Telangana High Court
Akthari Begum And 9 Others vs Abdul Azeez And Another on 7 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.145 OF 2009
JUDMENT:
1. The appellants who are the dependants of the deceased
filed this Appeal questioning the meagre compensation granted
by the Tribunal.
2. Heard the learned counsel for the appellants and the
learned counsel for respondent No.2-Insurance Company and
perused the record.
3. The manner in which the accident had taken place and the liability is not in dispute.
4. According to the version of the claimants/appellants, the deceased who is the husband of 1st appellant while going by the side of the road on foot on 25.11.2004, the offending vehicle which is a lorry tipper came at high speed and hit him resulting in the deceased falling down and the front wheel of the lorry ran over him causing serious injuries and thereafter died on the same day on the way to hospital.
5. It was pleaded by the claimants before the Tribunal that the deceased was an Electrician and earning around Rs.10,000/-p.m., however, since no documentary evidence or 2 proof was filed regarding income, the Tribunal deemed it appropriate to consider the income of the deceased at Rs.42,000/-p.a. Keeping in view the observations made by the Hon'ble Supreme Court in Ramachandrappa vs. The Manager, Royal Sundaram, Alliance Insurance Company Limited 1, this Court is inclined to fix the income of the deceased at Rs.4,000/-p.m notionally and grant compensation accordingly.
6. Accordingly, the income of the deceased is considered at Rs.4,000/-p.m. Out of which, 1/5th has to be deducted towards his personal expenses, which comes to Rs.3,200/-p.m.(4,000-
800). Accordingly, the annual income comes to Rs.38,400/-p.a. (3,200x12). 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 '9'. When applied '9' multiplier, the amount comes to Rs.3,45,600/- (38,400x9). In addition, the claimants are entitled for an amount of Rs.90,000/-towards loss of consortium and an amount of Rs.30,000/- towards loss of estate and funeral expenses. Thus, the total compensation, the claimant is entitled to is Rs.4,65,600/-(3,45,600+90,000+30,000). 1 (2011) 13 SCC 236 2 2009(6) SCC 121 3
7. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.1,47,000/- to Rs.4,65,600/-. 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 : 07.08.2024 dv