CHAIRMAN ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION HYDERABAD Vs. SHAFIYA KHATOON

JUDGEMENT

(1.) The following questions arise for consideration in this appeal as to how compensation under S.110-B of the Motor Vehicles Act is to be computed, what is meant by loss to the dependency and how is the multiplier to be chosen, what is meant by the loss to he estate and how is it to be computed, can the compensation be shared by the dependents not enumerated under the Fatal Accidents Act, 1855 and finally as to how the compensation is to be apportioned?

(2.) The deceased Mohd. Mahfooz was a carpenter when he died, he was aged 22 years. The accident occurred at 9.45 p.m. on 14-11-1977 at Hanamakonda when a bus belonging to the appellant Corporation bearing the number APZ 8330 knocked down the deceased. The deceased was admitted in the Mahatma Gandhi Hospital, Warangal and he expired on 21-11-1977 in the hospital at 9.00 p.m. The deceased was a carpenter owning a carpentry shop at Hunter Road and was earning Rs.400.00 to Rs.500.00 per month. He left behind him his mother and four unmarried sisters as his heirs and dependents who filed O.P. No. 11/1978 on 5-61978 claiming Rs.72, 000.00 towards the dependency, at the rate of Rs.1500.00 p.a. for 48 years and Rs.500.00 towards damages to his clothing articles and cycle. The Corporation was impleaded as the Ist respondent and the driver as the 2nd respondents.

(3.) The Tribunal held that the accident occurred on account of the negligence of the appellants driver. It accepted that the deceased was aged 22 years at his death, that he was earning Rs.400.00 to Rs.500.00 P.M. as a carpenter and would have given for the family at least Rs.1500.00 per annum for a period of 48 years i.e., Rs.72, 000.00 inasmuch as he would have lived up to 70 years. An award was passed for the other damages of Rs.500.00 towards loss of clothing articles and cycle, in all making up a total of Rs.72, 500.00. Interest was granted at 6% p.a from the date of petition i.e., 5-6-1978.