Telangana High Court
Maroni Bai vs Mr. Janakraj Brijlal Khurana on 15 April, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.3164 OF 2008
JUDGMENT:
1. The appellants-claimants, who are the children, wife and parents of the deceased filed this appeal against the Order and Decree dated 10.05.2007 in O.P.No.750 of 2005 on the file of the Motor Vehicles Accident Claims Tribunal-Cum-Principal District Judge, Medak at Sangareddy, where under the Tribunal granted an amount of Rs.1,59,000/- towards compensation along with interest @ 7.5% per annum as against the claim of Rs.5,00,000/- on account of the death of the deceased in the motor vehicle accident occurred on 11.07.2005.
2. Heard the learned counsel for the appellants and the learned counsel appearing for 2nd respondent-Insurance Company.
3. On 11.07.2005 at about 4:30 a.m. while the deceased was travelling by bus from Badnera to Loni, the offending vehicle which is also a bus came at a high speed in a rash and negligent manner and dashed against the bus in which the deceased was travelling, resulting in his death.
4. The manner of accident is not in dispute. However, the appellants are mainly aggrieved on the quantum of compensation 2 granted by the Tribunal which is meagre. Further, the other grounds raised are that appropriate multiplier '14' was not considered and 1/3rd deductions are considered instead of 1/5th and consequently consortium was also not considered.
5. The Tribunal considered the income of the deceased at Rs.3,000/-p.m. The Hon'ble Supreme Court in Ramachandrappa vs. The Manager, Royal Sundaram, Alliance Insurance Company Limited 1 held that income of a daily wage labour can be considered at Rs.4,500/- per month. In view of the said judgment, this Court is inclined to fix the income of the deceased at Rs.4,500/-p.m notionally. Out of which, 1/5th has to be deducted towards his personal expenses, which comes to Rs.3,600/-p.m.(4,500/-900/-). Accordingly, the annual income comes to Rs.43,200/-p.a. (3600x12). In view of the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 2, the appropriate multiplier would be '14'. When applied '14' multiplier, the amount comes to Rs.6,04,800/-(43,200x14). In addition, the claimants are also entitled for an amount of Rs.3,52,000/- towards loss of consortium (wife, 5 children and parents Rs.44,000/- each). 1 (2011) 13 SCC 236 2 2009(6) SCC 121 3 Thus, the total compensation, the claimants are entitled to is Rs.9,56,800/-(6,04,800+3,52,000).
6. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed enhancing the compensation awarded by the Tribunal from Rs.1,59,000/- to Rs.9,56,800/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization. The appellants are permitted to withdraw the entire amount of compensation, on payment of deficit Court fee. Except the above enhancement, the award of the Tribunal shall remain same on all other aspects. Miscellaneous applications, if any pending, shall stand closed.
__________________ K.SURENDER, J Date : 15.04.2024 dv