THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
M.A.C.M.A.No.114 of 2020
JUDGMENT:
Being dissatisfied with the order and decree, dated 25.06.2019 passed in M.V.O.P.No.686 of 2015 on the file of the V Additional District Judge (II Fast Track Court), Warangal at Jangaon (for short "the Tribunal"), the appellants/respondent Nos.3 and 4 preferred the present appeal.
2. For the sake of convenience, the parties will be hereinafter referred to as arrayed before the Tribunal.
3. The facts, in issue, are as under:
The claimants filed a petition under Section 166(1) A of the Motor Vehicles Act, 1988 claiming compensation of Rs.18,00,000/- for the death of one Gadari Srinivas, husband of claimant No. 1, father of claimant Nos. 2 & 3 and son of claimant Nos.4 and 5 (hereinafter referred to as "the deceased"), who died in a motor vehicle accident that occurred on 10.04.2015. It is stated that on 10-04-2015 at about 7-30 p.m. at Pagidipally village, Bhongir Mandal, Nalgonda District, while the deceased Gadari Srinivas and one Vorsu Krishna were 2 MGP, J Macma_114_2020 crossing the road to purchase kiranam articles, in the meantime, one unknown car which was proceeding from Hyderabad side towards Warangal in a rash and negligent manner and dashed the deceased, due to which he sustained injuries on his right leg and head and died on the spot. Immediately he was shifted to Bhongir. According to the claimants, the deceased was aged 36 years, working as operator of JCB and earning Rs.18,000/- and odd per month. As the accident occurred due to rash and negligent driving of the Car by its driver, the claimants filed the claim-petition against the respondents 1 to 4, being the driver, owner and insurer of the said vehicle seeking compensation under various heads.
4. Before the Tribunal, respondent No.2 filed counter denying the manner in which the accident took place, including the age, avocation and income of the deceased. It is further submitted that the crime vehicle was insured with the respondent Nos.3 and 4 covering the date of accident and therefore, prays to dismiss the petition.
5. Respondent Nos.3 and 4-ICICI Lombard General insurance Company Limited filed counter disputing the manner of accident, involvement of the car in the accident, age, avocation and income of 3 MGP, J Macma_114_2020 the deceased. It is also stated that the quantum of compensation claimed is excessive. It is further contended that in the complaint itself, it was mentioned as unknown vehicle and in such circumstances, it is a hit and run case and therefore, prayed to dismiss the petition.
6. Considering claim, counter and the oral and documentary evidence available on record, the Tribunal held that the accident occurred due to the negligent driving of the driver of the car and accordingly awarded an amount of Rs.14,30,000/- with proportionate costs and interest @ 12% per annum from the date of petition till the date of realization to be paid by the respondents 1 to 4 jointly and severally. Challenging the same, the present appeal came to be filed by the claimants seeking enhancement.
6. Heard and perused the record.
7. The learned Standing Counsel for the respondent Nos.3 and 4- Insurance Company, has contended that there was no negligence on the part of the driver of the offending vehicle and the Tribunal has erred in fastening the liability on the appellants-Insurance Company and the amount awarded by the tribunal is exorbitant. Furthermore, 4 MGP, J Macma_114_2020 the rate of interest awarded by the tribunal is also very high. Accordingly, prayed for setting aside the impugned order in the O.P.
The contention of the learned counsel appearing for the claimants is that the Tribunal after considering the oral and documentary evidence available on record, has awarded reasonable compensation, in fact, the compensation is to be enhanced by considering the age and avocation of the deceased.
9. With regard to the manner of accident, though the learned counsel for the appellants-Insurance Company contended that there was no negligence on the part of the driver of the offending vehicle, the tribunal after evaluating the evidence of PWs.1 and 2 coupled with the documentary evidence on record came to the right conclusion and held that the accident occurred due to the rash and negligent driving of the car.
10. As regards the quantum of compensation, the claimants claimed that the deceased was aged 36 years, Operator of JCB owned by one Pallapu Yellaiah and earning Rs.18,000/- per month. Ex.A.5, salary certificate was filed by the claimants to that effect. However, the claimants failed to examine the authorized person who has issued 5 MGP, J Macma_114_2020 Ex.A5. Therefore, the tribunal has taken the income of the deceased at Rs.10,000/- per month, deducted 1/4th of the same towards personal expenses of the deceased and by applying multiplier of '15', awarded an amount of Rs.13,50,000/- towards loss of dependency. Further the tribunal also awarded an amount of Rs.20,000/- towards funeral expenses, Rs.20,000/- towards transportation charges and Rs.40,000/- towards loss of consortium. Thus in all the claimants are awarded an amount of Rs.14,30,000/-, which is just and reasonable. Therefore, there are no grounds to interfere with this aspect.
11. Insofar as the interest awarded by the Tribunal is concerned, the tribunal awarded rate of interest at 12% per annum, which is very high. As per the decision of the Apex Court in Rajesh and others v. Rajbir Singh and others1, the claimants are entitled to interest @ 7.5% per annum on the compensation awarded by the Tribunal from the date of petition till realization but not 12% as was awarded by the Tribunal.
13. In the result, the appeal is allowed in part to the extent of modifying the rate of interest from 12% to 7.5% per annum. In all 1 2013 ACJ 1403 = 2013 (4) ALT 35 6 MGP, J Macma_114_2020 other aspects, the order of the Tribunal stands confirmed. There shall be no order as to costs.
As a sequel, the miscellaneous applications, if any pending, shall stand closed.
___________________________ SMT. M.G.PRIYADARSINI, J 03.02.2023 pgp 7 MGP, J Macma_114_2020 THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI M.A.C.M.A.No.4096 of 2014 DATE: 10-11-2022 8 MGP, J Macma_114_2020