Andhra Pradesh State Road Trans. Corpn. by its Managing Director and Another vs Poluri Musali Naidu and Another

G. Radhakrishna Rao, J.—In a fatal accident that occurred on 11.5.1987 at about 3.30 p.m., a cyclist, Paluru Akkunaidu, aged about 12 years, died due to the rash and negligent driving of the bus belonging to AP. State Road Transport Corporation. On a consideration of the entire material on record, the Tribunal below came to the conclusion that the deceased died due to rash and negligent driving of the driver of the bus and awarded a total compensation of Rs. 37,700/-to the parents of the boy. On a perusal of the evidence, it is clear that what has been found by the Tribunal below with regard to the rash and negligent driving of the bus is correct and that finding cannot be disturbed.

With regard to the compensation, as the boy was earning, the compensation awarded by the Tribunal below at Rs. 25,200/- towards loss to estate and Rs. 2,500/- towards transport and funeral charges is not on the high side and it is, therefore, confirmed.

However, with regard to the award of compensation of Rs. 10,000/- towards loss of love and affection, Mr. D. Reddappa Reddy, the learned counsel for the Corporation, contended that the claim is not sustainable. In support of his contention he relied upon a Full Bench judgment of this court in The Andhra Pradesh State Road Transport Corporation Vs. Narasavva and Others, wherein it was held that the award of damages for pain suffered by the dependants is illegal. The Full Bench referred to a judgment of the Madhya Pradesh High Court in Nasruddin and Another Vs. Kadir Ahmed and Others, which negatived such a claim emphatically holding that there was no foundation of law for advancing and basing such a claim. The Full Bench of this court in the above case overruled the earlier decision of this court in Srisailam Devastanam Vs. Bhavani Pramilamma and Others, The Supreme Court in a recent case in N. Sivammal and Others Vs. Managing Director, Pandian Roadways Corporation and Another, , held that no compensation can be awarded for agony suffered by the dependants.

Therefore, following the reasoning given by the Full Bench, it can be said that the contention of Mr. Reddappa Reddy that no amount can be awarded for love and affection is well founded. In view of the above conclusion, the award of Rs. 10,000/- under the head love and affection'' by the Tribunal below cannot be legally sustained and it is, therefore, set aside.

The appeal is allowed in part. No costs.