THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
M.A.C.M.A.Nos.1077 of 2023 and 2370 of 2019
COMMON JUDGMENT: (per Hon'ble Sri Justice P.SAM KOSHY)
Heard Sri Kota Subba Rao, learned counsel for the
appellant/Insurance Company.
2. These two appeals are filed challenging the same impugned
award passed by the learned XXVII Addl. Chief Judge, City Civil
Court at Secunderabad, (herein referred to as 'the Trial Court')
in M.V.O.P.No.48 of 2013 decided on 23.04.2014.
3. The claimants are the father, mother and sister of the
deceased - Sri Kannadi Rupak Ashle. The deceased met with an
accidental death on 09.03.2012 while he was travelling by Maruthi
Swift Car bearing registration No.AP 09 BY 5935. When the car in
which he was travelling dashed against a tree due to rash and
negligent driving of the driver resulting in grievous injuries to
which he later succumbed to death.
4. M.A.C.M.A.No.2370 of 2019 is an appeal preferred by the
claimants seeking for enhancement of the compensation. The
deceased in the instant appeal was aged about 26 years. He was a
2
bachelor and an employee of the private company drawing monthly
income as per the pay slip to the tune of Rs.39,028/- per month.
PW.3 - S. Phanesh is the witness from the employer's
establishment proving the employment of the deceased. From the
pleadings what is also an admitted factual matrix is that the father
of the deceased was himself an employee who is a pensioner having
retired from service.
5. M.A.C.M.A.No.1077 of 2023 is an appeal filed by the
Insurance Company challenging the quantum of compensation and
M.A.C.M.A.No.2370 of 2019 is an appeal preferred by the
claimants seeking for enhancement of the compensation.
6. So far as the appeal filed by the Insurance Company is
concerned, the contention of the learned counsel for the Insurance
Company drawing attention to the decision of the Hon'ble Supreme
Court of India in the case of Sarla Verma vs. Delhi Transport
Corporation 1 as also the case of National Insurance Co. Ltd.,
vs. Pranay Sethi and Others 2 , the awarding of compensation
towards loss of estate, loss of love and affection to be on the higher
side, so also the compensation awarded towards funeral expenses
being on the higher side. It was also the contention of the learned
counsel for the Insurance Company that the deduction made
1
(2009) 6 SCC 121
2
(2017) 16 SCC 680
3
towards personal expenses also had to be 50% instead of 1/3rd
that had been deducted by the Trial Court while computing the
compensation.
7. On the other hand, another appeal is filed by the claimants
seeking for enhancement of compensation of the award in the light
of the decisions of the Hon'ble Supreme Court of India, both in the
cases of Sarla Varma (supra) and Pranay Sethi (supra).
8. Having heard the contentions put forth on behalf of the
learned counsel for the Insurance Company and on perusal of the
pleadings, there does not seem to be any dispute so far as the
factual matrix is concerned i.e., the deceased being aged about 26
years, the deceased having met with an accidental death on
09.03.2012
and vehicle involved in the accident duly insured by the Appellant/Insurance Company i.e. National Insurance Co., Limited. There is also no dispute so far as the income of the deceased being Rs.39,028/- per month and after deduction of Income Tax to the tune of Rs.2,415/-, the net salary comes to Rs.36,613/-.
9. Taking into consideration the aforesaid factual matrix, we now proceed to quantify the compensation in terms of the judgments that have been laid down by the Hon'ble Supreme Court 4 of India in the aforesaid two decisions of Sarla Varma (supra) and Pranay Sethi (supra):
(i) The annual income of the deceased comes to Rs.4,39,356/-(Rs.36,613/- × 12 ).
(ii) In addition, the petitioner was entitled for a compensation of 50% towards future prospects that would come to Rs.2,19,678/-, that brings the total amount to Rs.6,59,834/-. Since the deceased was a bachelor, there would had been a deduction towards personal expenses which could bring the amount to Rs.3,29,517/-. Which if multiplied applying the multiplier of 17, that would bring the compensation amount to Rs.56,01,789/-.
(iii) The claimants in terms of the judgments of the Hon'ble Supreme Court of India in the case of Pranay Sethi (supra) would be entitled for loss of estate and funeral expenses of Rs.30,000/- (Rs.15,000 × 12). In addition the mother, father and sister would be entitled for loss of consortium and filial compensation of Rs.1,20,000/- (Rs.40,000 × 3) which brings the total compensation to Rs.57,26,819/-.
10. In view of the same, the appeal filed by the Insurance Company thus fails and is accordingly dismissed. The appeal filed 5 by the claimants stands partly allowed and the claimants would therefore be entitled for a compensation of Rs.57,26,819/- instead of Rs.31,32,612/- as awarded by the Trial Court. The entire enhanced amount in terms of the decision of the Hon'ble Supreme Court of India in the case of Sarla Varma (supra) would now be payable to the mother of the deceased. Taking into consideration the fact that the father and sister are not the dependents, therefore the enhanced amount would be payable only to the mother of the deceased. However, the apportionment made by the Trial Court to the father and sister would remain same, so also the rate of interest awarded would also remain intact. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
__________________ P.SAM KOSHY, J ____________________________________ LAXMI NARAYANA ALISHETTY, J Date: 01.11.2023 GSD