IMPORTANT POINT
Compensation for wrongful death must consider future prospects and appropriate deductions based on the number of dependents.

JUDGMENT :

RAVI NATH TILHARI, J.

1. Heard Sri M. Siva Prasad, learned counsel representing Sri M. Solomon Raju, learned standing counsel for APSRTC for the appellants and Sri Venkateswarlu Sanisetty, learned counsel for the respondents-claimants.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “the M.V Act”) was filed by the Andhra Pradesh State Road Transport Corporation (for short, the Corporation) and another challenging the award dated 09.01.2017, in M.V.O.P. No. 53 of 2016, passed by the Motor Vehicles Accident Claims Tribunal-cum-Principal District Judge, Ongole.

3. The 1st respondent is the husband of the deceased. The 2nd and 3rd respondents are the son and daughter respectively of the deceased. The 4th respondent is the mother of the deceased. The 4th respondent-mother also died pending the appeal and was substituted by the legal representatives respondents 6 to 8.

4. The 5th respondent is the driver of the A.P.S.R.T.C. Bus.

5. The claimants filed M.V.O.P. No. 53 of 2016 claiming compensation of Rs.50,00,000/- for the death of Annaluri Sri Lakshmi.

6. The case of the claimants is that the deceased met with the accident dated 06.12.2015 at about 6.30 a.m. at Post Office Centre, Kandukur, due to rash and negligent driving of the driver of the RTC Bus bearing No. AP 27Z 0129 of Chirala Bus Depot within the limits of Kandukur Town police station. The deceased was Post Graduate M.A. English and B.Ed and was working as Teacher. The age of the deceased was said to be 35 years.

7. The appellant Nos. 2 and 3 remained ex-parte before the Tribunal.

8. The 1st appellant filed counter denying the allegations and also the age, avocation and the income of the deceased as also rash and negligent driving of the driver of the bus. It was submitted that the accident occurred only due to rash and negligent driving of the deceased. Violation of the policy conditions that the deceased was not wearing helmet was also pleaded. The appellants were not liable to pay the compensation.

9. The Tribunal framed the following issues:

“1. Whether the death of the deceased Annaluri Sree Lakshmi occurred due to the injuries received in the accident caused by the rash and negligent driving of the APSRTC Bus b bearing No. AP 27 Z 0129 by the Respondent No. 3, if so whether there was any contributory negligence on the part of the deceased/rider of the moped bearing No. AP 27 AW 4690 as alleged by the respondent No. 1 in his written statement?

2. Whether the petition is bad for non-joinder of the owner and insurer of the Moped bearing No. AP 27 AW 4690?

3. Whether the petitioners are entitled for compensation? If so, to what amount and against whom?

4. To what relief?”

10. On behalf of the claimants, PWs. 1 to 3 were examined and Exs.A.1 to A.12 were marked. On behalf of the respondents, RW-1 was examined and no documents were marked.

11. The Tribunal recorded the finding that the accident took place only due to rash and negligent driving of the R.T.C. Bus driver. There was no contributory negligence on the part of the deceased.

12. On the point of compensation amount, the age of the deceased was held as 35 years. She was working as Primary In-charge in Sri Chaitanya School Techno Curriculum, Pamur Road, Kandukur for the last five years prior to her death. The gross salary of the deceased was taken as Rs.20,000/- per month and after deducting the professional tax, the monthly income was determined as Rs.19,800/- considering the Ex.A.8 salary certificate and original pay slip Ex.A.11 and Ex.A.12 for the months of October and November, 2015 respectively. The multiplier of 16 at the age of 31 to 35 was applied. The amount determined, after deducting 1/3rd towards personal expenses of the deceased came to Rs.24,34,400/-. To the said amount, an amount of Rs.10,000/- towards funeral expenses, Rs.20,000/- each for claimants 2 and 3 towards loss of