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MACMA No.3213 of 2016
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
M.A.C.M.A.No.3213 OF 2016
JUDGMENT:
This MACMA is preferred by the appellant/Insurance Company under Section 173 of the Motor Vehicles Act, 1988 aggrieved by the order and decree dt.02.06.2016 passed in M.V.O.P.No.365 of 2014 by the Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge, Karimnagar (for short "the Tribunal").
2. Heard Sri N. Mohan Krishna, learned counsel for appearing for the appellant/Insurance Company and Sri A. Jagan, learned counsel appearing for respondents/petitioners No.1 to 5.
3. For the sake of convenience, the parties will be hereinafter referred to as they are arrayed before the Tribunal.
4. Brief facts of the case are that on 10.02.2014 while one Ramagiri Mallesham (hereinafter referred to as "deceased") was proceeding from Peddapally to Karimnagar on his motorcycle bearing No.AP-15B-4268, when he reached Suglampally village, on lorry bearing No.MH-27X-2509 was parked on the road negligently by the 1st respondent without switching on the parking lights and without taking 2 RRN,J MACMA No.3213 of 2016 any precautionary measures, due to which, the deceased could not observe the same and dashed the lorry. As a result of which, the deceased suffered injuries and died on the spot. Therefore, the petitioners claimed compensation of Rs.10,00,000/-.
5. The Tribunal dismissed the claim petition against Respondent No.1 due to non-payment of process, and the 2nd respondent remained ex parte. Respondent No.3 filed a counter before the Tribunal denying the averments of the petition.
6. To prove their case, the petitioners examined PW.1 to PW.3 and got marked Ex.A1 to A8. On behalf of respondent No.3, RW.1 was examined and got marked Ex.B1.
7. On appreciating the evidence on record, the Tribunal allowed the claim in part by granting compensation of Rs.9,61,000/- with interest @ 7.5% p.a. to the petitioners. Questioning the same, the present appeal is filed.
8. Learned counsel appearing for the appellant/respondent No.3 contended that the reason for the accident occurred due to the sole rash and negligent driving of the deceased and the Tribunal 3 RRN,J MACMA No.3213 of 2016 failed to consider the same as the deceased himself dashed the lorry which was at stationery, from behind. He further contended that the Tribunal considered the monthly income of the deceased at Rs.6,000/- without any basis and also inter alia contended that the compensation under various heads is on the higher side, which are liable to be reduced. Accordingly, prayed to enhance the compensation amount.
9. Opposing the same, the learned Counsel appearing for petitioners No.1 to 5 contended that the Tribunal was justified in awarding the compensation amount under various heads and prayed to dismiss the appeal.
10. Upon careful perusal of the record and in light of the submissions made by both counsel, this Court is of the considered view that the Tribunal was justified in holding that the driver of the lorry had negligently parked the lorry on the road without taking precautionary measures such as switching on hazard lights or any other indication so as to prevent any such unwarranted events. As such, this Court has no hesitation to confirm the findings of the Tribunal in fastening the liability upon all the respondents.
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MACMA No.3213 of 2016
11. The Tribunal assessed the income of the deceased at Rs.6,000/- per month in the absence of any proof of income. As such, this Court is inclined to accept the contention of the appellant/Insurance Company that without any proof, the Tribunal has assessed the income of the deceased on the higher side. Hence, this Court is inclined to fix the monthly earnings of the deceased @ Rs.4,500/- in view of the decision of the Hon'ble Supreme Court in Ramchandrappa vs Manager, Royal Sundaram Alliance Insurance Co. Ltd.1. To this, 25% future prospects are added as the deceased was aged 42 years. Thus, the monthly income of the deceased is Rs.4,500/- + 25% = Rs.5,625/- and annually it comes to Rs.67,500/- (Rs.5,625/- x 12). As the dependants are 5 in number, 1/4th amount from the annual income is to be deducted and the same is to be multiplied with '14' as per National Insurance Company Ltd. Vs. Pranay Sethi2 and Sarla Verma V. Delhi Transport Corporation3. Thus, the total loss of dependency would come to Rs.67,500 x ¾ x 14 = Rs.7,08,750/-. The petitioners are further entitled to Rs.77,000/- (Rs.40,000/- + 15,000 + Rs.15,000/- + 10%) towards loss of spousal consortium, loss of estate and funeral expenses as per 1( 2011 ) 13 SCC 236 2 (2017) 16 SCC 680.
3
(2009) 6 SCC 121
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MACMA No.3213 of 2016
Pranay Sethi (supra) in place of Rs.1,00,000/-, 25,000/- and 25,000/- respectively as awarded by the Tribunal.
12. The Tribunal awarded Rs.25,000/- towards loss of love and affection and the same is substituted with Rs.1,20,000/- towards loss of parental consortium to petitioners No.2 to 4, and Rs.40,000/- is also awarded to petitioner No.5 towards loss of filial consortium as per Magma General Insurance Company Ltd. V. Nanuram @ Churu Ram4. However, the amount of Rs.25,000/- awarded towards mental agony and Rs.5,000/- towards transportation charge of the dead body of the deceased are deducted.
13. In all, the petitioners are entitled to the reduced compensation of Rs.9,45,750/-.
14. Resultantly, the M.A.C.M.A is allowed in part by reducing the compensation amount from Rs.9,61,000/- to Rs.9,45,750/- (Rupees Nine Lakh, Forty Five Thousand, Seven Hundred and Fifty only) with interest at 7.5% p.a. from the date of petition till the date of realization. Respondents No.1 to 3 are directed to deposit the compensation amount with interest and costs, after deducting the amount, if any already deposited, within two months from the date of 4 2018) 18 SCC 130 6 RRN,J MACMA No.3213 of 2016 receipt of a copy of this order. The compensation amount shall be apportioned among the petitioners in the same manner and ratio as ordered by the Tribunal. There shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
_____________________________________ NAMAVARAPU RAJESHWAR RAO, J 16th day of March, 2023 BDR