IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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)

O R D E R

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.

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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.

Therefore,  the  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 dfate 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.   

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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 fo 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)

                  ...................J.                                         (ASOK KUMAR GANGULY) New Delhi, January 27, 2009.