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1977 Supreme(AP) 159

Andhra Pradesh High Court
Judges : B.P.JEEVAN REDDY, S.H.SHETH
G.Venkatesham - Appellant
Versus
General Manager, A.P. State Road Transport Corporation, Musheerabad - Respondent
Decided On : 06-16-77

The principles for computing compensation in claims under the Motor Vehicles Act, 1964, include loss of services, pain and suffering, funeral expenses, loss of love and affection to the children, and loss of love and consortium to the husband.

Headnote:

MOTOR VEHICLES ACT, 1964 - SECTION 110-A - FATAL ACCIDENTS ACT, 1855 - SECTION 1-A - COMPENSATION FOR DEATH OF WIFE - PRINCIPLES FOR COMPUTATION - LOSS OF SERVICES - PAIN AND SUFFERING - FUNERAL EXPENSES - LOSS OF LOVE AND AFFECTION - LUMP SUM AWARD.

Fact of the Case:

The deceased, a 21-year-old woman, died in an accident caused by the negligence of the Andhra Pradesh State Road Transport Corporation. The claimant, her husband, filed a claim for compensation under Section 110-A of the Motor Vehicles Act, 1964, seeking Rs. 1,00,000.

Finding of the Court:

The court found that the accident was caused by the negligence of the Corporation and that the compensation awarded by the Tribunal was not more than it should have been. However, the court held that the Tribunal had not followed any principles in computing the compensation and had arrived at the figure of Rs. 10,000 arbitrarily.

Issues: 1. Whether the Tribunal had followed any principles in computing the compensation. 2. Whether the compensation awarded by the Tribunal was fair and just.

Ratio Decidendi: The court held that the Tribunal should have followed the principles laid down by the Gujarat High Court in Hirji Virji Transport v. Basiranbibi (1971-12 Guj LR 783) and by this Court in K. Narayana Reddiar v. P. Venugopala Reddiar (1975-1 APLJ (HC) 191) for computing compensation in claims under the Motor Vehicles Act.

Final Decision: The court allowed the appeal, modified the award made by the Tribunal, and ordered the Corporation to pay the claimant a sum of Rs. 24,000 as compensation for the accidental death of his wife. The amount was to be paid to the claimant not only for his own benefit but also for the benefit of the two minor children of the deceased.

S. H. SHETH, J.

( 1 ) THIS appeal has been filed against an award made by the learned Addl. Chief judge, City Civil Court, Secunderabad acting as the Motor Accident Claims Tribunal. By his award, the Tribunal has granted to the claimant compensation of Rs. 10,000. 00

( 2 ) THE facts of the case, briefly stated, are as under. The claimants wife who was 21 years old died in an accident which was caused by the Andhra Pradesh State Road Transport Corporation on 15-1-1972 in the outskirts of the City of Hyderabad. The claimant-the husband of the deceased made a claim for Rs. 1,00,000. 00 under S. 110-A of the Motor Vehicles Act. 1964 against the Corporation. The Tribunal awarded him a sum of Rs. 10,000. 00 Having been aggrieved by that award, the claimant has filed this appeal.

( 3 ) BY the impugned award the Corporation was also aggrieved. Therefore, the Corporation filed in this Court C. M. A. No. 31/75. It was dismissed by Mr. Justice Madhusudan Rao on 27-2-1976. It has been held in that decision that the accident was caused by the negligence of the Driver of the Corporation bus APZ 4955. He also held that the compensation of Rs. 10,000 which the Tribunal awarded to the claimant was not more. He recorded that finding because the Corporation contended that the compensation of Rs. 10,000. 00 awarded to the claimant by the Tribunal was more than it should have been awarded. The two findings recorded by the learned judge are binding on this Court. It is therefore not open to the Corporation in this Appeal to contend that the accident was not caused by the negligence of the Driver of the Corporation nor is it open to the Corporation to contend that the compensation awarded is more than it should have been awarded.

( 4 ) THE claimant in this appeal contends that the Tribunal has awarded much less compensation than could be justified by the facts and circumstances of the case. Before we consider on merits this contention raised on behalf of the claimant, it is necessary to note certain conspicuous omissions in his petition. The deceased left behind her surviving, her husband, the claimant, and two children ---- (1) One 3 years old and (2) another 20 months old. The claim ought to have been made not only on behalf of the husband but on behalf of the two minor children also. The claim petition was filed only by the husband. Before a claim is made under S. 110-A of the Motor Vehicles Act, it is always necessary to bear in mind the provision of S. 1-A of the Fatal Accidents Act, 19\855. It specified the claimants who can make a claim arising out of the death of a person caused by a fatal accident. Section 1-A inter alia provides that every action or suit for a wrongful act shall be fore the benefit of the wife, husband, parents and child, if any, of the person whose death has been caused and shall be brought by and in the name of the executor, administrator or representative of the person deceased. It is clear therefore that where a woman is killed in a fatal accident, the claim can be made by her husband, children and parents. This is the special provision which has been made under the Fatal Accidents Act 1855 and it is necessary to bear in mind this provision while filing a claim petition under S. 110-A of the Motor Vehicles Act. In the instant case it is on record that the deceased left, amongst others, two children surviving her. It was necessary, therefore, for the claimant not only to make the claim on his own behalf but also on behalf of the two minor children whom the deceased has left surviving her.

( 5 ) THE second characteristic omission which we find in this petition is that the claimant has made a bald claim of Rs. 1,00,000. 00 without stating in the petition or in an annexure to the petition how he has arrived at the figure of Rs. 1,00,000. 00. It is always necessary to specify different heads under which damages or compensation is claimed A bald claim of a lakh of rupees or more or less does not help the claimant is establish










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