IMPORTANT POINT
The court established that deductions for personal expenses must consider the number of dependents, and conventional heads should be enhanced based on established precedents.

JUDGMENT :

Ravi Nath Tilhari, J.

Heard Sri Vinod Kumar Tarlada, learned standing counsel for the appellants-Andhra Pradesh State Road Transport Corporation (in short ‘APSRTC’) and Sri K. Yaswanth, learned counsel for respondents No.1 to 4.

2. This appeal under Section 173 of the Motor Vehicles Act (in short ‘the Act’) is by APSRTC challenging the judgment and award dated 28.08.2015, passed by the Motor Accidents Claims Tribunal-cum-XIII Additional District at Gajuwaka (in short ‘Tribunal’) in M.V.O.P.No.1115 of 2011.

3. The 1st respondent is the widow, 2nd and 3rd respondents are the minor daughters, who during the pendency of the claim petition, attained majority, the 4th respondent is the father of the deceased, the 5th respondent in claim petition was the mother of the deceased and died pending MVOP No.1115 of 2011 intestate and 6th respondent was added being legal representative of the 5th respondent.

4. Respondents No.1 to 6, the legal representatives of the deceased- Jagabathuni Kota Venkata Sivudu (in short ‘deceased’), filed M.V.O.P.No.1115 of 2011 under Section 166 of the Act, claiming compensation of Rs.1,00,00,000/- for the death of the deceased in a motor accident, dated 24.04.2011 at about 3.20 p.m. while proceeding on motorcycle bearing No.AP33-A6117 to attend his shift duty at Steel Plant Visakhapatnam, when the APSRTC bus bearing registration No.AP-11Z-6163, driven by its driver, the 7th respondent herein, in a rash and negligent manner and at high speed dashed against the motorcycle of the deceased coming from opposite direction, dragged him to a distance of 20 feet, in which Jagabathuni Kota Venkata Sivudu died, due to the injuries sustained. The deceased was working as foreman with Employee ID No.108845 in E.M.D.Gas Safety Department in Visakha Steel Plant, Visakhapatnam and drawing salary of Rs.37,854.90 ps per month. He was aged about 46 years.

5. The 2nd respondent -APSRTC, filed written statement denying the material averments of the claim petition. It was stated that the driver of the bus was driving the bus slowly and cautiously on the left side of the road. The deceased came in rash and negligent manner and dashed the right side of the bus. It was pleaded that the accident occurred only due to rash and negligent driving on the part of the deceased and there was no rash and negligence on the part of the driver. The compensation claimed was said to be excessive and the claimants were asked to be put to strict proof.

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

1. Whether the deceased Jagabathuni Kota Venkata Sivudu, S/o.Jagabathuni Lakshmi Narayana, died in the accident that occurred due to rash and negligent driving of APSRTC driver of the bus bearing No.AP-11Z-6163?

2. Whether the petitioners are entitled to compensation? If so, to what amount and from whom?

3. To what relief?

7. On behalf of the claimants, PWs 1, 3 and 4, viz., PW1-J. Sreevani, PW3-P. Nageswara Rao and PW.4 – A. Chalapathi Kumar were examined. The evidence of PW 2-D. Narasinga Rao was eschewed and Exs.A1 to A12 viz., Ex.A1-Certified copy of First Information Report, Ex.A2-Certified copy of Complaint given by first petitioner, Ex.A3-Certified copy of Postmortem Report, Ex.A4-Certified copy of driving licence, Ex.A5-Certified copy of RCB Register, Ex.A6-Certified copy of Motor Vehicles Inquest Report, Ex.A7-Certified copy of charge sheet, Ex.A8-Office copy of legal notice, Ex.A9-Acknowledgment Due, Ex.A10-Certified copy of ration card, Ex.A11-Original last pay slip of the deceased for the month of April 2015 and Ex.A12-Identity card of deceased/Jagabathuni Kota Venkata Sivudu were marked.

8. On behalf of APSRTC, the driver of the bus-I. Naga Raju was examined as RW 1. No documents were marked.

9. The Tribunal, on consideration of the evidence on record, returned a finding that the accident had taken place due to