The legal representatives of a deceased in a motor vehicle accident are entitled to compensation irrespective of their dependency, but the deduction towards the deceased's personal expenses should be determined based on the number of dependants.

JUDGMENT :

U.DURGA PRASAD RAO, J.

The challenge in this appeal at the instance of the Insurance Company is to the order dated 27.11.2017 in M.V.O.P.No.162/2014 passed by the learned Chairman, MACT-Cum-VII Additional District and Sessions Judge, West Godavari, Eluru awarding compensation of Rs.20,92,204/-to the claimants, who are the wife and children of one Borra Venkata Madana Mohana Rao, who died in a motor vehicle accident on 07.10.2013, when he was proceeding from Samisrigudem to Tanuku on his motor cycle bearing No.AP 37VK 7581 along with one Matta Nagendra as pillion rider and when they crossed NH-16 road to enter Tanuku town from Undrajavaram Junction side, the lorry bearing No.WB 23C 2745 dashed the motor cycle causing the death of the said Mohan Rao. Alleging that the lorry driver was responsible for the accident and due to the death of the deceased, his family lost the breadwinner, claimants filed M.V.O.P.No.162/2014 claiming Rs.26.00 lakhs as compensation against respondents 1 to 3 who are driver, owner and insurer respectively of the offending lorry.

2. The respondents 1 and 2 remained ex parte and the 3rd respondent/Insurance Company contested the O.P. Its main contention is that the deceased himself was responsible for the accident, as he suddenly tried to cross the NH-16 road and therefore, the respondents are not answerable to the claim. It is further contended that the claim is highly excessive and exorbitant. The Tribunal having regard to the evidence on record, negatived its contention and awarded compensation as stated supra.

Hence, the instant appeal.

3. Heard arguments of Sri Gudi Srinivasu, learned counsel for appellant, and Sri Kambhampati Ramesh Babu, learned counsel for the respondents 1 to 4/claimants.

4. Severely fulminating the award, learned counsel for the appellant would firstly argue that the Tribunal erred in fastening liability on the lorry driver without having regard to the facts and evidence, as they would clearly depict that the fault in the accident squarely lies with the deceased himself, inasmuch as, he suddenly tried to cross the NH-16 road unmindful of the vehicles passing on either side and hit the lorry. Thus the trial Court ought to have held the deceased was responsible for the accident and dismissed the claim of the claimants.

(a) Nextly, he argued, Tribunal erred in accepting the gross salary of the deceased as Rs.32,285/-basing on Ex.X2-Salary Certificate though Ex.X3-Service Register shows that the pay of deceased was Rs.27,500/-w.e.f. 01.08.2013 and thereby compensation was unduly escalated.

(b) Learned counsel further argued that the Tribunal erred in deducting 1/4th of the income of the deceased towards his personal expenditure on the premise that his dependants were four in number, though, the 2nd respondent-claimant is a married daughter and not a dependant of the deceased. The Tribunal therefore ought to have deducted 1/3rd, instead of 1/4th, to arrive at his net contribution to the family. He placed reliance on Oriental Insurance Company Limited v. P.Sathyavathamma, MANU/AP/0677/2009 = 2010 (3) ALT 433. He thus prayed to allow the appeal.

5. Per contra, learned counsel for the respondents 1 to 4 Sri Kambhampati Ramesh Babu would argued that the Tribunal having regard to the evidence on record, particularly that of PW2 – eye witness, has held that the lorry driver was responsible for the accident and therefore, it is preposterous to contend that the deceased himself was at fault. Nextly he would argue that the Tribunal while fixing the monthly income of the deceased, has rightly taken into consideration Ex.X2-Salary Certificate which depicts the gross salary of the deceased for the month of September, 2013 i.e., previous month of his death. He would further submit that on the other hand, Ex.X3-Service Register shows only the enhanced pay of the deceased as Rs.27,500/- w.e.f. 01.08.2013. Since the said amount is only ‘basic pay’ without other allowances, the said amount of Rs.27