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2001 Supreme(AP) 450

Andhra Pradesh High Court
Judges : N.V.RAMANA
APSRTC - Appellant
Versus
P.Venkat Rao - Respondent
A.A.O.No.2617/98
Decided On : 04-24-01
Advocates Appeared :
Mr.C.V.Ramulu, Mr.G.Pedda Babu, Mr.Vasireddy Prabhunath

Headnote:MOTOR VEHICLES ACT, 1988, Sec.165 - "Motor Vehicle accident" - While injured/deceased were in deep sleep in bus, fire broke out resulting in death at 15 members and burn injuries to others - Conductor and driver are negligent in permitting miscreants to enter bus with petrol cans - If accident of any nature occurs out of use of Motor Vehicle whether it is propelled or standing, APSRTC is vicariously liable to pay compensation.

       Expression "arising out of the use of Motor Vehicle" - Ambit and scope - Explained - Difference between injury and death - Stated - In case of personal injury no further amount need be deducted on account of expenses incurred by injured claimants towards personal expenses when multiplier method is applied for assessment of loss of earnings.

N. V. RAMANA, J.

( 1 ) ALL these appeals arise out of the same accident. The appellant in cma 2692 of 1998 is the claimant in OP 631 of 1993. He filed the appeal dissatisfied with the quantum of compensation awarded by the Tribunal. The remaining appeals are filed by the APSRTC aggrieved by the orders and decrees passed by the Tribunal granting compensation to the claimants/respondents therein by the Tribunal. As the facts and the question involved in all these cases are identical, these appeals are heard together and are being 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 RTC bus, AP 9z 4236 proceeding from Hyderabad and bound to Chilakaluripet reached Narsaraopet at 4-00 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 bust 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 OPs in the Motor Accidents Claims tribunal at Guntur. The present appeals are the offshoot of some of the OPs decided by the said Tribunal.

( 3 ) CMA Nos. 1992 of 2000; 1997 of 2000; 1999 of 2000; 2000 of 2000 and 2125 of 2000: these appeals are filed by the APSRTC, aggrieved by the orders and decrees passed in OP Nos. 586 of 1996; 585 of 1996; 487 of 1994; 500 of 1994, 597 of 1998 respectively.

( 4 ) THE claimants in OP 586/1996 are the legal heirs of one Md. Rafiq Ahmed who was aged 22 years and studying B. Ed. , course and died in the said incident. They filed the OP 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 RTC filed CMA No. 1992/2000.

( 5 ) THE claimants in OP 585 of 1996 are the legal heirs of the One Pendam srinivas, a boy who just passed his SSC, examination, who died in the very same fire accident in the bus. They filed the OP 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 RTC filed CMA No. 1997 of 2000.

( 6 ) THE claimants in OP 487 of 1994 are the legal heirs of one Margani Apparao who died in the same incident. They filed the OP 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 appropriated the compensation amongst petitioners 1 to 4 and respondent No. 2 in the op, who are the legal heirs of the deceased. Aggrieved by the same, the RTC filed CMA no. 1999/2000.

( 7 ) THE claimants in OP 500/1994 are the legal heirs of one Yendrapati Purushottam who died in the same incident. They filed the OP for a compensation of Rs. 1,00,000/ -. The Tribunal awarded a total compensation of Rs. 1,00,000/- and apportioned the same amongst petitioners 1 and 2 and respondents 2 to 4 in the OP, who are the legal heirs of the deceased. Aggrieved by the same, the rtc filed CMA No. 2000 of 2000.

( 8 ) THE claimants in OP 597 of 1998 are the father and mother of the deceased who died in the very same incident. They filed the OP for a compensation of rs. 3,00,000/ -. The Tribunal determined the compensation as Rs. 1,01,000/- and after deducting
































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