IMPORTANT POINT
The court established that accurate income assessment, consideration of future prospects, and appropriate multipliers are essential for determining just compensation under the Motor Vehicles Act.

JUDGMENT :

Ravi Nath Tilhari

Heard Sri K. Srinivasa Rao, learned counsel, representing Sri N. Siva Reddy, learned counsel for the claimants and Sri Naresh Byrapaneni, learned counsel for the New India Assurance Company Limited.

2. MACMA No.215 of 2010 is filed by the claimants for enhancement of compensation. MACMA No.2164 of 2013 is filed by the Superintendent Engineer, Operation & Maintenance Circle, Lower Sileru Project Division 3, Mothugudem, Khammam District, EEC, LSHE Scheme, Owner of the offending vehicle.

3. Both the appeals arise out of the same judgment and award dated 07.07.2008 passed in MVOP No.668 of 2003 by the Motor Accident Claims Tribunal (Principal District Judge) East Godavari District, Rajahmundry (in short ‘the Tribunal’).

4. The claimants filed MVOP No.668 of 2003 before the Tribunal under Section 166 of the Motor Vehicles Act, 1988 (in short ‘MV Act’) read with Rule 455 of the Andhra Pradesh Motor Vehicles Rules 1989, claiming compensation of Rs.40,00,000/- on account of the death of Kakinada Rambabu (hereinafter referred to as ‘deceased’), in a road accident, dated 15.03.2003.

5. The claim petition was filed inter alia on the averments that the deceased was aged about 30 years. At the time of accident, the deceased was working as Assistant Executive Engineer Four by Sub-division Mothugudem Operation and Maintenance L.S.H.E.Scheme Mothugudem Division and was drawing Rs.23,040.50 ps per month as salary by the date of his accident. He got family, parents, wife, minor daughter and minor son. On 15.03.2003 at 5.30 p.m. the deceased and another person were going by Jeep bearing registration No.AP-20-1138 being driven by its driver, the 1st respondent in MVOP in discharge of their duties and when they reached culvert 5/7 power canal odiya camp of Miothugudem, the jeep fell into side by canal with water due to rash and negligent driving of it by the 1st respondent and as a result, the deceased died. The accident occurred due to sole rash and negligence driving of the driver of the Jeep.

6. The widow, minor son and daughter and parents of the deceased filed the claim petition MVOP No.668 of 2003.

7. The 1st respondent driver filed written statement which was adopted by the 2nd respondent, owner of the Jeep.

8. The 3rd respondent in MVOP - New India Assurance Company filed separate written statement, denying the material pleas taken by the claimants.

9. On the basis of the pleadings, the Tribunal framed the following issues:

1. Whether the deceased Kakinada Rambabu died in motor accident occurred on 15-03-2003 at about 5.30 p.m near power Canal 5/7 Mile stone Odiya Camp, due to the rash and negligent driving of Jeep bearing No.AP20-1138 by the 1st respondent?

2. Whether the petitioners being the dependants of the deceased Kakinada Rambabu are entitled to the compensation of Rs.30,00,000/- with interest thereon from all the respondents with joint and several liability?

3. To what relief?

10. On behalf of the claimants, PWs 1 to 4, namely, Kakinada Madhavi (1st claimant), Mandava Ramesh, K. Bhavani Sankaram and Pinninti Janardhana Rao were examined and Exs.A1 to A7 and Exs.X1 to Ex.X4 were marked. They are, Ex.A1-Attested photocopy of FIR in Cr.No.4/2003 of Mothugudem Police Station, Ex.A2-Attested copy of inquest report of the deceased, Ex.A3-Attested copy of report issued by M.V.Inspector, Bhadrachalam, Ex.A4-Attested copy of post mortem report of the deceased issued by Medical Officer, Government Hospital, Chinturu, Ex.A5-Attested copy of charge sheet in Cr.No.4/03 of Mothugudem Police Station on the file of Sub-Divisional Magistrate, (Mobile) at Bhadrachalam, Ex.A6-Attested copy of driving licence of the 1st respondent issued by RTA Khammam, and Ex.A7-Nativity residence certificate of the petitioner; Ex.X1-Letter issued by Power Generation Corporation Limited, Upper Sileru, Ex.X2-Last Pay Certificate of the deceased is