Telangana High Court
Shaik Altaf vs Sri Syed Mahmood Hussain And Another on 7 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1261 OF 2009
JUDMENT:
1. This appeal is filed by the appellant questioning the
quantum of compensation granted by the Tribunal on account of
the injuries received in the motor vehicle accident occurred on
19.04.2003.
2. Heard the learned counsel for the appellant-claimant and
the learned counsel for respondent No.2-Insurance Company.
3. The manner in which the accident had taken place and the liability are in dispute.
4. On 19.04.2003, while the claimant was going on his bicycle with one Shaik Ahmed Hussain and when they reached Binola Village, the offending vehicle which is an Auto came in a rash and negligent manner with high speed and dashed the bicycle from behind, resulting in multiple grievous injuries to the claimant/appellant.
5. Learned counsel appearing for the claimant submits that the Tribunal has erred in considering the income of the claimant at Rs.2,500/-p.m. though it was claimed that the claimant was earning around Rs.15,000/-p.m. by doing business in cattle, goats 2 and sheep. He further submits that the Tribunal has not considered granting of 40% future prospects, as per the judgment of the Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay Sethi 1.
6. Except stating in Ex.A-9/charge sheet that the appellant was doing mutton business in Binola village, no proof of income was filed, this Court is inclined to fix the income of the deceased at Rs.3,000/- per month notionally.
7. Accordingly, taking the income of the appellant at Rs.3,000/-p.m., the annual income comes to Rs.36,000/-p.a. 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). In view of the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 3, the appropriate multiplier would be '18'. When applied '18' multiplier, the amount comes to Rs.9,07,200/-(50,400x18). Taking into consideration, 80% disability, the amount is arrived at comes to Rs.7,25,760/-.
1 2017(6) ALD 170 (SC) 2 2017(6) ALD 170 (SC) 3 2009(6) SCC 121 3
8. Accordingly, this Court deems it appropriate to enhance the compensation as follows.
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Disability Rs.4,08,000/- Rs.7,25,760/-
(Income @ Rs.2,500/- (Income @
and disability at 80%) Rs.3,000,disability at
80% including future
prospects)
02. Medical Rs.10,000/- Rs.10,000/-
expenditure
03. Pain and suffering Rs.10,000/- Rs.10,000/-
04. Extra nourishment Rs.2,000/- Rs.2,000/-
05. Loss of earnings Rs.5,000/- Rs.6,000/-
Rs.4,35,000/- Rs.7,53,760/-
TOTAL
9. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.4,35,000/- to Rs.7,53,760/-. 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