A.P.S.R.T.C. vs Paluri Meesalinaidu and Another

Radha Krishna Rao, J.—In a fatal accident that occurred on 11-5-1987 at about 3-30p.m. a cyclist .Paluru Akkunaidu, aged about 12 years, died due to the rash and negligent driving of the bus belonging to A.P. 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 of 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 awarded of compensation at Rs. 10,000 towards loss of love and affection, Sri D. Reddapa 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 reported in A.P.S.R.T.C. v. C.H. Narasavva 2 (1987) ACC 115 wherein it was held that the award of damages for pain suffered by dependents 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 reported in Srisailam Devasthanam v. Bhavani Pramilmma AIR 1985 AP 297. 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 dependents.

Therefore, following the reasoning given by the Full Bench, it can be said that the contention of Sri 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 legally sustained and it is, therefore, set aside.

The appeal is allowed in part. No costs.