal awarded a total compensation of Rs. 1,00,000 and apportioned the same amongst petitioner nos. 1 and 2 and respondent Nos. 2 to 4 in the O. P. , who are the legal heirs of the deceased. Aggrieved by the same, the r. T. C. filed C. M. A. No. 2000 of 2000.

( 8 ) THE claimants in O. P. No. 597 of 1998 are the father and mother of the deceased who died in the very same incident. They filed the O. P. for a compensation of rs.
































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