Vice Chairman-Managing Director vs Himachal Road on 13 March, 2026

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    Andhra Pradesh High Court – Amravati

    Vice Chairman-Managing Director vs Himachal Road on 13 March, 2026

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                                               Date of reserved for Judgment :18.12.2025
                                                Date of Pronouncement         :13.03.2026
                                               Date of uploading             :14.03.2026
    
    
     APHC010681122012
                          IN THE HIGH COURT OF ANDHRA PRADESH
                                        AT AMARAVATI                             [3520]
                                 (Special Original Jurisdiction)
    
    
                        FRIDAY,THE THIRTEENTH DAY OF MARCH
                           TWO THOUSAND AND TWENTY SIX
    
                                     PRESENT
    
          THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
    
        MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3084/2012
    
    Between:
    
       1. VICE CHAIRMAN-MANAGING DIRECTOR, A.P., & ANOTHER, ROAD
          TRANSPORT CORPORATION, MUSHEERABAD,ONGOLE.
    
       2. REGIONAL   MANAGER,  ANDHRA     PRADESH                  STATE        ROAD
          TRANSPORT, CORPORATION, ONGOLE.
    
                                                                 ...APPELLANT(S)
    
                                       AND
    
       1. MAMIDI PADMAVATHI 3 OTHERS, W/O. SATYANARAYAN, R/O. 2-59-9,
          NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST.
          PRAKASHAM.
    
       2. MAMIDI MANIKANTA, W/O. SATYANARAYAN, R/O. 2-59-9, NEAR
          VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST.
          PRAKASHAM. MINORS REP. BY IST RESPONDENT.
    
       3. MAMIDI MANISHA, D/O. SATYANARAYAN, R/O. 2-59-9, NEAR VIJAYA
          LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST. PRAKASHAM.
          MINORS REP. BY IST RESPONDENT.
                                               2
    
    
    
    
       4. MAMIDI VENKATA LAKSHMAMMA, W/O. VENKAT SUBBAIAH, R/O. 2-
          59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, (VILL & M), PAMUR, DIST.
          PRAKASHAM.
    
                                                                 ...RESPONDENT(S):
    
         Appeal filed under Order 41 of CPC praying thet the Highcourt may be
    pleased toto set aside the order & Decree passed in MVOP No. 491 of 2009 dt.
    19-6-2012 on the file of Motor Accidents Claims Tribunal-I Addl. Dist. Judge,
    Ongole and pass
    
    IA NO: 1 OF 2012(MACMAMP 6657 OF 2012
    
         Petition under Section 151 CPC praying that in the circumstances stated in
    the affidavit filed in support of the petition, the High Court may be pleased to stay
    the orders & Decree,dt. 19-6-2012 passed in MVOP No. 491 of 2009 by Motor
    Accidents Claims Tribunal-I Addl. Dist. Judge, Ongole, Pending disposal of Court
    and pass
    
    IA NO: 2 OF 2012(MACMAMP 8245 OF 2012
    
         Petition under Section 151 CPC praying that in the circumstances stated in
    the affidavit filed in support of the petition, the High Court may be pleased to
    vacate the interim stay granted in MACMA.MP.No. 6657 of 2012 in MACMA.No.
    3084 of 2012 dt. 17/10/2012 by permitting the petitioners to withdraw the amount
    deposited to the credit of MVOP.No. 491 of 2009 on the file of hte Chairman
    MACT-cum-1st Additional District Judge., Ongole pending the above MACMA
    
    IA NO: 1 OF 2013(MACMAMP 35324 OF 2013
    
         Petition under Section 151 CPC praying that in the circumstances stated in
    the affidavit filed in support of the petition, the High Court may be pleased
    
    Counsel for the Appellant(S):
    
       1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)
    
    Counsel for the Respondent(S):
    
       1. MADHAVA RAO NALLURI
                                            3
    
    
    
    
    MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 943/2014
    
    Between:
    
       1. MAMIDI PADMAVATHI & 3 ORS, W/O.SATYANARAYAN R/O.2-59-9,
          NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM
          DISTRICT.
    
       2. MAMIDI MANIKANTA, S/O.SATYANARAYAN R/O.2-59-9, NEAR VIJAYA
          LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
    
       3. MAMIDI MANISHA, D/O.SATYANARAYAN R/O.2-59-9, NEAR VIJAYA
          LAKSHMI CHITRALAYA, PAMUR [V] & [M), PRAKASHAM DISTRICT.
          [BOTH ARE MINORS REP BY ITS GUARDIAN M.PADMAVATHI P1]
    
       4. MAMIDI VENKATA LAKSHMAMMA, W/O.VENKATA SUBBAIAH R/O.2-
          59-9, NEAR VIJAYA LAKSHMI CHITRALAYA, PAMUR [V] & [M),
          PRAKASHAM DISTRICT.
    
                                                                ...APPELLANT(S)
    
                                         AND
    
       1. THE AP STATE ROAD TRANSPORT CORPORATION ANR, AP STATE
          ROAD TRANSPORT CORPORATION O/O.MUSHEERABAD,ONGOLE.
    
       2. THE REGIONAL MANAGER, AP STATE ROAD TRANSPORT
          CORPORATION    O/O.RTC BUS STAND COMPLEX, ONGOLE.
          PRAKASAM DISTRICT.
    
                                                             ...RESPONDENT(S):
    
         Appeal filed under Order 41 of CPC praying thet the Highcourt may be
    pleased to
    
    IA NO: 1 OF 2012(MACMAMP 8382 OF 2012
    
         Petition under Section 151 CPC praying that in the circumstances stated in
    the affidavit filed in support of the petition, the High Court may be pleased
    condone the delay of 75 days in filing the appeal against decree and judgement
                                         4
    
    
    
    
    passed in MVOP No.491/2009 dated 19.06.2012 on the file of Motor Accidents
    Claims tribunal [Before the Ist Addl.District Judge], Ongole
    
    Counsel for the Appellant(S):
    
      1. MADHAVA RAO NALLURI
    
    Counsel for the Respondent(S):
    
      1. K. SARALA REDDY(SC FOR APSRTC PNV)
    
      2. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)
    
    The Court made the following:
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         THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
                  M.A.C.M.A.Nos.3084 of 2012 and 943 of 2014
    COMMON JUDGMENT:

    Introductory:

    1. Both M.A.C.M.A.Nos.3084 of 2012 and 943 of 2014 are directed against

    the award and decree dated 19.06.2012 passed in M.V.O.P.No.491 of 2009 by

    the Chairman, Motor Accidents Claims Tribunal-cum-FAC/I Additional District

    Judge, Ongole (for short “the learned MACT”).

    2. The respondents before the learned MACT, representing the A.P.S.R.T.C.

    filed M.A.C.M.A.No.3084 of 2012 challenging the award, whereas the claimants

    before the learned MACT filed M.A.C.M.A.No.943 of 2014 seeking enhancement

    of compensation.

    3. For the sake of convenience, the parties are hereinafter referred to as the

    claimants and the respondents with reference to their status before the learned

    MACT.

    Case of the claimants:

    SPONSORED

    4(i). One Mamidi Satyanarayana (hereinafter referred to as “the deceased”) is

    the husband of claimant No.1, father of claimant Nos.2 and 3 and son of claimant

    No.4. On 12.07.2009, the deceased and his family members went to Tirumala.

    After darshan, on 13.07.2009 evening, while they were on their return from
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    Tirupathi and reached Nellore-Atmakur Bus Stand, Nellore and waiting for a bus

    to go to their village.

    (ii). A bus bearing No.AP 10 Z 9078 (hereinafter referred to as “the offending

    vehicle”), which was going to Pamur, came there and stopped. With a view to

    reserve a seat, the deceased was trying to put a kerchief on the seat through the

    window. At that time, the driver of the offending vehicle, without observing the

    people, started the bus. As a result of the same, the deceased fell down and the

    rear tyre of the bus ran over his head. The deceased sustained grievous injuries

    and subsequently succumbed to the injuries.

    (iii). A case in Crime No.40 of 2009 of Nellore Traffic Police Station was

    registered against the driver of the offending vehicle. Subsequently, the driver of

    the offending vehicle was charge-sheeted vide C.C.No.499 of 2009 on the file of

    Judicial First Class Magistrate Court, Nellore.

    (iv). The deceased was hale and healthy, aged 47 years and was earning his

    livelihood through his business in wholesale provisions. He was maintaining a

    shop at Pamur and was earning more than Rs.50,000/- net income per annum

    and contributing the same for the maintenance of the family. Due to the death of

    the deceased, the claimants lost all support of the deceased. Hence, they are

    entitled for just and reasonable compensation.

    5. Respondent No.2 before the learned MACT remained ex parte.
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    Case of respondents:

    6(i). The petitioners shall prove the pleaded accident, negligence of the driver

    of the RTC bus / offending vehicle, death of the deceased due to the accident,

    age, occupation, income of the deceased and the dependency of the claimants.

    (ii). Further, the respondents / A.P.S.R.T.C contended that the negligence of

    the deceased is the cause for the accident. Therefore, the claimants are not

    entitled for compensation.

    7. On the strength of pleadings, the following issues were settled for trial by

    the learned MACT:

    (i). Whether the accident occurred due to rash and negligent driving of the

    driver of bus bearing No.AP 10 Z 9078, on 13.07.2009 at Atmakur Bus

    Stand in Nellore town at about 07:45 P.M.?

    (ii). Whether the petitioners are entitled for compensation? If so to what

    amount and from whom?

    (iii). Whether the age and income of the deceased are correct?

            (iv).    To what relief?
    
    Evidence before the learned MACT:
    
    8(i).    The claimant No.1 / the wife of the deceased, was examined as P.W.1
    
    

    and one Gonta Krishna Murthy, another witness, was examined as P.W.2.

    (ii). On behalf of the claimants, Exs.A1 to A13 were marked.
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    (iii). On behalf of the respondents, one Shaik Shukkur, the driver of the

    offending vehicle was examined as R.W.1.

    Findings of the learned MACT:

    9(i). After considering the oral and documentary evidence placed on record, the

    learned MACT came to the conclusion that the petition is filed under Section

    163-A and that involvement of the vehicle is enough. In addition, a case in Crime

    No.40 of 2009 was registered at Nellore Traffic Police Station and a charge sheet

    was also filed against the driver of the offending vehicle vide C.C.No.429 of

    2009.

    (ii). Therefore, the version of the claimants was to be believed and

    consequently the learned MACT held the respondents, who are the owners and

    in whose control the offending vehicle was at the time of accident, are jointly and

    severally liable to pay the compensation.

    (iii). The learned MACT, while assessing the compensation, assessed the

    monthly income of the deceased at Rs.3,500/- and by adopting the multiplier „13‟,

    awarded Rs.3,64,000/- towards the loss of dependency and Rs.4,000/- towards

    funeral expenses and Rs.10,000/- towards loss of estate. Under the head of loss

    of consortium, claimant No.1/ wife of the deceased was awarded Rs.7,000/-. In

    total, the compensation awarded to the claimants is at Rs.3,85,000/-.
    9

    Arguments in the appeal:

    For the claimants:

    10(i). The learned MACT failed to properly appreciate the evidence regarding the

    earning capacity of the deceased and erroneously fixed the income of the

    deceased at only Rs.3,500/- per month.

    (ii). The learned MACT failed to award reasonable compensation under

    various heads and therefore the compensation awarded requires enhancement.

    For the respondents(A.P.S.R.T.C.):

    11(i). The learned MACT failed to properly appreciate the evidence on record.

    (ii). The learned MACT ought to have considered the contributory negligence

    on the part of the deceased and the evidence of R.W.1-the driver of the offending

    vehicle was not properly appreciated.

    (iii). The learned MACT wrongly fixed the monthly income of the deceased at

    Rs.3,500/- per month without proper evidence and also applied multiplier „13‟

    instead of „11‟, as the deceased was aged above 50 years.

    (iv). The compensation awarded under various heads is excessive and the

    rate of interest granted is also on the higher side.

    12. Heard both sides extensively. Perused the record. Thoughtful

    consideration is given to the arguments advanced by both sides.
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    13. The points that arise for consideration in these appeals are:

    1) Whether the findings of the learned MACT on the point of negligence

    of the driver of the offending vehicle and not taking note of contributory

    negligence of the deceased are proper and whether the compensation

    awarded at Rs.3,85,000/- under the impugned award is just and

    reasonable or requires any interference, if so on what ground and to what

    extent?

    2) What is the result of appeal in M.A.C.M.A.No.3084 of 2012?

    3) What is the result of appeal in M.A.C.M.A.No.943 of 2014?

    Point No.1:

    (i) Accident and negligence:

    Statutory Guidance:

    14(i). As per Section 176 of the Motor Vehicles Act, the State Governments are

    entitled to make rules for the purpose of carrying effect to the provisions of the

    Motor Vehicles Act.

    (ii). In relation to claims before the learned MACT, Rule 455 to Rule 476 of the

    A.P. Motor Vehicles Rules, 1989, vide Chapter No.11, provides comprehensive

    guidance. As per Rule 476 of the A.P. Motor Vehicles Rules, 1989, the Claims

    Tribunal shall proceed to award the claim based on the registration certificate of

    the vehicle, insurance policy, copy of FIR and Post-mortem certificate etc.
    11

    Precedential Guidance:

    15. The Hon‟ble Apex Court in Bimla Devi and others vs. Himachal Road

    Transport Corporation1, in para 15 observed as follows:

    “15. In a situation of this nature, the Tribunal has rightly taken a holistic
    view of the matter. It was necessary to be borne in mind that strict proof of an
    accident caused by a particular bus in a particular manner may not be
    possible to be done by the claimants. The claimants were merely to establish
    their case on the touchstone of preponderance of probability. The standard
    of proof beyond reasonable doubt could not have been applied. For the said
    purpose, the High Court should have taken into consideration the respective
    stories set forth by both the parties.”

    Legal context of the matter:

    16. Although the application is filed under section 163-A, the respondents/

    APSRTC has disputed the negligence on the part of the driver of the offending

    vehicle and even adduced the evidence by examining the driver as R.W.1.

    17. From the pleadings of the respondents and also the issues framed by the

    learned MACT, particularly referring to the Section under which the application is

    filed under Section 166 of the Motor Vehicles Act, it can be understood that there

    was participation by both sides with an impression that negligence is a disputed

    fact.

    1

    2009 (13) SCC 530
    12

    18. It is also evident from the judgment that the learned MACT addressed the

    pleadings and evidence placed by the parties and discussed the aspect of

    negligence and answered the same.

    Negligence-Contributory Negligence-Composite Negligence:

    19(i). If there is absence of duty of care and the rashness or negligence on the

    part of tortfeasor and the victim has no role of mishap, it is a clear case of

    negligence on the part of the tortfeasor. Then the tortfeasor and his master are

    completely liable.

    (ii). If the victim has some role in the process in the occurrence of the accident/

    incident and there is failure to take proper care and the tortfeasor, then it is a

    case of contributory negligence and the liability can be apportioned among the

    tortfeasor and victim.

    (iii). If there is more than one tortfeasor and the victim has no role in the

    occurrence of the accident and there is neither a duty of care nor a failure on the

    part of the victim, then it is a case of composite negligence and all the tortfeasors

    are liable to make good the loss or compensate the victim jointly and severally

    liable.

    20. In examining whether a case is falling under category of negligence,

    contributory negligence or composite negligence, one has to keep in view the

    following aspects:

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    (i) On whom duty of care lies.

    (ii) Breach of duty

    (iii) Whether there was any duty to take care on the part of the victim and

    breach, if any thereof.

    (iv) Evidence indicating who had the better and last opportunity to

    prevent the mishap.

    21. The Hon‟ble Supreme Court in a case between Pavan Kumar and

    Another vs. Harkishan Dass Mohan Lal and others2, after referring to

    T.O.Anthony vs. Karvarnan and others3 and Andhra Pradesh State Road

    Transport Corporation and Another vs. K. Hemlatha and others4 addressed

    as to distinction between the principles of composite and contributory negligence

    vide para Nos.7, 8 and 9 as follows:

    7. The distinction between the principles of composite and contributory
    negligence has been dealt with in Winfield & Jolowicz on Tort (Chapter 21)
    (15th Edn. 1998). It would be appropriate to notice the following passage from
    the said work:

    “Where two or more people by their independent breaches of duty to
    the plaintiff cause him to suffer distinct injuries, no special rules are
    required, for each tortfeasor is liable for the damage which he caused
    and only for that damage. Where, however, two or more breaches of
    duty by different persons cause the plaintiff to suffer a single injury the
    position is more complicated. The law in such a case is that the plaintiff

    2
    (2014) 3 SCC 590
    3
    (2008) 3 SCC 748
    4
    (2008) 6 SCC 767
    14

    is entitled to sue all or any of them for the full amount of his loss, and
    each is said to be jointly and severally liable for it. This means that
    special rules are necessary to deal with the possibilities of successive
    actions in respect of that loss and of claims for contribution or indemnity
    by one tortfeasor against the others. It is greatly to the plaintiff’s
    advantage to show that he has suffered the same, indivisible harm at
    the hands of a number of defendants for he thereby avoids the risk,
    inherent in cases where there are different injuries, of finding that one
    defendant is insolvent (or uninsured) and being unable to execute
    judgment against him. The same picture is not, of course, so attractive
    from the point of view of the solvent defendant, who may end up
    carrying full responsibility for a loss in the causing of which he played
    only a partial, even secondary role.

    ***
    The question of whether there is one injury can be a difficult one. The
    simplest case is that of two virtually simultaneous acts of negligence, as
    where two drivers behave negligently and collide, injuring a passenger
    in one of the cars or a pedestrian, but there is no requirement that the
    acts be simultaneous….”

    8. Where the plaintiff/claimant himself is found to be a party to the negligence
    the question of joint and several liability cannot arise and the plaintiff’s claim to
    the extent of his own negligence, as may be quantified, will have to be severed.
    In such a situation the plaintiff can only be held entitled to such part of
    damages/compensation that is not attributable to his own negligence. The
    above principle has been explained in T.O. Anthony [T.O.
    Anthony v. Karvarnan
    , (2008) 3 SCC 748 : (2008) 1 SCC (Civ) 832 : (2008) 2
    SCC (Cri) 738] followed in K. Hemlatha [A.P. SRTC v. K. Hemlatha, (2008) 6
    SCC 767 : (2008) 3 SCC (Cri) 34].

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    9. Paras 6 and 7 of T.O. Anthony [T.O. Anthony v. Karvarnan, (2008) 3 SCC
    748 : (2008) 1 SCC (Civ) 832 : (2008) 2 SCC (Cri) 738] which are relevant may
    be extracted herein below : (SCC p. 751)

    “6. „Composite negligence‟ refers to the negligence on the part of two or
    more persons. Where a person is injured as a result of negligence on the
    part of two or more wrongdoers, it is said that the person was injured on
    account of the composite negligence of those wrongdoers. In such a
    case, each wrongdoer is jointly and severally liable to the injured for
    payment of the entire damages and the injured person has the choice of
    proceeding against all or any of them. In such a case, the injured need
    not establish the extent of responsibility of each wrongdoer separately,
    nor is it necessary for the court to determine the extent of liability of each
    wrongdoer separately. On the other hand where a person suffers injury,
    partly due to the negligence on the part of another person or persons, and
    partly as a result of his own negligence, then the negligence on the part of
    the injured which contributed to the accident is referred to as his
    contributory negligence. Where the injured is guilty of some negligence,
    his claim for damages is not defeated merely by reason of the negligence
    on his part but the damages recoverable by him in respect of the injuries
    stand reduced in proportion to his contributory negligence.

    7. Therefore, when two vehicles are involved in an accident, and one of
    the drivers claims compensation from the other driver alleging negligence,
    and the other driver denies negligence or claims that the injured claimant
    himself was negligent, then it becomes necessary to consider whether the
    injured claimant was negligent and if so, whether he was solely or partly
    responsible for the accident and the extent of his responsibility, that is, his
    contributory negligence. Therefore where the injured is himself partly
    liable, the principle of „composite negligence‟ will not apply nor can there
    be an automatic inference that the negligence was 50 : 50 as has been
    assumed in this case. The Tribunal ought to have examined the extent of
    16

    contributory negligence of the appellant and thereby avoided confusion
    between composite negligence and contributory negligence. The High
    Court has failed to correct the said error.”

    Social context-duty of care on the part of the bus operators:

    22(i). The driver will normally move the bus for travel after passengers board the

    bus. The necessity to reserve a seat through the window arises before the

    passengers board the bus and immediately after the existing passenger vacates

    the seat. It is common experience and it can be seen in many bus stations,

    particularly in towns and villages that people try to occupy seats immediately

    after entering the bus and in that process there will be rush to enter the bus, as

    the first entrant into the bus will occupy the better seat.

    (ii). It is also common experience in ordinary social scenarios that people

    reserve seats through windows by putting kerchiefs, towels or bags. Sometimes

    the bags etc. may even be subjected to theft and there will be quarrels in that

    regard. This is a social aspect of lower-middle and middle-class life, particularly

    when the scenario of the year 2009 is taken into consideration.

    23(i). Proper care from the bus stand administration and the operator of the bus,

    such as providing proper bus shelters and entry points and preventing access to

    the bus until it finally stops, are also necessary. The duty of care on the part of

    the operator of the bus engaged in trade extends to taking all proper care.
    17

    (ii). Self-discipline and restraint on the part of the passengers are also

    necessary. From the angle of the passengers or public, it is a matter of care and

    precaution, but, when it comes for the operator it becomes a legal duty and

    obligation. Culpability for the crime and the forcibility of incident are different.

    The criminal liability in this type of case, where the victim falls under the rear tyre,

    may have some scope for arguments of benefit of doubt. But in cases of torts

    and the tortious liability of a tortfeasor and his employer / master, probability

    theory is sufficient.

    24. This is not a case of hypothesis. It is a simple case of foreseeability and

    the ability to visualize certain things which a person engaged in trade can easily

    imagine. Therefore, in the context of the case, substantial duty lies on the part of

    the institution rather than the victim.

    Analysis of Evidence:

    25(i). Coming to the evidence, P.W.1 is an eye witness to the accident. She has

    stated that her husband was trying to reserve the seats and that the driver of the

    bus moved it without observing the people.

    (ii). During cross examination, she has stated that they were waiting at

    Atmakur Bus Stand for catching the bus and that there was heavy rush. It was

    specifically suggested to P.W.1 that her husband tried to put a bag through the

    window of the bus and slipped and fell down. It is also suggested to her that her

    husband tried to put the kerchief from the side of the driver and that the
    18

    deceased, negligently catching hold of the rod of the window, tried to put a bag

    on the seat and fell down and that there was no negligence on the part of the

    driver of the bus.

    26. R.W.1, the driver of the offending vehicle, stated that while he was

    proceeding into the PSR Bus Stand through the inside gate, before placing the

    bus at the point, he heard cries from bystanders asking him to stop the bus. Then

    he stopped the bus, got down and noticed that the deceased had fallen under the

    right side rear wheels of the bus. He was informed that the deceased, in a hurry,

    tried to reserve a seat by placing his luggage into the moving bus though the

    window by holding the grill of the window with one hand and that he lost control

    of his grip over the grill and fell down under the rear wheel of the offending

    vehicle and died on the spot.

    27. During cross-examination, he has stated that the accident occurred in the

    bus stand. He did not give any report to the police. He has surrendered and

    obtained bail. From the evidence of P.W.1 and R.W.1 who are proper persons to

    speak on the incident, it is clear that the deceased tried to keep luggage or a

    kerchief to reserve the seat from the right side of the bus. The driver‟s seat will

    be on the right side and a mirror also will be there immediately on the right side

    of the driver through which the driver can see.

    28. The bus stand and the point where the bus stops is a place accessible to

    passengers. The deceased could have avoided the accident if had not attempted
    19

    to reserve the seat through window. Equally, the driver, since the attempt of the

    deceased was from the right side where the driving seat and mirror will be there

    to see what is happening, could have prevented the mishap by being more

    careful.

    29. The last opportunity to prevent the accident is more on the driver, although

    contribution of negligence on the part of the deceased cannot be ruled out.

    However, taking this kind of incident as a lesson, the persons in administration of

    the bus depots shall take proper care by posting trained people as volunteers to

    guide the passengers to board into bus and also to prevent free movement of

    passengers in places meant for parking of vehicles. Negligence on the part of

    the management is also a cause for the incident.

    30. As observed above, the lapse, if any, on the part of the deceased is only

    with regard to taking precaution. But there is failure of duty on the part of the

    respondents. The respondent had every duty to take all the precautions and the

    driver also had a reasonable duty to prevent the mishap. When the comparative

    breach is examined between the deceased and the respondents, the lapse, if any

    on the part of the deceased is found to be trivial and negligible, whereas the

    breach on the part of the respondents is found to be substantial, amounting to

    breach of the duty constituting negligence, since they are engaged in trade and

    commerce. In view of the above reasoning, the findings of the learned MACT

    with regard to negligence of the driver of the offending vehicle are accepted.
    20

    (ii)Quantum of compensation:

    Precedential guidance:

    31(i). For having uniformity of practice and consistency in awarding just

    compensation, the Hon‟ble Apex Court provided guidelines as to adoption of

    multiplier depending on the age of the deceased in Sarla Verma (Smt.) and Ors.

    vs. Delhi Transport Corporation and Anr.5 and also the method of calculation

    as to ascertaining multiplicand, applying multiplier and calculating the

    compensation vide paragraph Nos.18 and 19 of the Judgment.

    (ii). Further, the Hon‟ble Apex Court in National Insurance Company Ltd. vs.

    Pranay Sethi and Others6 case directed for adding future prospects at 50% in

    respect of permanent employment where the deceased is below 40 years, 30%

    where deceased is between 40-50 years and 15% where the deceased is

    between 50-60 years. Further, in respect of self-employed etc., recommended

    addition of income at 40% for the deceased below 40 years, at 25% where the

    deceased is between 40-50 years and at 10% where the deceased is between

    50-60 years. Further, awarding compensation under conventional heads like

    loss of estate, loss of consortium and funeral expenditure at Rs.15,000/-,

    Rs.40,000/- and Rs.15,000/- respectively is also provided in the same Judgment.

    5

    2009 (6) SCC 121
    6
    2017(16) SCC 680
    21

    (iii). Further in Magma General Insurance Company Ltd. vs. Nanu Ram and

    Others7, the Hon‟ble Apex Court observed that the compensation under the head

    of loss of consortium can be awarded not only to the spouse but also to the

    children and parents of the deceased under the heads of parental consortium

    and filial consortium.

    Just Compensation:

    32. In Rajesh and others vs. Rajbir Singh and others8, the Hon‟ble Supreme

    Court in para Nos.10 and 11 made relevant observations, they are as follows:

    10. Whether the Tribunal is competent to award compensation in
    excess of what is claimed in the application under Section 166 of the
    Motor Vehicles Act, 1988, is another issue arising for consideration in
    this case. At para 10 of Nagappa case [Nagappa v. Gurudayal Singh,
    (2003) 2 SCC 274 : 2003 SCC (Cri) 523 : AIR 2003 SC 674] , it was
    held as follows: (SCC p. 280)
    “10. Thereafter, Section 168 empowers the Claims Tribunal to „make
    an award determining the amount of compensation which appears to it
    to be just‟. Therefore, the only requirement for determining the
    compensation is that it must be „just‟. There is no other limitation or
    restriction on its power for awarding just compensation.”

    The principle was followed in the later decisions in Oriental Insurance
    Co. Ltd. v. Mohd. Nasir
    [(2009) 6 SCC 280 : (2009) 2 SCC (Civ) 877 :

    (2009) 2 SCC (Cri) 987] and in Ningamma v. United India Insurance Co.

    Ltd. [(2009) 13 SCC 710 : (2009) 5 SCC (Civ) 241 : (2010) 1 SCC (Cri)
    1213]

    7
    (2018) 18 SCC 130
    8
    (2013) 9 SCC 54
    22

    11. Underlying principle discussed in the above decisions is with regard
    to the duty of the court to fix a just compensation and it has now
    become settled law that the court should not succumb to niceties or
    technicalities, in such matters. Attempt of the court should be to equate,
    as far as possible, the misery on account of the accident with the
    compensation so that the injured/the dependants should not face the
    vagaries of life on account of the discontinuance of the income earned
    by the victim.

    Analysis of evidence and findings:

    33. Claimant No.1, examined as P.W.1, deposed that the deceased, having a

    turnover of more than Rs.5,00,000/- per annum, was getting around Rs.50,000/-

    net income per annum and was submitting returns / turnover to the Sales Tax

    Department. The age of the deceased as per Ex.A2-Inqeust Report and Ex.A3-

    Post-mortem Report is shown as „47‟ years. As per the evidence on record,

    deceased is self-employed viz. doing business by maintaining a wholesale

    provisions shop.

    34. Upon considering the socio-economic circumstances of the year 2009 and

    the evidence on record, the income of the deceased can be safely accepted at

    Rs.5,000/- per month and considering the age of the deceased, 25% addition

    towards future prospects can be added, which is permissible. Then the income

    comes to Rs.6,250/- per month and the same come to Rs.75,000/- per annum.

    1/3rd of the income of the deceased can be deducted towards personal

    expenditure. Then the contribution of the deceased to the family comes to
    23

    Rs.50,000/- per annum, which can be considered as the multiplicand. For the

    age group of „47‟ years, the applicable multiplier is „13‟. When the same is

    applied, the entitlement of the claimants comes to Rs.6,50,000/- (Rs.50,000/- x

    13).

    35. Further, the claimants are entitled for compensation under the

    conventional heads i.e. Rs.40,000/- to each claimant towards loss of consortium,

    Rs.15,000/- towards funeral expenditure and Rs.15,000/- towards loss of estate.

    36. In view of the reasons and evidence referred above, the entitlement of the

    claimants for reasonable compensation in comparison to the compensation

    awarded by the learned MACT is found as follows:

                              Head               Compensation awarded Fixed by this
                                                 by the learned MACT  Court
      (i)    Loss of dependency                                Rs.3,64,000/-         Rs.6,50,000/-
     (ii)    Loss of estate                                         Rs.10,000/-       Rs.15,000/-
     (iii)   Loss of Consortium                                      Rs.7,000/-      Rs.1,60,000/-
                                                               @ Claimant No.1    @ Rs.40,000/- each
                                                                                            claimant
    
     (iv)    Funeral expenses                                        Rs.4,000/-       Rs.15,000/-
      (v)    Medical expenditure                            -Nil-
             Total compensation awarded                      Rs.3,85,000/-          Rs.8,40,000/-
             Interest (per annum)                                      9%                   7.5%
    
    
    

    Granting of more compensation than what claimed, if the claimants are

    otherwise entitled:-

    37. The legal position with regard to awarding more compensation than what

    claimed has been considered and settled by the Hon‟ble Supreme Court holding
    24

    that there is no bar for awarding more compensation than what is claimed. For

    the said proposition of law, this Court finds it proper to refer the following

    observations of the Hon‟ble Supreme Court made in:

    (1) Nagappa vs. Gurudayal Singh and Others9, at para 21 of the judgment,

    that –

    “..there is no restriction that the Tribunal/Court cannot award compensation
    amount exceeding the claimed amount. The function of the Tribunal/Court is
    to award “just” compensation, which is reasonable on the basis of evidence
    produced on record.”

    (2) Kajal vs. Jagadish Chand and Ors.10 at para 33 of the judgment, as

    follows:-

    “33. We are aware that the amount awarded by us is more than the amount
    claimed. However, it is well settled law that in the motor accident claim
    petitions, the Court must award the just compensation and, in case, the just
    compensation is more than the amount claimed, that must be awarded
    especially where the claimant is a minor.”

    (3) Ramla and Others vs. National Insurance Company Limited and

    Others11 at para 5 of the judgment, as follows:-

    “5. Though the claimants had claimed a total compensation of Rs 25,00,000
    in their claim petition filed before the Tribunal, we feel that the compensation
    which the claimants are entitled to is higher than the same as mentioned
    supra. There is no restriction that the Court cannot award compensation
    exceeding the claimed amount, since the function of the Tribunal or Court

    9
    (2003) 2 SCC 274
    10
    2020 (04) SCC 413
    11
    (2019) 2 SCC 192
    25

    under Section 168 of the Motor Vehicles Act, 1988 is to award “just
    compensation”. The Motor Vehicles Act is a beneficial and welfare legislation.

    A “just compensation” is one which is reasonable on the basis of evidence
    produced on record. It cannot be said to have become time-barred. Further,
    there is no need for a new cause of action to claim an enhanced amount. The
    courts are duty-bound to award just compensation.”

    38. It is not out of place to record that, since the pleadings, evidence and the

    issues framed have driven the trial Court / the learned MACT to consider the

    case under Section 166 of the Motor Vehicles Act, the cap of compensation and

    the barriers in terms of Section 163-A of the Motor Vehicles Act are not

    applicable.

    Precedential guidance with regard to quantifying compensation in a claim

    filed under Section 163-A beyond the caps contemplated under the said

    provision viz. Section 163-A:-

    39. The claim in the present case is laid invoking Section 163-A of Motor

    Vehicles Act which suggests for adoption of II schedule to the Motor Vehicles Act

    in the process of quantifying the compensation. The relevant factors to be

    considered are:

    (i). Adoption of annual income with reference to age of the deceased

    and multiplier mentioned therein. Even the compensation part is also specifically

    mentioned in II schedule in thousands. It is further mentioned that 1/3rd of the

    income shall be reduced towards personal expenses of the deceased. Towards

    general damages for funeral expenses, loss of consortium, loss of estate,
    26

    medical expenditure amounts mentioned therein shall be granted. The claim

    made under Section 163-A of the Motor Vehicles Act permits awarding and

    quantification of compensation as per the II schedule, the amount mentioned

    under each head are as follows:

    3.General Damage (in case of death):

    The following General Damages shall be payable in addition to
    compensations outlined above:

    (i) Funeral expenses — Rs. 2,000/-

    (ii) Loss of Consortium, if beneficiary is the spouse — Rs. 5,000/-

    (iii) Loss of Estate — Rs. 2,500/-

    (iv) Medical Expenses actual expenses incurred before death supported by
    bills/vouchers but not exceeding — Rs. 15,000/-

    40. This schedule was inserted pursuant to Act No.54 of 1994 w.e.f. 14.11.1994

    while amending Motor Vehicles Act, 1998. With regard to adding of future

    prospects taking note of notional income, necessity to consider more income

    than what is mentioned in the table contemplated in terms of Section 163-A and

    awarding compensation under the conventional heads etc., Hon‟ble Apex Court

    in a case between Kurvan Ansari Alias Kuran Ali and Another vs. Shyam

    Kishore Murmu and another12, discussed the legal position with reference to

    earlier directions of the Apex Court in the context of considering a claim of a

    minor boy (non earning group) and adherence to cap of Rs.15000/- per annum

    as the income of the deceased. Relevant observations are made in paragraph

    12
    (2022) 1 SCC 317
    27

    Nos.12 to 15 of the judgment as to non-binding nature of caps fixed under

    Section 163-A and necessity to take increase notional income by taking note of

    inflation and devolution of rupee and increase cost of living. The observations

    are as follows:

    12. In the judgment in Puttamma [Puttamma v. K.L. Narayana Reddy, (2013)
    15 SCC 45 : (2014) 4 SCC (Civ) 384 : (2014) 3 SCC (Cri) 574] , this Court has
    observed that the Central Government was bestowed with the duties to amend
    Schedule II in view of Section 163-A(3) of the Motor Vehicles Act, 1988, but it failed
    to do so. In view of the same, specific directions were issued to the Central
    Government to make appropriate amendments to Schedule II keeping in mind the
    present cost of living. In the said judgment, till such amendments are made,
    directions were issued for award of compensation by fixing a sum of Rs 1,00,000
    (Rupees one lakh only) towards compensation for the non-earning children up to the
    age of 5 (five) years old and a sum of Rs 1,50,000 (Rupees one lakh fifty thousand
    only) for the non-earning persons of more than 5 (five) years old.

    13. In R.K. Malik [R.K. Malik v. Kiran Pal, (2009) 14 SCC 1 : (2009) 5 SCC
    (Civ) 265 : (2010) 1 SCC (Cri) 1265] also, this Court has observed that the notional
    income fixed under Section 163-A of the Motor Vehicles Act, 1988 as Rs 15,000 per
    annum should be enhanced and increased as the same continued to exist without
    any amendment since 14-11-1994.
    In Kishan Gopal [Kishan Gopal v. Lala, (2014) 1
    SCC 244 : (2014) 1 SCC (Civ) 184 : (2014) 1 SCC (Cri) 241] where the deceased
    was a ten-year-old child, this Court has fixed his notional income at Rs 30,000 per
    annum.

    14. In this case, it is to be noted that the accident was on 6-9-2004. In spite of
    repeated directions, Schedule II is not yet amended. Therefore, fixing notional
    income at Rs 15,000 per annum for non-earning members is not just and
    reasonable.

    15. In view of the judgments in Puttamma [Puttamma v. K.L. Narayana Reddy,
    (2013) 15 SCC 45 : (2014) 4 SCC (Civ) 384 : (2014) 3 SCC (Cri) 574] , R.K.
    Malik [R.K. Malik v. Kiran Pal
    , (2009) 14 SCC 1 : (2009) 5 SCC (Civ) 265 : (2010) 1
    28

    SCC (Cri) 1265] and Kishan Gopal [Kishan Gopal v. Lala, (2014) 1 SCC 244 :

    (2014) 1 SCC (Civ) 184 : (2014) 1 SCC (Cri) 241] , we are of the view that it is a fit
    case to increase the notional income by taking into account the inflation, devaluation
    of the rupee and cost of living. In view of the same, the judgment in Rajendra
    Singh [Rajendra Singh v. National Insurance Co. Ltd.
    , (2020) 7 SCC 256 : (2020) 4
    SCC (Civ) 99 : (2020) 3 SCC (Cri) 134] relied on by the learned counsel for
    Respondent 2 insurance company would not render any assistance to the case of
    the insurance company.

    41. Further, the Hon‟ble Apex Court in Meena Devi vs. Nunu Chand mahto

    alias Nemchand Mahto & Others13, while referring to Kurvan Ansari Alias

    Kuran Ali and Another vs. Shyam Kishore Murmu and another (12 supra)

    case adopted more income than fixed in the II schedule in the Motor Vehicles Act

    in a case filed in terms of Section 163-A of M.V.Act, at para Nos.14 and 15 of the

    judgment.

    42. In view of the legal position and precedential guidance, the following points

    will emerge:

    (i) Even in claims under Section 163-A, the caps contemplated under

    section 163-A as to adopting the income at a particular scale with reference

    to the II Schedule to the Motor Vehicles Act can be deviated from if the

    circumstances justify.

    (ii) Even in respect of claimant under Section 163-A, awarding

    compensation under the heads of loss of consortium, loss of estate, funeral

    expenses etc. under the heads of general damages is permissible beyond
    13
    2023 (1) SCC 204
    29

    the caps fixed in II schedule taking aid of the scales adopted by the Hon‟ble

    Supreme Court.

    (iii) It is also relevant to note that, after the amendments to the Motor

    Vehicles Act, 2019, under Act No.32 of 2019, the provision under Section

    163-A is omitted. Consequently, the II Schedule is also omitted by Act

    No.32 of 2019. However, the applicability of the same to pending matters

    and earlier causes of action is a different aspect.

    (iv) The Motor Vehicles Act being social welfare in nature and its intention

    being beneficial and as there are earlier directions of the Hon‟ble Apex

    Court to take appropriate call by the legislature, it can be deemed that the

    limitations and caps contemplated under Section 163-A will not have any

    conspicuous significance in quantification and awarding of just

    compensation where the claimant is entitled for the same in the facts and

    circumstances of such case.

    (v) In respect of general damages referred to in the II Schedule, like funeral

    expenses, loss of estate, loss of consortium, transport expenses etc., it is

    clear that strict adherence to the caps in the Schedule will result in defeating

    the object and even the purpose of law when the amounts fixed are seen.

    43. Claimant invoking Section 163-A of the Motor Vehicles Act need not plead

    or prove negligence, but at the instance of either tortfeasor or their indemnifier,

    the Court if proceeds to examine negligence and apply the fault theory in
    30

    appropriate cases, the cap under Section 163-A need not be followed and the

    tortfeasor or their indemnifier, having invited examination of negligence which is

    contemplated under Section 166, cannot ask the claimant to be confined to the

    cap under Section 163-A. The purpose of any system of justice is to provide

    remedies to the victims and to restore the victims of a tort or crime to their

    original positions to the extent possible. Therefore, the concerns of all

    stakeholders connected to the process of redress and reparation should focus on

    providing adequate compensation. The development and culture of any society

    will be seen from how it treats its criminals and victims. The evolution of legal

    system from retribution to restoration is clear in this century. If the aim of the law

    is to restore what is lost and to undo the wrong, then providing adequate

    compensation to the victim should be considered as important as punishing or

    reforming the wrongdoer.

    44. It is not out of place to observe that the respondents have invited finding

    on negligence. Then scale applicable in terms of Section 166 of the Motor

    Vehicles Act can be adopted and even otherwise the table and the caps

    mentioned therein are found to be outdated by the Hon‟ble Apex Court in Sarla

    Verma (Smt.) and Ors. vs. Delhi Transport Corporation and Another.

    45. In view of the discussion made above, the findings of the learned MACT on

    the point of negligence are found fit to be confirmed but with regard to quantum

    of compensation require modification and the claimants are entitled for
    31

    compensation of Rs.8,40,000/- with interest at the rate of 7.5% per annum from

    the date of petition till the date of realization. Point framed is answered

    accordingly.

    Point Nos.2 and 3:

    46. In the result,

    (i) The appeal filed by the A.P.S.R.T.C. vide M.A.C.M.A.No.3084 of 2012 is

    dismissed.

    (ii) The appeal filed by the claimants vide M.A.C.M.A.No.943 of 2014 is

    allowed as follows:

    (i) Compensation awarded by the learned MACT in M.V.O.P.No.491 of

    2009 at Rs.3,85,000/- with interest at the rate of 9% per annum is

    modified and enhanced to Rs.8,40,000/- with interest at the rate of

    7.5% per annum from the date of petition till the date of realization.

    (ii) Claimants are liable to pay the Court fee for the enhanced part of the

    compensation, before the learned MACT.

    (iii) Apportionment:

    (a) Claimant No.1 / wife of the deceased is entitled to Rs.3,40,000/-

    with proportionate interests and costs.

    (b) Claimant Nos.2 and 3 / children of the deceased are entitled to

    Rs.2,00,000/- each with proportionate interest.
    32

    (c) Claimant No.4 / mother of the deceased is entitled to Rs.1,00,000/-

    with proportionate interest.

    (iv) Respondents before the learned MACT / A.P.S.R.T.C are jointly and

    severally liable to pay the compensation.

    (v) Time for payment /deposit of balance amount is two months.

    (a) If the claimants furnish the bank account number within 15 days

    from today, the respondents / A.P.S.R.T.C. shall deposit the

    amount directly into the bank account of the claimants and file the

    necessary proof before the learned MACT.

    (b) If the claimants fail to comply with clause (v)(a) above, the

    respondents / A.P.S.R.T.C. shall deposit the amount before the

    learned MACT and the claimants are entitled to withdraw the

    amount at once on deposit.

    (vi) There shall be no order as to costs, in the appeals.

    47. As a sequel, miscellaneous petitions, if any, pending in these appeals

    shall stand closed.

    ____________________________
    A. HARI HARANADHA SARMA, J
    Date:13.03.2026
    Note:L.R. copy to be marked.

    (B/o).

    Knr
    33

    HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA

    M.A.C.M.A.Nos.3084 of 2012 & 943 of 2014
    13.03.2026

    Knr



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