HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
M.A.C.M.A.No.4341 of 2008
JUDGMENT :
This appeal is arising out of the orders in MVOP.No.877 of 2003, dated 07.02.2006 on the file of the XII Additional Chief Judge (FTC), City Civil Court, 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 seeking compensation of Rs.3,00,000/- on account of death of the deceased/Chand Pasha, in the accident which occurred on 27.10.2003 at 11.00 p.m., while the deceased was returning house on his scooter bearing No.AP-11-B-7707 from Vanasthalipuram and when he reached ring road, one DCM Van bearing No.AP-10-T-1114 in high speed, rash and negligent manner, dashed against the scooter of the deceased, for which, he fell down, sustained serious injuries, shifted to Osmania Government Hospital and succumbed to injuries while undergoing treatment on 28.01.2003 at 2:30 a.m. Basing on the complaint of 2 GAC, J MACMA.No.4341 of 2008 the family member of the deceased, a case was registered against the driver of the Van in Crime No.53 of 2003 for the offence under Section 304-A of IPC. The claimants are the parents of the deceased.
4. A detailed counter affidavit was filed by the respondent disputing the age, income and driving licence of the deceased. It was further contended that there was no negligence on the part of the driver of the Van.
5. The Tribunal, after considering the oral and documentary evidence on record, has come to a conclusion that the claimants are entitled for a compensation of Rs.3,00,000/- with interest @ 7.5% per annum and apportioned the said amount to the claimants.
6. 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. 3
GAC, J MACMA.No.4341 of 2008
7. Heard learned counsel for both the parties and perused the record.
8. It is contended by the learned counsel for the claimants that the Tribunal has erred in fixing the income of the deceased as Rs.3,000/- per month. It is further contended by the counsel for the appellant that the deceased was an Electrician and used to earn Rs.6,500/- per month and the Tribunal has also erred in making calculation by deducting 1/3rd instead of 1/2 as the deceased was an unmarried person and that the claimants are entitled for compensation under other conventional heads and prayed to allow the appeal.
9. On the other hand, the learned counsel for the respondent- Insurance Company 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.
10. On perusal of the entire evidence on record, there is no dispute as to the manner of the accident which occurred on 4 GAC, J MACMA.No.4341 of 2008 27.01.2003. PW-1 is the mother of the deceased, who deposed about the age of the deceased as 22 years as on the date of accident and the income of the deceased as Rs.4,000/- per month as an Electrician. Exs.A-1 and A-5 are the FIR and charge sheet in Crime No.53 of 2003 on the file of L.B.Nagar Police Station. Exs.A-2 and A-3 are the inquest report and Postmortem report of the deceased, which clearly disclose that the deceased died in a motor vehicle accident due to the rash and negligent act of the driver of the Van. Ex.A-4 is the MVI report, which clearly disclose that there are no mechanical defects in the Van at the time of accident. The charge sheet disclose that the driver of the Van drove the Van in a rash and negligent manner and hit the deceased, as a result, the death of the deceased occurred. The oral evidence of PW.1 and the documentary evidence in Exs.A-1 to A-5 corroborates with each other as to the manner in which the accident had occurred and as to the age of the deceased. No documentary evidence is placed before the Tribunal to prove the income of the deceased as Rs.4,000/- per month. As per the proposition laid in Ramachandrappa vs. Manager, Royal Sundaram Alliance 5 GAC, J MACMA.No.4341 of 2008 Insurance Company Limited1, the income of the deceased was taken as Rs.4,500/- per month as Labour even in the absence of documentary evidence for the incident occurred in the year 2003. Taking into consideration the said proposition, the earnings/income of the deceased is fixed as Rs.4,500/- p.m.
11. On perusal of the order of the Tribunal, it is evident that the Tribunal has awarded Rs.3,00,000/- towards future loss of income restricting the claim, though the loss of earnings have been calculated to Rs.6,12,000/-.
12. Admittedly, the deceased was aged about 22 years as on the date of the accident and as stated supra the income of the deceased can be taken as Rs.4,500/- per month. If 40% future prospects is added, it would come to Rs.6,300/- (Rs.4,500+1800). As the deceased is an unmarried person, 50% of his earnings has to be deducted towards his personal expenses. Thus, his contribution towards family would come to Rs.3,150/-. As per the judgment of Hon'ble Supreme Court in Smt.Sarla Verma v. Delhi Transport 1 (2011) 13 SCC 236 6 GAC, J MACMA.No.4341 of 2008 Corporation & another2, the multiplier applicable is '18' for the age group of 21 to 25 years. If the annual income and multiplier '18' are applied, then, the loss of earnings of the deceased would be Rs.6,80,400/- (Rs.3,150 X 12 X 18).
13. As per the judgment of Hon'ble Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi & others3, claimants 1 and 2 are entitled to Rs.40,000/- each towards consortium and Rs.15,000/- towards funeral expenses and another Rs.15,000/- towards loss of estate.
14. Thus, the claimants are entitled to the compensation under the following heads;
1. Loss of dependency Rs.6,80,400/-
2. Funeral expenses Rs.15,000/-
3. Consortium (Rs.40,000/- each) Rs.80,000/-
4. Loss of estate Rs.15,000/-
TOTAL Rs.7,90,400 /-
15. Accordingly, the appeal is disposed of, granting a total compensation of Rs.7,90,400/- with costs and interest at the rate of 7.5% per annum from the date of petition till the date of realisation. 2 (2009) 6 SCC 121 3 2017 ACJ 2700 7 GAC, J MACMA.No.4341 of 2008 Both the appellants/claimants being the parents of the deceased, are equally entitled for the said amount and they are permitted to withdraw the same, as the accident occurred in 2003.
Pending miscellaneous applications, if any, shall stand closed.
________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 22.09.2022 dv