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Andhra Pradesh High Court
Judges : RAMANUJULU NAIDU
A.P.S.ROAD TRANSPORT CORPORATION, General Manager, MUSIRABAD, HYDERABAD - Appellant
Versus
ANNAPUREDDY GURAVA REDDI - Respondent
C. M. A. No. 574/82
Decided On : 11-24-83
Advocates Appeared :
Mr. G. Ananda Rao, Mr. S. Ranga Reddy
Held: The mode of assessment of damages payable to his or her parents is difficult in the case of a death of a child and the Court must take rare to exclude all considerations of matter which rest in speculation or fancy though conjecture to some extent is inevitable. In order to succeed it is necessary for the parents to establish that they lost a reasonable probability of pecuniary advantage.
In this case, the deceased boy was aged nine years at the time of his death. Even if he had no schooling he would have ended up as a craftsman or an artisan or an agricultural labourer after attainment of majority of 21 years and would have been of financial support to his parents. In other words 12 years after the date of his death, he would have been of assistance to his parents. The father of the deceased was forty years while the mother was thirty years at the time of his death. The average span of life of a human being is sixty years. The deceased would have therefore supported his father for a period of eighteen years after attaining majority. He would have earned at least Rs. ten per day and would have contributed one fourth of his wages to his parents. The loss of dependency of the parents of the deceased can be estimated at Rs. 900/- per annum for 18 years. The loss would be a tune of Rs. 16,200/- A sum of Rs. 1,800/- towards compensation for mental agony suffered by the parents would be reasonable.
C. M. A. Dismissed.
( 1 ) THIS appeal is preferred against the order passed by the Motof accidents Claims Tribunal (Addl. District Judge), Khammam in MAT. O. P. No. 73 of 1981 on its file awarding compensation to the respondents in a sum of Rs. 18,000/- under Section 110-A of the MOTOR VEHICLES ACT, 1988.
( 2 ) ON 11-6-1981 at about 8,00 a. m. the bus bearing No. A. A. Z. 1975 belonging to the A. P. State Road Transport Corporation was proceeding to kharamam from Koihagudem. On its way, in front of the house of one udumula Venkateswara Reddy, it dashed against a boy then aged about nine years and ran over him causing multiple grievous injuries to him. Unfortunately, the victim succumbed to the injuries on the same day in the government Civil Hospital, Kothagudem, The parents of tho deceased boy, the respondents herein, claimed compensation in a sumofrs. 30, OOO/- the Tribunal held that on account of rash and negligent driving of the bus the accident took place. A sum of Rs. 18. 000/- by way of compensation was awarded to the respondent.
( 3 ) AGGRIEVED by the award of the Tribunal the above appeal was preferred by the A. P. State Road Road Transport Corporation.
( 4 ) SRI C. Ananda Rao, learned counsel for the appellants-Corporation sumbit that the deceased boy ran across the road and courted his death and that the driver of the bus was not at fault. I however find it difficult to accede to tho submission of Sri C. Ananda Rao, P. W. 2 who was standing nearby the scene of accident deposed that on account of rash and negligent driving of the bus the deceased boy was run over after he was dashed against. Nothing tangible was elisited in his cross-examination so as to discredit his testimony. His evidence satisfactorily establishes contributory negligence of the driver incharge of the bus of the Corporation at the relevant time.
( 5 ) SRI C. Ananda Rao submits that the quantum of compensation awarded by the Tribunal has no rational basis and that usually in the case of death of a child aged below ten years Courts award compensation ranging from Rs. 5, OOO/- to Ri. 8,000/ -. Reliance is placed upon the decision in Euelides Joao Rodrlgues vs. Custodio Dlas wherein the parents of the deceased boy aged five years knocked down to death by a truck were awarded compensation in a sum of Rs. 6. 000/ -. Adverting to the question of quantum of compensation to be awarded the learned Judge observed "no evidence has been led by the parties for this purpose and, as such, the Court has to determine it on basis of the facts that are before it, namely that the unfortunate child was only five years old at the time of the accident. One does not know whether the boy was a bright chid and what he would have done in life. The only consideration, therefore, to be taken in the shock and the agony the appellants must have felt with the loss of their son. " it may be thus noted that in the above case compensation was awarded to the parents of the deceased boy towards shock and agony undergone by them. For want of any material placed before the learned Judge no compensation towards deprivation of reasonable pecuniary benefits to the parents of the deceased was awarded.
( 6 ) TN C. K. Subramania Iyer vs. T, Kunni Kuttan Nair" a boy aged eight years was hit by a bus on 26-2-1956. As a result of the accident the boy sustained severe multiple injuries. He became unconscious immediately after the accident and succumbed to the injuries on the morning of 28-2-1956. The parents of the deceased boy claimed a sum of Ra. 30,000/- under Sections 1-A and 2 of the FATAL ACCIDENTS ACT, 1855. The trial Court computed the compensation under Sections 1-A and 2 of the Fatal Accidents act at Rs. 5. 000/ -. On appeal the High Court determined the damages under Section 1-A of the FATAL ACCIDENTS ACT, 1855 at Rs. 5,oqo/- and under section 2 of the FATAL ACCIDENTS ACT, 1855 at Rs. 1,000/. The parents of the deceased boy dissatisfied with the quantum of compensation appealed to the
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