THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
M.A.C.M.A.No.235 OF 2021
JUDGMENT
1. This appeal is preferred by the appellant-insurance company questioning the order dated 13.10.2020 in M.V.O.P.No.15 of 2013 passed by the Motor Accident Claims Tribunal-cum-V-Additional District Judge, II FTC, Warangal at Jangaon (for short, the Tribunal).
2. First claimant is wife and claimant Nos.2 and 3 are sons and claimant No.4 is the daughter of the deceased Godari Narsaiah (hereinafter be referred to as 'the deceased').
3. The case of the claimants is that on 03.11.2011 at about 007: 15 PM while he was returning to his house on his motorcycle bearing registration No.AP 36 J 8276, a lorry bearing registration No.AP 28 TB 3835, driven by its driver in a rash and negligent dashed the deceased. As a result of which, the deceased received severe injuries and died on the spot. Claimant No.2 who was pillion rider also sustained grievous injuries. In connection with the accident, a case in Cr.No.150 of 2011 was registered. The deceased was working as Village Revenue Officer of Bhanjipet and was earning Rs.13,827/- pm. Hence, the claimants filed a claim petition seeking compensation of Rs.28.00 lakhs from the appellant-insurance company and the owner of the crime vehicle.
4. Before the Tribunal, the owner of the crime vehicle and the appellant-insurance company filed written statements denying the 2 allegations and contended that there is no negligence on the part of the driver of the vehicle and that the deceased was not having valid driving licence and that amount claimed by the claimants is highly excessive and that it is not liable to pay any compensation and prayed for dismissal of the claim petition.
5. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the lorry and awarded lump sum compensation of Rs.25.00 lakhs with interest at 7.5% per annum. Aggrieved by the said order, the appellant/insurance company filed the present appeal.
6. Learned counsel for the appellant-insurance company contends that the Tribunal erred in quantifying the compensation on surmises and conjectures. The Tribunal awarded a lumpsum compensation of Rs.25 lakhs with 7.5% per annum without following the provisions of the Motor Vehicles Act and the judgments of the Hon'ble Apex Court. The Tribunal ought to have awarded compensation under different heads. The Tribunal ought to have taken the net salary of the deceased at Rs.13,627/- after deducting the professional tax at Rs.200/- instead of Rs.13,827/-. Learned counsel prayed for setting aside the appeal.
7. A perusal of the order reveals that the Tribunal has granted a lumpsum compensation of Rs.25 lakhs without following the 3 provisions of the Motor Vehicles Act and the judgments of the Hon'ble Apex Court. As rightly contended by the learned counsel for the appellant, the Tribunal ought to have made an assessment of the compensation to be awarded duly taking the income and age of the deceased into consideration and applying appropriate multiplier. The net salary of deceased i.e., Rs.13,827/- pm is not in dispute. If Rs.200/- towards professional tax is deducted, the net salary of the deceased would come to Rs.13,627/- pm. The same would come to Rs.1,63,524/- per annum (Rs.13,627 x 12) and if 30% of the same is granted towards future prospects, the loss of dependency works out to Rs.49,057/-. The total comes to Rs.2,12,581/-. 25% of the said amount towards personal expenses, comes to Rs.53,145/-. Thus, the net earnings comes to Rs.1,59,436/-. Since the deceased was aged 42 years at the time of death, the appropriate multiplier would be 14. Therefore, the compensation comes to Rs.22,32,104/-. Further, the claimants are entitled to compensation towards conventional charges, which can be granted at Rs.50,000/-, and total comes to Rs.22,82,104/-. Further, claimant Nos.2 to 4 are entitled for loss of dependency and they can be awarded Rs.40,000/- each towards loss of dependency, which comes to Rs.1,20,000/-. Thus, the total compensation payable to the claimants comes to Rs.24,02,104/-. The claimants are entitled for interest @7.5% per annum from the date of O.P. till the date of realization. All other terms of the award granted by the trial Court shall remain the same.
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8. Accordingly, the Motor Accident Civil Miscellaneous Appeal is partly allowed to the extent indicated above. Miscellaneous petitions pending, if any, shall stand dismissed. No order as to costs.
_______________________ T. AMARNATH GOUD, J Date: 29.09.2021 Lrkm/ajr