Direction given to deduct amount from awarded compensation amount already paid by Corporation.

Aggrieved by the Award dated 03.01.2005 in O.P.No.2015 of 2001 passed by the Chairman, MACT-cum-Additional Metropolitan Sessions Judge for trial of Communal Offence Cases, Red Hills, Hyderabad (for short the Tribunal), the claimants preferred the instant MACMA.

2) The facts in nutshell are thus:

a) The 1st claimant is wife, 2nd claimant is son, 3rd claimant is daughter and 4th claimant is mother of deceased Rasala Nagabhushanam. Their case is that on 15.07.1995 when the deceased along with his friend K.Gangi Reddy was going on his scooter bearing No.AAW 4719 from Kulsumpura to Gudimalkapur and when he reached near Pochamma Temple, Laxminagar X roads, a RTC bus bearing No.AP 9 Z 4250 being driven by its driver at high speed and in a rash and negligent manner dashed the scooter from behind and caused the accident. Thereby, the deceased fell down on the road and left rear wheels of the bus ran over the deceased and he died on the spot. It is averred that the accident was occurred due to fault of bus driver. On these pleas, the claimants filed O.P. No.2015 of 2001 against respondents 1 and 2, who are the Managing Director and Depot Manager of APSRTC and claimed Rs.2,50,000/-as compensation under different heads mentioned in the O.P.

b) Respondents opposed the claim denying all the petition averments. They contended that claimants were paid a sum of Rs.50,000/- in full and final settlement of all the claims and the claimants have acknowledged the same and hence, petition is not maintainable. They further contended there is no negligence on the part of driver of the bus and in fact the deceased while overtaking the bus from its lift side, lost control and his scooter skidded and he fell down and came into contact with left side rear wheel of the bus. They also contended that claim is highly excessive and exorbitant and sought for dismissal of OP.

c) During trial, PW1 was examined and Exs.A1 to A6 were marked on behalf of claimants. RWs.1 and 2 were examined and Exs.B1 to B6 were marked on behalf of respondents.

d) A perusal of the award would show that Tribunal having regard to the oral and documentary evidence held that bus driver was responsible for the accident. Sofaras quantum of compensation is concerned, the Tribunal granted Rs.1,92,000/- and after deducting the amount of Rs.50,000/- already paid, awarded Rs.1,42,000/- as compensation with interest @ 9% per annum as follows:

Loss of dependency Rs.1,60,000-00

Loss of estate Rs. 15,000-00

Loss of consortium Rs. 15,000-00

Funeral expenses Rs. 2,000-00

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Total Rs.1,92,000-00

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(Rs.1,92,000 minus Rs.50,000/-)

Hence, the appeal by the claimants.

3) Heard arguments of Sri T.Viswarupa Chary, learned counsel for appellants and Sri K.Madhava Reddy, learned counsel for respondents/APSRTC.

4) Learned counsel for appellants criticized the award mainly on the two grounds.

a) Firstly, criticizing that the compensation was too low and inadequate, he argued that the deceased was a young person aged 35 years and he was earning Rs.3,500/- p.m by doing sheep business but the Tribunal, without there being any basis, accepted his annual income only at Rs.15,000/- which is unjust. By this act, he argued, compensation was drastically reduced. He relied upon the decision of Apex Court reported in Ramachandrapppa vs. Manager, Royal Sundaram Aliance Insurance Co. Ltd. , and contended that in that case, the Apex Court fixed the monthly earnings of a coolie aged 35 years at Rs.4,500/- on the observation that there was no evidence contrary to his claim. He submitted that in the instant case also, no rebuttal evidence was placed by the respondents and so the monthly income of the deceased can be safely accepted as Rs.3,500/-. He further submitted that to the aforesaid amount, some addition can be made towards future prospects as laid down by the Apex Court in Rajesh and others vs. Rajbir Singh and others. He also argued that following Rajeshs case (2 supra), loss of consortium and funer