A P S R T C R Vs. M PENTAIAH CHARY
LAWS(SC)-2007-8-104
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on August 30,2007

ANDHRA PRADESHS.R.T.C. REP. BY ITS CHIEF LAW OFFICER Appellant
VERSUS
M. PENTAIAH CHARY Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Whether in the facts and circumstances of this case multiplier of '15' ought to have been applied by the High Court in its impugned judgment falls for consideration in this appeal which arises out of a common judgment and order dated 29.08.2006 passed by the High Court of Judicature of Andhra Pradesh in Appeal against Order No. 528 of 2000 and C.M.A. No. 3350 of 1999.
(3.) Before embarking upon the said question, we may notice the basic fact of the matter which is not in dispute. Claimant was aged about 38 years on the date of accident which took place on 26.01.1995. He was a carpenter working in a company. His monthly salary was said to be Rs. 4500/-. He had 15 years of experience in woodcrafts. His parents, wife, two daughters and one son were dependant on him. On the night of 25.01.1995, he was coming back to his house. When he was riding on a two-wheeler, he met with the accident having been hit by a bus belonging to the appellant corporation. He was thrown on the road and dragged to a distance of 10 to 15 yards. He suffered serious multiple injuries, viz., fracture of left hand (humour); fracture of left eight ribs; rupture of spleen; loss of skin and rupture of left hand; injury to haemolhorex; injury to spinal cord, injury to nerve of contracting to spleen; blunt injury to left forehead; injury to thoracic lumber; blunt injury to thigh; rupture of left calf muscle, bruises all over the body; closed brain injury with blackouts. He underwent an operation. A steel rod was inserted in his fractured hand. He became permanently disabled and lost his earning capacity. He filed an application under Section 166 of the Motor Vehicles Act (for short "the Act") claiming a sum of Rs. 4,00,000/- as damages. The Tribunal awarded a sum of Rs. 85,000/- with interest at 12% p.a.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.