IMPORTANT POINT
The court established that future prospects should be considered in compensation calculations, and the burden of proving contributory negligence rests on the party alleging it.

JUDGMENT :

RAVI NATH TILHARI, J.

1. Heard Sri K. Ratanga Pani Reddy, learned counsel for the claimants and Sri K. Viswanatham, learned standing counsel for Andhra Pradesh State Road Transport Corporation (in short ‘APSRTC’) in both the appeals.

2. The appellants in MACMA No. 2574 of 2013 are the claimants in MVOP No. 816 of 2008. They are the respondents in MACMA No. 2357 of 2013. APSRTC is the appellant in MACMA No. 2357 of 2013 and the respondent in MACMA No. 2574 of 2013.

3. The claimants filed MVOP No. 816 of 2008 in the Motor Accidents Claims Tribunal-cum-First Additional District Court, Kurnool (in short ‘the Tribunal’) under Sections 163A and 166 of the Motor Vehicles Act, 1988 (in short ‘MV Act’) claiming compensation of Rs.60,00,000/- on account of the death of R. Srinivasa Reddy (hereinafter referred to as ‘deceased’), their predecessor in a road accident, dated 08.10.2008.

4. The claim petition was filed inter alia on the averments that the deceased was born on 11.06.1969. He joined in Indian Air Force in 1990 and worked as a Technician, Senior Technician and as Senior Noncommissioned Officer (SNCO) for 15 years, and later on, he retired voluntarily from Indian Air Force and joined in Firepro Systems Limited, Hyderabad in the year 2005 as Senior Manager and worked till 2008. As he got better opportunity, he joined in RSP Design Consultants (India) Private Limited, Bangalore on 25.08.2008 as Project Engineer and was posted at Hyderabad. He was drawing salary of Rs.44,432/- per month by the date of his accident and was getting pension of Rs.5,000/- per month from Indian Air Force. From agricultural field, he was earning Rs.50,000/- per annum. On 08.10.2008 in the early morning the deceased and his family members left Hyderabad for Dhone in a Car bearing No. AP9-BJ8723. He was driving the car slowly with due care and caution. Then, at about 8 a.m. when the said car was proceeding, near Kodandapur village limits, on NH-7 road, one APSRTC Bus bearing No. AP11-Z1545 being driven by its driver at a very high speed in a rash and negligent manner, came in opposite direction on wrong side of the road and dashed the car of the deceased. The accident occurred due to sole rash and negligence driving of the driver of the APSRTC Bus only.

5. The APSRTC filed counter denying the allegations. Inter alia, it was submitted that the accident occurred due to rash and negligent driving of the driver of the Car. There was contributory negligence. The owner and the insurance company of the car were also necessary parties and in their absence, the petition was bad for non-joinder of parties. With respect to other averments, it was further pleaded that the applicants be put to strict proof. The compensation claim was said to be highly excessive and imaginary.

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

1. Whether the accident occurred on 08.10.2008 due to rash and negligent driving of APSRTC bus bearing No. AP11-Z1545 driven by its driver?

2. Whether the petitioners are entitled to compensation? If so, to what extent?

3. To what relief?

7. On behalf of the claimants, PWs 1 to 3 were examined and Exs.A1 to A21, viz., Ex.A1-Attested copy of FIR in Cr. No. 43/2008 of Kodandapur P.S. Ex.A2-Certified copy of Inquest Report, Ex.A3-Certified copy of Postmortem Certificate, Ex.A4-Certified copy of MVI Report, Ex.A5-Certified copy of charge sheet in CC.45/2008 on the file of the Judicial Magistrate of I Class, Alampur, Ex.A6-S.C.C. Marks Memorandum, Ex.A7-Provisional Certificate of Diploma in Mechanical Engineering, Ex.A8-Provisional Certificate Degree in Mechanical Engineering, Ex.A9-Letter of appointment dated 1.1.2005, Ex.A10-Letter dated 17.4.2005, Ex.A11-Letter dated 5.5.2007, Ex.A12-Letter dated 16.5.2008, Ex.A13-Salary particulars statement, Ex.A14-Bank Statement, Ex.A15-Bank Statement, Ex.A16-Appointment letter dated 25.8.2008, Ex.A17-Pay slip for the month of September, 2008, Ex.A18-Bank Statement, Ex.A19-Xerox copy of t