HONOURABLE SMT. JUSTICE M.G. PRIYADARSINI
M.A.C.M.A. No. 336 of 2020
JUDGMENT :
Dissatisfied with the quantum of compensation awarded by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-V Additional District Judge at Karimnagar vide order dated 08.03.2019 in M.V.O.P. No. 480 of 2013, the present appeal is filed by the claimants.
2. On 26.05.2013, at about 05:10 hours, while the deceased, Sammaiah, aged about 48 years, along with his brother, was on morning walk, when he reached near Sai Garden at the outskirts of Elkthuthi Village, the offending vehicle i.e., tractor & trailer bearing Nos. AP 15BL 0131/AP 15BL 0154, owned by respondent No. 2, insured with respondent No. 3, being driven by its driver, respondent No. 1, at high speed in a rash and negligent manner, dashed the deceased from his back side and ran over him due to which, the deceased died on the spot. According to the claimants, the deceased was agriculturist, doing cloth business and earning Rs.10,000/- per month. Therefore, they laid the claim against the respondents seeking compensation of Rs.16.00 lakhs under different heads.
3. Before the tribunal, the respondent Nos. 1 & 2 filed a counter denying the allegations made in the claim petition, including the 2 rash and negligence on the part of respondent No. 1. Respondent No. 3 filed a counter denying all the allegations made the claim petition and contended that the claim is excessive and exorbitant. The learned Tribunal, considering the claim of the appellants, counter filed by the respondents, and on evaluation of oral and documentary evidence, allowed the O.P. in part, awarding a total compensation of Rs.6,94,000/- along with costs and interest @ 7.5% per annum from the date of petition till the date of realization, to be deposited by the respondents jointly and severally within one month from the date of said order.
4. Heard the learned counsel for the appellants and the learned Standing Counsel for the Insurance Company, respondent No. 3. Perused the material available on record.
5. In this appeal, the learned Counsel for the appellants- claimants has argued that though the tribunal has rightly taken the income of the deceased at Rs.6,000/- per month, did not award the future prospects and considering the age of the deceased as 48 years, as per the decision of the Apex Court in National Insurance Company Limited Vs. Pranay Sethi and others1, at least 25% to the established income of the deceased ought to have been added towards future prospects. It is further contended that since the 1 2017 ACJ 2700 3 number of dependents are five, the tribunal ought to have deducted towards personal expenses of the deceased at 1/4th but not 1/3rd. Even the amount granted under conventional heads, by applying 10% addition for the period of three years, the tribunal ought to have awarded Rs.77,000/-, but not Rs.70,000/-, as per the decision in Pranay Sethi (supra). Therefore, the learned counsel seeks enhancement of compensation awarded by the learned Tribunal.
6. On the other hand, the learned Standing Counsel for the Insurance Company, respondent No. 3, has contended that the learned Tribunal has adequately granted the compensation and the same needs no interference by this Court.
7. There is no dispute with regard to the manner of the accident and the rash and negligent driving of the offending vehicle by its driver in causing the accident on 26.05.2013 that resulted in the death of the deceased. As seen from the record, the claimants- appellants had claimed that the deceased was agriculturist and doing cloth business and earning Rs.10,000/-, but in the absence of any authenticated evidence adduced by them in this regard, the tribunal has rightly assessed the monthly income of the deceased at Rs.6,000/-. Since the deceased was 48 years, as per the decision of the Apex Court in Pranay Sethi (supra), towards future prospects at 25% on the actual income of the deceased needs to be added. 4 Hence, the future income of the deceased would be Rs.7,500/- per month (Rs.6,000 + 25% thereof). Since the claimant Nos. 2 & 3 are married daughters, the tribunal has rightly deducted 1/3rd towards personal expenses of the deceased. Therefore, after deducting 1/3rd from Rs.7,500/-, the net monthly contribution to the family comes to Rs.5,000/-. Since the deceased was 48 years at the time of the fatal accident, as per the decision of the Apex Court in Smt. Sarla Varma v. Delhi Transport Corporation and another2, the appropriate multiplier is '13'. Therefore, taking the same into consideration, the total loss of dependency of the appellants comes to Rs.7,80,000/- (Rs.5000 x 12 x 13). Thus, under the head of loss of dependency, the compensation is enhanced to Rs.7,80,000/-, as against Rs.6,24,000/- awarded by the Tribunal. In addition thereto, under the conventional heads, as against the amount of Rs.70,000/- awarded by the Tribunal, the claimants are granted Rs.77,000/- as per the decision of the Apex Court in Pranay Sethi (supra) by giving 10% enhancement for the three years' period. That apart, as per the decision of the Apex Court in Magma General Insurance Company Limited v. Nanu Ram @ Chuhru Ram and others3, the claimant Nos. 4 & 5, being the dependent children, are granted Rs.50,000/- each towards parental consortium. Thus, in all, the claimants are entitled for the total compensation of Rs.9,57,000/-. 2 2009 (6) SCC 121 3 (2018) 18 SCC 130 5
8. In the result, the M.A.C.M.A. is allowed in part by enhancing the compensation amount awarded by the Tribunal from Rs.6,94,000/- to Rs.9,57,000/-. The enhanced amount shall carry interest at 7.5% per annum from the date of order passed by the Tribunal till the date of realization, to be payable by the respondents jointly and severally. Time to deposit the amount is two months from the date of receipt of a copy of this order. The amount of compensation shall be apportioned among the appellants-claimants in the ratio as ordered by the Tribunal. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
______________________________ JUSTICE M.G. PRIYADARSINI Date: 31.10.2022 tsr