THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
M.A.C.M.A. No.1327 OF 2007
ORDER:
This appeal is filed by the appellant-claimant aggrieved by the Judgment and Decree dated 15.02.2007 passed in O.P.No.964 of 2006 by the V Additional Metropolitan Sessions Judge (Mahila Court)
- Cum - XIX Additional Chief Judge, City Criminal Courts at Hyderabad.
2. The brief facts of the case are that on 13.01.2006 the deceased and his friends were proceeding on the Chetak Scooter towards Siddalur village, when they reached near Thangadpally Village of Chevella Mandal, a lorry bearing No.KA-39/4359 came from opposite direction and dashed against the scooter, as a result, the deceased fell down and sustained injuries. The deceased was shifted to Osmania General Hospital and got treated as in-patient but he succumbed to injuries on 14.01.2006. The deceased was a student and earning Rs.4,000/- per month by doing labour work, because of his sudden death, the petitioners who are dependants on his income have lost the said income and support. The appellant filed aforesaid OP claiming compensation against respondents, for the death of the deceased.
3. Before the Tribunal, the respondent No.1 remained exparte and respondent No.2 filed written statement denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.
4. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to 2 the rash and negligent driving of the driver of the lorry and awarded total compensation of Rs.1,22,500/- with interest @ 7.5% per annum i.e., Rs.1,12,500/- towards loss of future income and Rs.5,000/- each towards loss of love and affection. Dissatisfied with the quantum of compensation, the appellants filed the present appeal, seeking enhancement of the same.
5. As per Ex.A.3, post-mortem report, the age of the deceased is 15 and since no proof of age is produced, the age of the deceased can be safely fixed at 15.
6. The view taken by the learned tribunal in fixing the earning capacity of the deceased at the relevant time is not disputed in view of the facts and circumstances. The stand adopted by the learned tribunal in adopting the age of the mother of the deceased for assessing the multiplier is not admissible in view of the various catena of decisions delivered by the Hon'ble Apex Court. As the petitioners being the parents of the deceased as dependents of the deceased and since the deceased as a bachelor is not disputed, 50% of the income has to be deducted towards personal living expenses of the deceased, resultantly, the annual contribution of deceased to the petitioners would be Rs.7,500/-. If this amount is multiplied with the multiplier applicable to the age of the deceased i.e., 15, the sum comes to Rs.1,12,500/- (Rs.7,500/- x 15). The petitioner is entitled for this amount towards 'Loss of Dependency'.
7. Besides, the petitioners are also entitled for Rs.15,000/- towards loss of estate; Rs.15,000/- towards funeral charges. 3
8. Further, the Hon'ble Supreme Court, by reiterating the comprehensive interpretation to 'consortium' given in the authority of Magma General Insurance co. Ltd. vs. Nanu Ram & ors. 1, in the authority between United India Insurance Co. Ltd. vs. Satinder Kaur @ Satwinder Kaur and others 2 reinforced that the amounts for loss of consortium shall be awarded to the children as parental consortium for the loss of the parental aid, protection, security, love and affection and filial consortium to the parents for the loss of love and affection and companionship of their grown up children. Therefore, petitioners being the parents of the deceased are entitled to Rs. 40,000/- each towards filial consortium.
9. Thus, in total, the petitioners are eligible for the compensation as follows :
DESCRIPTION AMOUNT (Rs.)
Loss of Dependency 1,12,500.00
Loss of Estate 15,000.00
Funeral Charges 15,000.00
Filial consortium to the petitioner 80,000.00
TOTAL 2,22,500.00
10. For the aforesaid reasons, the appeal is allowed in part. The
petitioners are awarded with the compensation of Rs.2,22,500/- (Rupees two lakhs, twenty two thousand, five hundred only) with interest @ 7.5% per annum with costs., from the date of petition till date of realization;
i) the owner and insurer/respondents are jointly and severally are liable to pay the compensation as they are directed to deposit the 1 (2018) 18 SCC 130 2 Civil Appeal No.2705 of 2020, dt.30.06.2020 4 awarded amount by setting of the amounts if any, within one month from the date of receipt of a copy of this judgment;
(ii) on deposit of the awarded amount, the petitioners are permitted to withdraw entire amount awarded in favour.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
______________________________ NAGESH BHEEMAPAKA, J Date:01.09.2023 VRKS 5 THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA M.A.C.M.A. No.1327 OF 2007 Date:01.09.2023 VRKS