The compensation awarded to the claimants in a motor vehicle accident case should be calculated based on the monthly income of the deceased, after deducting personal expenses, and by applying the appropriate multiplier. The claimants are also entitled to compensation for funeral expenses, loss of estate, and loss of consortium.

JUDGMENT

B.V.L.N. Chakravarthi, J. - This appeal is preferred by the 2nd respondent/APSRTC, challenging the award dated 10.07.2015 passed in M.V.O.P.No.494/2012 on the file of Motor Accidents Claims Tribunal-cum-I Addl.District Judge, West Godavari District, Eluru, wherein the Tribunal while allowing the petition, awarded compensation of Rs.9,59,400/- with interest @ 7.5% p.a. from the date of petition, till the date of realisation, for the death of Nagulapalli Naga Raju, in a motor vehicle accident.

2. For the sake of convenience, the parties are arrayed as parties before the tribunal.

3. As seen from the record, originally the petitioners filed an application U/s.166 of Motor Vehicles Act, 1988 (for brevity 'the Act') claiming compensation of Rs.8,00,000/- on account of the death of Nagulapalli Naga Raju, in a motor vehicle accident that occurred on 14.05.2012.

4. The facts would show that on 14.05.2012 at about 02.00 p.m. the deceased Nagulapalli Naga Raju went to jute mill to attend his duty, and at about 10.00 p.m. he got down from duty and proceeding along with co-workers to their village on their respective cycles, and the deceased was pedalling his cycle, proceeding extremely left side of the road, reached near Komadavole old toll gate, Komadavole Panchayat, Eluru Mandal, at about 11.00 p.m., at that time APSRTC Bus bearing No.AP 28Z 3920 coming from Eluru side, proceeding towards Tadepalligudem side, being driven by its driver in a rash and negligent manner, with high speed, without blowing horn and dashed against the deceased cycle from behind, thereby, the deceased fell down on road along with cycle, and the RTC bus tyres ran over the head of deceased, as a result of which, the deceased sustained severe multiple bleeding injuries all over his body and died on the spot.

The deceased is working in Sri Krishna Jute Mill in Winding Department and used to earn an amount of Rs.7,500/- per month towards wages. The petitioners are dependents on the earnings of the deceased. Due to sudden demise of the deceased, the petitioners are unable to eke out their livelihood and suffering a lot of mental agony. The 1st respondent is driver of the APSRTC Bus bearing No.AP 28Z 3930 and the 2nd respondent is owner of the vehicle. Therefore, both the respondents are liable to pay compensation to the petitioners.

5. Before the Tribunal, the 2nd respondent filed written statement resisting, while traversing the material averments with regard to proof of age, avocation, monthly earnings of the deceased, manner of accident, rash and negligence on the part of the driver of the offending vehicle, liability to pay compensation, and contended that the accident occurred only due to wrong peddling of the cycle by the deceased and the deceased himself is responsible for the accident. The petitioners have to prove the age and income of deceased. The compensation claimed is highly excessive.

6. The 1st respondent remained exparte before the Tribunal.

7. On the strength of the pleadings of both parties, the Tribunal framed the following issues:

1. Whether the accident was occurred due to the rash or negligent driving of the APSRTC bus bearing No.AP28Z 3930 by the 1st respondent?

2. Whether the petitioners are entitled for compensation? and if so, for what amount and from which of the respondents?

3. To what relief?

8. To substantiate their claim, the petitioners examined P.Ws-1 to 3 and got marked Exs.A-1 to A-5 and Exs.X-1 and X-2. No oral or documentary evidence was adduced on behalf of the 2nd respondent.

9. The Tribunal, taking into consideration the evidence of P.Ws-1 to 3, coupled with Exs.A-1 to A-5 and Exs.X-1 and X-2, held that the accident took place due to the rash and negligent driving of the driver of RTC Bus, and further, taking into consideration the evidence of P.Ws-1 to 3, corroborated by Exs.A-1 to A-5 and Exs.X-1 and X-2, awarded a compensation of Rs.9,59,400/- with interest @ 7.5% p.a. from the date of petition, till the date of realisation aga