The main legal point established in the judgment is that the compensation awarded in motor accident claims should be based on the evidence of rash and negligent acts, as well as the consideration of the deceased's income and conventional heads of compensation.

JUDGMENT :

Challenge in this M.A.C.M.A. is to the award, dated 18.03.2015 in M.V.O.P.No.1716 of 2012, on the file of Additional District & Sessions Judge-Motor Accident Claims Tribunal, Visakhapatnam (for short “Tribunal”), where under the Tribunal as against the original claim of the claimants to award compensation of Rs.6,00,000/- on account of the death of Nijam Mallik (hereinafter will be referred to as “deceased”) in a motor vehicle accident, which was occurred on 29.08.2012, granted a sum of Rs.3,56,000/- towards compensation with subsequent interest at 6% per annum from the date of petition till the date of realization and directed the respondents to deposit the same within two months from the date of award. The Tribunal apportioned the compensation as that of Rs.1,56,000/- in favour of first claimant, Rs.1,00,000/- in favour of second claimant and Rs.1,00,000/- in favour of third claimant.

2) The parties to this MACMA will hereinafter be referred to as described before the Tribunal for the sake of convenience.

3) The claimants, who are three in number, filed M.V.O.P.No.1716 of 2012 under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.6,00,000/- on account of the death of deceased in a motor vehicle accident.

4) The case of the claimants, in brief, before the Tribunal is that the first claimant is the wife and the claimants 2 and 3 are the children of the deceased. Parents of the deceased predeceased to him. On 29.08.2012 morning the deceased started at Ramayogi Agraharam village on his motorcycle bearing No.A.P.31-S-8452 to go to Koduru Village on his personal work. He was proceeding on the motorcycle towards Koduru village through Sabbavaram village. At about 9-30 a.m., when the deceased reached near RTC complex main road, Sabbavaram, one APSRTC Bus bearing No.A.P.10-Z-8745 (“offending vehicle” for short), came from Bus stop, Sabbavaram. While proceeding towards Gajuwaka through main road, Sabbavaram village, the driver of the said bus drove the same with high speed in rash and negligent manner and dashed against the motorcycle of the deceased from the back side. As a result, the deceased fell down on the main road and received grievous head injury. He was shifted to Sabbavaram Government Hospital for the first time and after first aid, he was shifted to K.G.H, Visakhapatnam for better treatment. The deceased died while taking treatment in K.G.H, Visakhapatnam on 03.09.2012 at about 7-30 a.m. Police registered a case in Crime No.110 of 2012 under Section 337 of the Indian Penal Code (“IPC” for short). Later after death of the deceased, police altered the section of law into Section 304-A of IPC from 337 of IPC. The accident occurred was due to rash and negligent driving of the driver of the offending vehicle. The deceased was working as coolie. He was earning Rs.9,000/- per month. He was only earning member in the family. The claimants are deprived of the income on account of the death of deceased. The first respondent is the driver of the offending vehicle and respondent Nos.2 and 3 are owners of the offending vehicle, as such, they are jointly and severally liable to pay the compensation. Hence, the claim.

5) Before the Tribunal the first respondent/driver remained exparte.

6) The third respondent got filed a counter and second respondent got filed a memo adopting the counter of the second respondent. The contention of the respondent Nos.2 and 3 according to their counter, in brief, is that the claimants have to prove the manner of accident and alleged negligence of first respondent/driver and injuries received by the deceased and his death and also the occupation and earnings of the deceased. In fact the Bus was plying between Sabbavaram and Narsipatnam in the second trip. The Bus started at Tuni at about 8-30 a.m. and reached Manyam Vuratla junction at 9-15 a.m. Then the driver observed a Lorry coming in the opposite direction and he gave side to the lorry and slowed down the bus. As the bus was near