Telangana High Court
M.Jayamma vs D.Devender And Anr on 30 April, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1079 OF 2013
JUDGMENT:
1. The appellant-claimant filed this appeal against the Order and Decree dated 21.12.2012 in O.P.No.1154 of 2010 on the file of the Motor Accidents Claims Tribunal-Cum-XV Additional Chief Judge, City Civil Court, Hyderabad, where under the Tribunal granted an amount of Rs.5,98,800/- towards compensation along with interest @ 7.5% per annum as against the claim of Rs.15,00,000/- on account of the injuries received by the appellant in the motor vehicle accident occurred on 27.10.2009.
2. The manner in which the accident had taken place and the injuries sustained by the appellant-claimant are not in dispute. The appellant-claimant challenged the impugned award only on the quantum of compensation awarded by the Tribunal. Therefore, this Court is not inclined to go into other details other than the quantum of compensation.
3. Heard the learned counsel for the appellant-claimant and the learned counsel for respondent No.2-Insurance Company.
4. The claimant was injured in an accident on 27.10.2009. While she was travelling in an Auto, the offending vehicle which is a lorry came in a high speed and hit the Auto resulting in the 2 claimant and others falling down from the Auto and receiving grievous injuries.
5. The appellant received four fractures and was treated in the Kamineni Hospital at Basheerbagh.
6. Learned Tribunal having considered the evidence on record calculated the notional income of the appellant at Rs.2,000/-p.m. and adopted '12'.
7. The Hon'ble Supreme Court in Ramachandrappa vs. The Manager, Royal Sundaram, Alliance Insurance Company Limited 1, held that the income of a daily wage labour can be considered at Rs.4,500/- per month. In view of the judgment of the Hon'ble Supreme Court in Ramachandrappa's case, this Court is inclined to fix the income of the appellant at Rs.4,500/- p.m notionally. Further, the appropriate multiplier to be adopted is '13'.
8. Accordingly, taking the income of the deceased at Rs.4,500/-p.m., the annual income comes to Rs.54,000/- p.a.(4,500x12). Further, in view of the judgment of the Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay 1 (2011) 13 SCC 236 3 Sethi 2, 25% has to be considered towards future prospects which comes to Rs.67,500/-(54,000+13,500). Considering disability at 20%, the amount is arrived at Rs.13,500/-. As per the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 3, adopting the appropriate multiplier 13, the total comes to Rs.1,75,500/-(13,500x13). In addition, the appellant/claimant is entitled to Rs.5,00,000/- towards medical expenditure, Rs.50,000/- towards pain and suffering and Rs.25,000/- towards transport and attendant. Thus, the total amount, the appellant is are entitled to is Rs.7,50,000/-.
9. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.5,98,800/- to Rs.7,50,000/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization. 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 : 30.04.2024 dv 2 2017(6) ALD 170 (SC) 3 2009(6) SCC 121 4 THE HON'BLE SRI JUSTICE K.SURENDER M.A.C.M.A No.1079 OF 2013 Dt.30.04.2024 dv