Telangana High Court
Kolle Gangu And 2 Others vs Sri Ramgiri Sagar And Another on 12 December, 2023
THE HONOURABLE SMT. JUSTICE K. SUJANA
M.A.C.M.A.No.888 of 2008
JUDGMENT:
Feeling aggrieved and dissatisfied with the judgment and decree dated 10.05.2007 in O.P.No.1019 of 2004 passed by the Motor Accident Claims Tribunal, (for short 'The Tribunal'), the appellant/claimant preferred the present appeal.
2. Vide the aforesaid award, the Tribunal has awarded an amount of Rs.4,04,000/- (Rupees Four Lakhs Four Thousand only) as compensation with proportionate costs and interest at 7.5% per annum thereon from the date of petition till the date of realization. The Tribunal directed respondents to deposit the amount.
3. The appellants/claimants filed the claim petition before the Tribunal under Section 166 (1) (c) of the Motor Vehicles Act, 1988 for an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) for the death of one Kolle Chinna Bajanna in a Motor Vehicle accident.
4. Respondent No.1 is the owner of the auto bearing No. AP-25/U-6289 and respondent No.2 is the Insurance Company Limited.
5. Heard Sri Lakkadi Dayaker Reddy, learned counsel appearing for the appellants as well as Sri S.A.V. Ratnam, learned counsel appearing on behalf of the respondents.
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6. It is the specific contention of learned counsel for the appellants that on 14.03.2004 while the deceased along with Gummula Posani and Gandla Narsu Bai of pirprigaini was travelling in the auto bearing No.AP-25/U-6289 from Chengal to Armoor at about 06:30 P.M., when the auto reached the limits of Mamidipally meanwhile, the driver of the auto drove at high speed in rash and negligent manner lost control over the auto and dashed against the motor cycle bearing No.AP-25/G-7340, later the auto went off the road side and turned turtle. As a result, he sustained injuries and died on 20.03.2004 while undergoing treatment at Osmania General Hospital, Hyderabad.
7. The Tribunal on consideration the entire evidence, both oral and documentary, gave a finding that the accident had occurred due to rash and negligent driving of respondent No.1 and the same vehicle is insured with respondent No.2, as such, the Tribunal awarded an amount of Rs.4,04,000/- payable by respondent Nos.1 and 2. Aggrieved by the quantum, the claimants filed the present appeal.
8. There is no dispute with regard to the liability of the Insurance Company. The only contention of learned counsel for the appellant is that the amount awarded by the Tribunal is not sufficient. Now the point for consideration is whether the appellant is entitled for enhancement of the claim or not.
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9. Having regard to the rival submissions and on perusal of the material available on record, it reveals that there is no dispute with regard to the liability and negligence, so there is no need to discuss about the same. He was doing agriculture and doing business in cattle, paddy and food grains and was earning Rs.15,000/- per month and contributing his earning to the appellants. On account of his death of the deceased his life was shortened and that appellants were put to hardship the first petitioner lost her son and second appellant lost her husband and third appellant lost his father. Though it is stated that the deceased was earning Rs.15,000/- per month, taking into consideration that the accident occurred in the year 2004, the Tribunal has taken the monthly income of the deceased as Rs.2,000/- per month and the claimants failed to produce any evidence to show that the income that is derived by the deceased is Rs.15,000/- per month.
10. This court has gone through the judgment of the Hon'ble Apex Court in Ramachandrappa Vs. Manager, Royal Sundaram Alliance 1, in the similar set of circumstances, where, the deceased therein was a labourer and the Tribunal has rejected to consider the monthly income of deceased as Rs.4,500/- and the Hon'ble Apex Court has held that the labourer cannot produce any 1 (2011) 13 SCC 236 4 SKS,J MACMA.No.888_2008 evidence for his daily income and Rs.4,500/- is a reasonable income. Hence, in this case also, it would be appropriate to consider the monthly income of the deceased as Rs.4,500/-. As such, the income of the deceased is taken as Rs.4,500/- per month. The Hon'ble Apex Court in National Insurance Co. Ltd. Vs. Pranay Sethi 2 held that while considering the compensation in cases of death, the future prospects of the self employed shall also be considered. Having regard to the age and occupation as self-employed, if 40 percent of the income is included as future prospects, the monthly income would come to Rs.6,300/-(4,500+1,800). As the dependants are three members, 1/3rd of the income has to be deducted towards personal expenditure, as per law laid down in Smt. Sarla Varma Vs. Delhi Transport Corporation 3 . Thus, the annual contribution of the deceased to the claimants would be of Rs.50,400/- (6,300-2,100x12). As per his age i.e.40 years as on the date of accident, as per the post mortem examination report, the appropriate multiplier would be '15', the total amount comes to Rs.7,56,000/- (50,4000x15).
11. As there are three claimants, they are entitled to Rs.44,000/- each towards loss of consortium, which would come to Rs.1,32,000/- 2 2017 (6) 170 (SC) 3 (2009) 6 S.C.C. 121 5 SKS,J MACMA.No.888_2008 (Rs.44,000 x3). Further the claimants are entitled for Rs.15,000/- towards funeral expenses, Rs.15,000/- towards loss of estate and Rs.5,000/- towards damage to clothes.
12. In the light of the above mentioned discussion, the claimants are entitled to the following amounts:
Heads Compensation awarded
Loss of dependency Rs.7,56,000/-
Loss of consortium Rs. 1,32,000/-
Funeral expenses Rs.15,000/-
Loss of estate Rs.15,000/-
Damage to clothes Rs.5,000/-
Total Rs.9,23,000/-
13. As appellant No.1/mother died during pendency of this appeal, appellant No.2/wife of the deceased is awarded an amount of Rs.5,00,000/- and appellant No.3/son of the deceased is awarded an amount of Rs.4,23,000/-.
14. Accordingly, the appeal is allowed in part. The compensation amount awarded by the Tribunal is hereby enhanced from Rs.4,04,000/- to Rs.9,23,000/- (Rupees Nine Lakhs Twenty-Three Thousand only). The 6 SKS,J MACMA.No.888_2008 enhanced amount will carry interest at 7.5% p.a. from the date of passing of award by the Tribunal till the date of realization, payable by respondents jointly and severally after deducting the amount, if any, deposited earlier within one (1) month from the date of receipt of certified copy of this Judgment and thereafter, the appellant is permitted to withdraw the same. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
_______________ K. SUJANA, J DATE: 12.12.2023 SAI 7 SKS,J MACMA.No.888_2008 THE HON'BLE SMT. JUSTICE K. SUJANA M.A.C.M.A.No.888 of 2008 Date: 12.12.2023 SAI