Telangana High Court
Ega Aruna Devi vs Komuravelli Dayakar And Anr on 5 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.2752 OF 2008
JUDGMENT:
1. The appellant-claimant who is the mother of the deceased, dissatisfied with the compensation granted by the Tribunal preferred this appeal seeking enhancement of compensation.
2. Heard the learned counsel for the appellant and the learned counsel appearing for 2nd respondent-Insurance Company.
3. The manner in which the accident had taken place and the liability of the Insurance Company is not in dispute.
4. On 30.12.2005, while the deceased was returning home on his two wheeler, the offending vehicle which is a car hit the vehicle of the deceased at a high speed in the opposite direction resulting in the deceased falling down and receiving injuries and died on the next day in the hospital.
5. The ground raised by the learned counsel for the appellant is that though it was claimed that deceased was earning Rs.3,000/- p.m., the Tribunal without assigning any reason, considered the income of the deceased at Rs.2,200/-p.m. Further, the multiplier that was adopted should be considering the age of the deceased, not the age of the mother of the deceased. In 2 support of his contention, he relied on the judgment of the Hon'ble Supreme Court in Haresh Shantilal Avlani v. New India Assurance Co. Ltd. 1
6. Keeping in view that the deceased was an Electrician, his income can be considered at Rs.3,000/-p.m.
7. Accordingly, taking the income of the deceased at Rs.3,000/-p.m., the annual income comes to Rs.36,000/- p.a.(3,000x12). Further, in view of the judgment of the Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay Sethi 2, 40% has to be considered towards future prospects which comes to Rs.50,400/-(36,000+14,400). Out of which, 1/2 has to be deducted towards his personal expenses, which comes to Rs.25,200/-(50,400-25,200). As per the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 3, adopting the appropriate multiplier 20, the total comes to Rs.4,53,600/-(25,200x18). In addition, the appellant/claimant is entitled to Rs.40,000/- towards consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. Thus, the appellant is entitled for an amount of Rs.5,23,600/- towards compensation (4,53,600 +40,000+ 15,000+ 15,000).
1 Law Finder DocId#2528019 2 2017(6) ALD 170 (SC) 3 2009(6) SCC 121 3
8. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed enhancing the compensation awarded by the Tribunal from Rs.1,39,000/- to Rs.5,23,600/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization. The appellant is 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 : 05.08.2024 dv