HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
M.A.C.M.A.No.1097 of 2013
JUDGMENT :
This appeal is arising out of the orders in O.P.No.1294 of 2010, dated 07.01.2013 on the file of Motor Accident Claims Tribunal-cum-I Additional Metropolitan Sessions Judge-cum-XV Additional Chief Judge, Hyderabad.
2. For the sake of convenience, parties are referred to as arrayed in the O.P.
3. The appellants are the claimants. The O.P. was filed by the claimants under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.23,00,000/- on account of death of the deceased/K.Rajeswar Reddy, in the accident which occurred on 28.11.2009 at 6.20 p.m.. The said accident occurred, while the deceased and his family members were proceeding from Hyderabad in his car bearing No.AP-09-Y-2991 and when they reached the outskirts of Turkapalli, the RTC bus bearing No. AP-28-Z-3468 of Karimnagar Depot, driven by its driver in a rash and negligent manner, dashed against the car. As a result, the 2 GAC, J MACMA.No.1097 of 2013 deceased Rajeswar Reddy died on the spot and rest of the occupants sustained injuries.
4. Basing on the complaint of the inmates of the car, a case was registered against the driver of the Bus in Crime No.207 of 2009 on the file of Shameerpet Police Station for the offences punishable under Sections 338 and 304-A of IPC. The claimants are the wife, children and parents of the deceased. It is the specific averment in the claim petition that the deceased was working as an employee in Electricity Department and was earning Rs.5,780/- per month and was contributing the same to the family.
5. A detailed counter affidavit was filed by the respondents/RTC disputing the age, income and occupation of the deceased. It was further contended that there was no negligence on the part of the driver of the Bus.
6. The Tribunal, after considering the oral and documentary evidence on record, granted a compensation of Rs.12,29,964/-. 3
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7. Being aggrieved as to the quantum of compensation awarded by the Tribunal, the claimants have filed this appeal for enhancement of compensation. So, the appreciation of evidence would be with respect to the quantum alone.
8. Heard learned counsel for both the parties and perused the record.
9. It is contended by the learned counsel for the claimants that the Tribunal has erred in not considering the future prospects of the deceased/employee and prayed to grant future prospects while calculating the income of the deceased and while granting compensation under other notional heads and prayed to allow the appeal.
10. On the other hand, the learned counsel for the respondents/RTC contended that there is no error or irregularity in the orders passed by the Tribunal so as to interfere with the same and therefore, prayed to dismiss the Appeal confirming the judgment of the Tribunal.
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11. On perusal of the entire evidence on record, there is no dispute as to the manner of the accident which occurred on 28.11.2009. PW-1/Claimant No.1 is the wife of the deceased, Claimant Nos.2 and 3 are the minor son and daughter of the deceased, Claimant Nos.4 and 5 are the parents of the deceased.
12. On perusal of the judgment of the Tribunal, it is evident that future prospects of the deceased are not taken into consideration while calculating the compensation amount. There is no dispute as to the age and income of the deceased. Exs.X-4 and X-5 are the pay particulars of the deceased. The salary of the deceased for 28 days in the month of November, 2009 is Rs.8,141/- as per Ex.X-5. It is important to note that the deceased expired on 28.11.2009. Ex.X-4 is the pay bill particulars of the deceased for the month of October, which discloses that the total gross salary of deceased for the said month was Rs.9,014/-. It is pertinent to mention that the Tribunal has taken into consideration only the net income of the deceased but not the gross income. But, as per the propositions laid down by the Apex Court, the gross income of the deceased has to be taken into consideration.
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13. The deceased was aged about 30 years as on the date of the accident as per Exs.A-4 and A-5 (inquest and postmortem reports respectively) and the income of the deceased can be taken as Rs.9,014/- per month. If 50% is added towards future prospects, it would come to Rs.13,521/- (Rs.9,014+4507). The claimants in this case are five in number and therefore, 1/4th of his salary/income has to be deducted towards the personal expenses of the deceased. Thus, the deceased would be contributing 3/4th of his income to the family. As per the judgment of Hon'ble Supreme Court in Smt.Sarla Verma v. Delhi Transport Corporation & another1, the multiplier applicable is '17' for the age group of 26 to 30 years. The annual income of the deceased would be Rs.1,62,252/- (Rs.13,521 X 12). Therefore, the loss of earnings of the deceased would be Rs.20,68,713/- (Rs.1,62,252 X 17 X 3/4).
14. As per the judgment of Hon'ble Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi & others2, wife, children and parents of the deceased are entitled to Rs.40,000/- each towards 1 (2009) 6 SCC 121 2 2017 ACJ 2700 6 GAC, J MACMA.No.1097 of 2013 consortium and Rs.15,000/- towards funeral expenses and another Rs.15,000/- towards loss of estate.
15. Thus, the claimants are entitled to compensation under the following heads;
1. Loss of dependency Rs.20,68,713/-
2. Funeral expenses Rs.15,000/-
3. Consortium (Rs.40,000/- to the wife, Rs.2,00,000/-
children and parents of the deceased)
4. Loss of estate Rs.15,000/-
TOTAL Rs.22,98,713 /-
16. Accordingly, the appeal is allowed, granting a total compensation of Rs.22,98,713/- with costs and interest at the rate of 7.5% per annum from the date of petition till the date of realization, payable by the respondents/RTC within two months from the date of receipt of a copy of this order. Appellant Nos.2 and 3 are the minor children of the deceased and they are entitled to Rs.5,00,000/- each, and their respective shares shall be deposited in any Nationalised Bank as fixed deposits till they attain majority. The appellant Nos.1, 4 and 5 are equally entitled for the rest of the amount i.e. Rs.12,98,713/- along with interest and they are 7 GAC, J MACMA.No.1097 of 2013 permitted to withdraw their respective shares, on payment of deficit Court fee, as the accident occurred in the year 2009.
Pending miscellaneous applications, if any, shall stand closed.
________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 07.12.2022 ajr