HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
M.A.C.M.A. No.4137 of 2008
O R D E R:
The appellants/claimants have filed the present appeal aggrieved by the order and decree dated 15.11.2006 passed in MVOP.No.2729 of 2003 by the Motor Vehicle Accidents Claims Tribunal Cum II Additional Chief Judge, City Civil Court, Hyderabad.
2. Sri Anantha Chary Kurella, learned counsel for the appellants/claimants, submit that the daughter of the appellants 1 & 2 and sister of appellants 3 & 4 died in a road accident that took place on 04.10.2002. At the time of the accident, the age of the deceased was six years. He submits that a claim petition was filed by the appellants/claimants claiming an amount of Rs.2,50,000/-, but the Court below has granted an amount of Rs.1,52,000/-. He submits that the court below has deducted 1/3rd amount and further has taken the notional income at Rs.15,000/- and granted only an amount of Rs.1,52,000/-.
Learned Counsel for the appellants/claimants has relied on the judgment of the Hon'ble Apex Court in Meena Devi v. Mumu Chand Mahto @ Nemchand Mahto & others1. He submits that in the said case, where the apex court while relying on the judgment 1 2022 Live Law (SC)841 2 in Kishan Gopal and another v. Lala and others2 has fixed the notional income at Rs.30,000/- and applied the multiplier as 15 and assessed loss of dependency at Rs.4,50,000/- and under the conventional heads an amount of Rs.50,000/- is granted and the total amount was arrived at Rs.5,00,000/-. He submits that the said ratio laid down in the above case applies to the present case of the appellants.
3. Though notice is served on the respondent-Insurance Company, there is no representation on its behalf. Hence, this Court has appointed Smt. Satya Manjula to represent the respondent-Insurance Company.
4. Learned counsel for the respondent-Insurance Company does not dispute the proposition law laid down in the judgment of the Hon'ble apex court in Meena Devi's case (supra).
5. In view of the same, the Appeal is allowed by enhancing the compensation under the following heads:-
1) 30,000 notional income
X multiplier15 = Rs.4,50,000/-
2) Conventional heads = Rs. 50,000/-
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Total = Rs.5,00,000/-
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2 (2014)1SCC244
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6. The appellants/claimants shall pay the Court fees on the enhanced amount. The appellant is entitled for an interest of 7.5% on the enhanced amount of compensation from the date of petition till the date of realization. The Respondent-Insurance company shall deposit the amount within eight (08) weeks from today. On such Deposit, the appellants are entitled to withdraw the amount. No order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
__________________________ LALITHA KANNEGANTI, J 31st January, 2023 myk