IN THE COURT OF THE 1st ADDL.

DISTRICT JUDGE,
ONGOLE
M.V.O.P.No.384/2012
Veerepalli Koteswara Rao and others

..Petitioners

Vs
Shaik Fazulla and others

..Respondents

WRITTEN ARGUMENTS FILED ON BEHALF OF THE

PETITIONERS
The case of the petitioners is that on 18-11-2011 the
deceased got transfer orders from Syndicate Bank, Yemgal, Kolar
District, Karnataka State to Syndicate Bank, Atmakur Branch,
S.P.S.R.Nellore District, A.P., and on 26-11-2011 he relived from his
duties at Syndicate Bank, Yemgal, Kolar District, Karnataka State
and in that process the deceased was coming to Ongole along with
his household articles in an auto from Yemgal, Kolar District and in
that process while so, on 29-11-2011 while the deceased was
coming from Yemgal, Karnataka State in a TATA Ace Auto bearing
No.KA 07 9393 with his household articles and at about 3-45 a.m.,
when the auto reached south by-pass road, Ongole and when the
auto was slow down as there were speed breakers, the driver of
the lorry bearing No.AP 07 TB 6267came from behind with a high
speed, in rash and negligent manner hit the auto, in the result the
deceased who sat in the cabin received severe head injury and
also all over his body and immediately after the accident the
deceased

was

shifted

to

Sangamitra

Hospital,

Ongole

for

treatment and later shifted to Vatsalya Hospital, Ongole wherein

he was treated for his head injury and he died on 05-12-2011 while
undergoing treatment.

The accident was occurred solely due to

rash and negligent driving of the Lorry bearing No.AP 07 TB 6267

by the 1st respondent, during the course of his employment under
the 2nd respondent, who is the owner of the crime vehicle and the
same was insured with the 3 rd respondent. After the accident a
case was registered in Cr.No.385/2011 U/s.337 IPC of Ongole Tq
P.S., and investigated the case and later altered the section of law
1

from U/s.337 IPC to U/s.304-A IPC and later the Police filed Charge
Sheet in C.C.No.02/2012 before the III A.M.M Court, Ongole against
the 1st respondent.
Prior to the date of accident, the deceased had been worked
as Probationary Assistant Manager in Syndicate Bank, Yemgal,
Kolar District, Karnataka State and drawing an amount of
Rs.24,182/- as his monthly salary and if he had been alive he may
reach a good and top position in future as he got employment at
the age of 25 years.

The petitioners 1 & 2 are the parents and 3 rd

petitioner is the younger brother and they are suffering with loss
of love and affection due to immature death of the deceased and
they are suffering with starvation after the death of the deceased
and also suffering with lot of mental agony.

The petitioners lost

their bread winner and also sustained loss of future earnings of

the deceased.
The accident occurred due to rash and negligent driving of
the driver of Lorry bearing No.AP 07 TB 6267. R-1 is the driver of
the Lorry bearing No.AP 07 TB 6267, R-2 is the owner of the said
Lorry bearing No.AP 07 TB 6267 and R-3 is the insurer of Lorry
bearing No.AP 07 TB 6267 and hence all the respondents are
jointly and severally liable to pay the compensation claimed by
the petitioners.
Veerepalli Rama Devi, who is mother of the deceased, was
examined as PW-1 and she filed documents on behalf of the
petitioners, which were marked as Exhibits A1 to A17.
Exhibit-A1:-Certified copy of F.I.R. in Cr.No.384/2011 U/sec.337
I.P.C.,
of
Ongole Tq P.S., Prakasam District,
Exhibit-A2:-Certified copy of Alter Memo of F.I.R. in Cr.No.384/2011
U/sec.304-A I.P.C., of Ongole Tq P.S., Prakasam District,
Exhibit-A3:-Certified copy of Inquest Report relating to the
deceased
Veerepalli Hareesh,
Exhibit-A4:-Certified copy of P.M. Certificate relating to the
deceased
Veerepalli Hareesh,

Exhibit-A5:-Certified copy of Charge Sheet in C.C.02/12 on the file

of
III A.M.M. Court, Ongole,
Exhibit-A6:-Certified copy of M.V.I Report,
Exhibit-A7:-Certified copy of Rough Sketch,
Exhibit-A8:-Family Membership Certificate issued by Tahsildar,
Ongole,
Exhibit-A9:-Attested copy of 10th class marks list relating to
deceased,
Exhibit-A10:-Attested copy of Original Degree of B.Tech (ECE)
relating
to
the deceased,
Exhibit-A11:-Course
Completion
Certificate
issued
by
S.V.V.S.N.Engineering College, Ongole, relating to
deceased,
Exhibit-A12:-Attested copy of PAN Card bearing No.AHIPV3321N
relating
to the deceased,
Exhibit-A13:-Appointment
Syndicate
Bangalore,
Exhibit-A14:-Joining
deceased,

Letter,

Report,

dt.07-01-2010
Bank,

dt.15-02-2010

issued

relating

to

by

the

Exhibit-A15:-Memorandum of Transfer Certificate, dt.18-11-2011

relating
to the deceased issued by Syndicate Bank, Bangalore,
Exhibit-A16:-Memorandum of Relieve letter, dt.26-11-2011
relating
to
the
deceased issued by Syndicate Bank, Vemgal Branch,
Kolar
Dist, Karnataka State,
Exhibit-A17:-Income Tax Return for the Assessment Year 20112012
relating to the deceased.
Exhibit-X1 to X4 was marked by the advocate commissioner by
time
of
examination of PW-3 on behalf of the petitioners.
Kolar Siva Kumar Harish S/o.Siva Kumar, resident of Vadiyal
Village and Post, Kolar District, Karnataka State, who is the eyewitness to the above said accident, was examined as PW-2 and
the police examined him as LW-2 in the Charge Sheet.

One B.R.Mamatha, Assistant Manager of Syndicate Bank,

Yemgal Branch, Kolar District, Karnataka State was examined as
PW-3 on behalf of the petitioners, as per evidence of PW-3, the
deceased got his last pay scale for the month of November, 2011
is Rs.24,182-=65 and his net salary is Rs.19,996=65 and
Rs.600/- will be increased per year and further she states that if
the deceased alive, he will work up to 60 years of his age and he
will get promotion up to General Manager and at present
the General Manager salary is Rs.1,50,000/- per month and
as per her knowledge the deceased is an intelligent person and
after completion of probationary period, the deceased will be
get Rs.34,500/- per month towards his salary and his
probationary period will be completed on date 1-2-2012.
The respondents filed counter and the 3rd respondent
vehemently contested that at the time of accident, the 1 st
respondent not having valid D.L., to drive the crime vehicle and
also the policy was not in force, and the compensation is very
high and excessive and interest is usurious.
On these the petitioners established their case very clearly
by all their exhibits A1 to A17. The 3 rd respondent took a nominal
contest and could not disprove the case of the petitioners.

No

evidence adduced on behalf of the 3 rd respondent, except filing

Insurance Policy.
Regarding to Quantum of Compensation, the petitioners
are herewith filing the following judgments, pronounced by the
Honble High Court of A.P., and Honble Supreme Court of India.
(1).2013 ACJ 1441 (SC)
C.A.No.5513/2012 arising out of SLP (C).No.6367/2012, decided on
03-05-2013.

Vimal Kanwar and others Vs.

Kishore Dan and others

Quantum Fatal Accident Deceased aged 28, Assistant

Engineer in State P.W.D., drawing Rs.8,920/- p.m., - Claimants:
Widow, minor daughter and mother, aged 55 Tribunals award of
Rs.14,93,700/- upheld by High Court Apex Court taking into
4

consideration future prospects assessed income at Rs.18,000/p.m., dependency at Rs.12,000/- p.m., adopted multiplier of
17 and allowed Rs.24,48,000/- plus Rs.1,00,000/- for loss of
consortium and loss to estate, Rs.2,00,000/- to daughter and
Rs.1,00,000/- each to widow and mother for loss of love and
affection and Rs.25,000/- for funeral expenses Award of
Rs.14,93,700/- enhanced to Rs.29,73,000/-.
According to the above said decision, the Honble Supreme Court
taking the earnings of the deceased as doubled i.e., Rs.9,000/- X
2=Rs.18,000/- and applied 1/3rd deductions towards personal
expenses, as the dependants are 3 members.

Thereby the

actual salary will come to Rs.18,000=00 - Rs.6,000=00 =

Rs.12,000=00 X 12 = Rs.1,44,000=00 per annum and applied
multiplier 17 X Rs.1,44,000/- = Rs.24,48,000/- and also awarded
Rs.1,00,000/- for loss of consortium and loss to estate,
Rs.2,00,000/- to daughter and Rs.1,00,000/- each to widow and
mother for loss of love and affection and Rs.25,000/- for funeral
expenses and in total is Rs.29,73,000.
According to the above said decision, the deceased herein is
aged about 26 years, by the time of accident and according to IIschedule of M.V.Act, the age factor of the deceased is 18 may be
applied. The deceased is a Prob. Assistant Manager in Syndicate
Bank, Yemgal, Kolar District and drawing an amount of Rs.24,182/per month and according to the above said decision, the
deceased herein will get Rs.48,364/- per month as future
income.
(2).2014 ACJ 2613 (AP)
M.A.C.M.A.No.2158/2013, decided on 05-12-2013.

N.Surender Rao and others Vs. B.Swamy and another

Quantum Fatal accident Principles of assessment
Multiplier Choice of Deceased a bachelor Claimants:
Parents and sister Whether multiplier based on the age
of the deceased be applied Held: Yes. (2012 ACJ 2002
(SC) followed).

(Para-33).
5

According to the above said decision, the law declared by

the Apex Court and a binding precedent and if that is applied to
the present facts of the case, multiplier applicable to the age
group of the deceased alone shall be taken for adopting
appropriate multiplier for arriving at compensation o be paid to
the dependants of the deceased bachelor. Hence the age of the
deceased alone shall be taken for adopting multiplier in view of
the law as on today, since earlier judgments are not binding
precedents but they only consist of a ration decidendi, as per
Amrit Bhanu Shali, 2012 ACJ 2002 (SC)
(3).2015 ACJ 594 (SC)
C.A.No.347/2015, decided on 13-1-2015.

Kanhsingh and another Vs. Tukaram and others

Quantum Fatal accident Principles of assessment
Future Prospects Deceased aged 27, Manager in Bank,
drawing Rs.15,155/- p.m., - Whether future increase in
income of the deceased be taken into consideration while
assessing dependency of the claimants Held: Yes; there
were definite chances of his future promotion and
increase in salary; allowed 50 per cent towards future
prospects. (2013 AC 1441 (SC) followed).
(Para10).

Quantum Fatal accident Deceased a bachelor aged 27,

Manager in Bank, drawing Rs.15,155/- p.m., - Claimants:
Parents Claims Tribunal awarded Rs.12,10,014/- - High Court
further allowed Rs.2,00,000/- and awarded Rs.14,10,014/- - Apex
Court taking the income as Rs.15,155/- p.m., i.e.,
Rs.1,81,860/- p.a., added 50 per cent towards future
prospects, deducted 10 per cent towards income tax and
1/3rd towards personal expenses, assessed dependency at
Rs.1,63,674/- p.a., adopted multiplier of 11 and allowed
Rs.18,00,414/- plus Rs.1,00,000/- towards loss of love and
affection, Rs.25,000/- for funeral expenses and Rs.5,00,190/towards medical expenses Awarded of Rs.14,10,014/- enhanced
to Rs.24,25,604/(Para-10, 11, 12,
13, 14).

With regard to the quantum of compensation, the petitioners

claimed Rs.25,00,000/- only for the death of their breadwinner,

who had been worked as Probationary Assistant Manager.

The

rash and negligence of the Lorry was amply proved by all the
documents and the manner of accident itself speaks volumes of
rash and negligence of the 1st respondent.
Therefore all the respondents 1 to 3 are jointly and severally
liable to pay compensation to the petitioners and the petitioners
are fully entitled for claiming above compensation.
Be pleased to Consider
Ongole,
Dt.05-06-2015.

Advocate for Petitioners

V.V.P.K
Petitioners

IN THE COURT OF THE 1st ADDL.

DISTRICT JUDGE :: ONGOLE

M.V.O.P.No.384/2012

WRITTEN ARGUMENTS FILED ON

BEHALF OF THE PETITIONERS

FILED BY:Sri. Y.SUNIL KUMAR,

Sri. V.V.PAVAN KUMAR,
ADVOCATES,
ONGOLE.