Managing Director, A.P.S.R.T.C.
Vs. M.Usha & Ors.  INSC 166 (27 January 2009)
JURISDICTION CIVIL APPEAL NOS. 510-511 OF 2009 (Arising out of SLP(C) Nos.
17570-17571/2007) Managing Director, A.P.S.R.T.C. ...Appellant(s) Versus M.Usha
& Ors. ...Respondent(s) ORDER Leave granted.
Heard learned counsel
for the appellant-Corporation.
There is no
appearance on behalf of the respondents in spite of service of notice.
Respondents filed an
application under Sec.166 of the Motor Vehicles Act, 1988, (in short `the Act')
for compensation of Rs.12,00,000/-. It was their case that one M.Amarender
Reddy (hereinafter referred to as `deceased') was traveling in a bus owned by
the Corporation. The driver of the bus, who was driving the vehicle in a rash
and negligent manner, suddenly applied the brakes as a result of which the deceased
was thrown out of the bus and was injured and ultimately succumbed. He was aged
about 24 years of age.
-2- The learned
Additional District Judge, Motor Accidents Claims
Tribunal, (in short
`MACT') Hyderabad, held that the deceased was also partly responsible for the
accident as he was traveling on the footboard of the vehicle.
contributory negligence was fixed at 25% and consequential deduction was made
by fixing the monthly income of the deceased at Rs.3,000/-.
Accordingly an amount
of Rs.2,58,000/- was awarded as compensation with interest at 12% p.a. from the
date of the claim.
An appeal was
preferred by the claimants before the High Court. The Corporation also filed
appeal before the High Court. By the impugned judgment, the High Court held
that there was no negligence on the part of the deceased. It enhanced the
compensation by Rs.204,000/- with interest at 6% p.a. from the date
of claim till date of
realization. It is to be noted that the MACT had worked out the loss of dependency
at Rs.1,500/- by deducting 50% of the monthly income. The High court reduced
the deduction to Rs.1,000/- p.m. It is to be noted that the appeal filed by the
Corporation was dismissed.
-3- Learned counsel
for the appellant submitted that the High court accepted that there was scope
for negligence as claimed; but came to the conclusion that there was no
negligence on the part of the deceased.
Taking into account
the relevant materials on record, we reduce the compensation to Rs.3,25,000/-
to be paid along with interest at the rate of 6% p.a. from the date of the
claim. The balance amount, after adjustment of amounts already deposited shall
be paid within a period of six weeks.
The appeals are
allowed to the above extent.
.J. (Dr. ARIJIT PASAYAT)
(ASOK KUMAR GANGULY)