B. Guramma and Another vs Managing Director, APSRTC

Elipe Dharma Rao, J.—This Civil Miscellaneous Appeal was filed aggrieved by the Award Dt. 18-9-1992 in O.P. No. 21 of 1991 on the file of the Chairman (Dist. Judge), Motor Accident Claims Tribunal, Mahbubnagar, by the claimants-petitioners, for the untimely death of the deceased B. Thirupathaiah, husband of the first appellant and father of the second appellant.

The brief facts of the case are as follows:

That on 23-11-1990 at about 5-00 p.m the deceased went to vegetable market for purchasing vegetables and after such purchase, he was returning to his hotel on his cycle and at about 6-15 p.m. when he was proceeding in front of D.C.C. Bank on left side of the road, near Modern High School, a RTC bus bearing No. AAZ-8414 driven by its driver in a rash and negligent manner dashed the cyclist due to which he fell down and sustained multiple injuries and he was shifted to Govt. Hospital, Mahbubnagar where he succumbed to the injuries at 7.00 p.m. on the same day. It is stated in the petition that at the time of accident, the deceased was aged 45 years and he was running a hotel near Krishna Talkies Chowrastha and was earning Rs. 200/- per day. Therefore, the petitioners claimed Rs. 1,50,000/- for the death of the deceased.

The Tribunal examined the daughter of the deceased as P.W. 1 and P.W. 2 is an independent witness and marked Exs. A-l to A-5. Neither oral nor documentary evidence was adduced on behalf of the respondents. The Tribunal after apprisal and analysing the evidence, both oral and documentary held that the accident was occurred due to the rash and negligent driving of the RTC bus.

The Tribunal basing on the inquest report, Ex.A-3 and post mortem report, Ex. A-4, fixed the age of the .deceased as 50 years. It assessed the income of the deceased at Rs. 750/- per month and annual dependency was calculated at Rs. 900/-(sic.) per year. Based on the ruling placed before the Tribunal, by the learned Counsel for the petitioners, the Tribunal calculated the total loss of earnings at Rs. 72,000/-, after adopting a multiplier of 8 appropriate to the age of the deceased. But as per the judgment of the Supreme Court in U.P. State Road Transport Corporation and Ors. Trilok Chandra and others, 1996 ACJ 931, the proper multiplier that is applicable in this case is 12. Therefore, taking into consideration the contribution of the deceased at Rs. 750/- per month and adopting a multiplier of 12, the loss of earnings comes, to Rs. 1,08,000/-. As held by the Supreme Court in General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others, , the petitioners are entitled to, a conventional amount of Rs. 15,000/- each under the heads of pecuniary and non-pecuniary damages. Therefore, inasmuch as the widow of the deceased has lost her husband at her young age, and the second appellant has lost her father in her young age, I am inclined to grant a sum of Rs. 25,000/-towards pecuniary and non-pecuniary damages. Thus the appellants, in all, are entitled to a sum of Rs. 1,33,000/-, with interest at 12% p.a. from the date of petition till the date of realisation. The award amount now enhanced in this appeal shall be apportioned in favour of the widow of the deceased, for the reason that the second appellant, daughter, might have married by this time. With the modification of the decree, the appeal is partly allowed. But in the circumstances without costs.