THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR

M.A.C.M.A.No.459 of 2024

JUDGMENT:

Heard Ms.Srinidhi, learned counsel for Sri N.Chandra Sekhar,

learned counsel for the appellant and Sri Ch.Srinivas, learned counsel for

respondent Nos.1 to 3.

2. The present MACMA is filed by the Telangana State Road Transport Corporation (TSRTC) assailing the award and decree dated 06.12.2022 passed in M.V.O.P.No.839 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Jangaon allowing the claim by granting compensation of Rs.23,38,000/-

along with proportionate costs and interest @ 6% p.a.

3. The facts leading to the filing of M.V.O.P.No.839 of 2017 by the claimants are that the claimants are the parents and brother of deceased Donthula Nikhitha. The deceased was studying her 1^st year B.Pharmacy in Jangaon Institute of Pharmaceutical Sciences College at Yeshwanthpur village of Jangaon Mandal and District. On 28.02.2015 at about 3.50 p.m. while returning home, the deceased boarded TSRTC Bus bearing No.AP- 10Z-9702 and when the bus reached near S.C. colony of Yeshwanthpur village, the driver of the said bus by name B.Ramesh drove the bus in rash and negligent manner at high speed and applied sudden brake, due to

which the deceased fell down on the road from the bus and sustained multiple injuries all over her body and died on the same day at about 5.20 p.m. while undergoing treatment.

4. The claimants approached the learned Tribunal claiming compensation of Rs.25,12,000/- under the provisions of Section 166(1)(b) of the Motor Vehicles Act, 1988 r/w Rule 455 of the A.P. Motor Vehicle Rules contending that the deceased was intelligent in studies in all her career and she has secured more than 85% in SSC and Board of Intermediate Education. She was very much interested in Pharmaceutical lines and as such, she preferred the said course. If the deceased completed the course, she would have got many opportunities in Multinational Companies on a monthly salary of Rs.50,000/-. However, on account of sudden death of the deceased, the claimants were put to mental agony, loss of love and affection and her future earnings. Therefore, they prayed for compensation of Rs.25,12,000/- along with interest @ 18% p.a..

5. On the other hand, the appellant herein filed counter denying the averments made in the claim petition stating that the deceased herself jumped from the bus without giving intimation to the driver of the bus and that the compensation claimed by the claimants is exorbitant.

6. Basing on the above pleadings, the learned Tribunal framed the following issues:

“1. Whether the accident occurred on 28/02/2015 at about 3.50 p.m. at Yeshwanthapur village due to rash and negligent driving of the driver of TSRTC Bus bearing No.AP-10Z-1908 and daughter of the petitioner Nos.1 and 2 succumbed with the injury?

2) Whether the petitioners are entitled for compensation, if so, what amount and from whom?

3) Whether the petitioners paid proper Court fee?

4) To what relief?”

7. During the course of enquiry, on behalf of the claimants, P.Ws.1 and 2 were examined and Exs.A-1 to A-10 were marked. Whereas on behalf of the appellant, neither any witnesseswere examined nor any documents were marked.

8. The learned Tribunal, while considering the issues, held that the accident was occurred on account of rash and negligent driving of the driver of the TSRTC bus. Further, the learned Tribunal, upon appreciation of evidence, held that the deceased was intelligent in studies all through her career and secured more than 85% in SSC and Board of Intermediate Education and was very interested in Pharmaceutical lines and if completed the course, she would have got many opportunities in multinational companies and be paid Rs.50,000/- p.m. Therefore, taking into consideration of the principle laid down in the matter of Sarla Verma Vs. Delhi Transport Corporation, 2009 ACJ 1298and National Insurance Co. Ltd. Vs PranaySethi, 2(2017) 16 SCC 680, the learned Trib