Telangana High Court
Shaik Hussain Bee vs M. Ajay Reddy And Another on 12 February, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.886 OF 2008
JUDGMENT:
1. Appellant-claimant who is the wife of the deceased filed this appeal against the Order and Decree dated 11.12.2007 in O.P.No.665 of 2005 on the file of the Motor Accident Claims Tribunal-Cum-I Additional District Judge, Nalgonda, where under the Tribunal granted an amount of Rs.1,29,000/- towards compensation along with interest @ 7.5% per annum as against the claim of Rs.2,00,000/- on account of the injuries sustained by the appellant in the motor vehicle accident occurred on 04.04.2005.
2. The manner of accident and the injuries sustained by the appellant-claimant are not in dispute and the appellant 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 and the learned counsel for the 2nd respondent-Insurance Company.
4. The case of the appellant is that on 04.04.2005, while the deceased was travelling in an auto along with his family members, a maruti car in the opposite direction came in a rash and negligent manner with a high speed and dashed their auto resulting in 2 grievous injuries and fractures to the inmates of the auto. The husband of the appellant herein died while undergoing treatment in the Government Hospital.
5. Learned counsel for the appellant, submitted that the Tribunal erroneously granted meager compensation and sought to enhance the same.
6. The Tribunal has considered the income of the deceased as Rs.1500/- per month which can be enhanced to Rs.3,000/- per month (1/3rd deduction of the same comes to 2000. Adding 10% future prospects comes to Rs.2,200/-). As such, the income is arrived at Rs.2,64,000/- per annum. Applying multiplier '11' comes to Rs.2,90,400/- (2,64,000x11).
7. Thus, this Court deems it appropriate to enhance the compensation under various heads as follows:
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Annual Rs.96,000/- Rs.2,90,000/-
contribution of the
deceased
02. Loss of Rs.33,000/- Rs.77,000/-
consortium, loss
of estate and
funeral expenses
TOTAL Rs.1,29,000/- Rs.3,67,000/-
8. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed enhancing the compensation amount awarded by the 3 Tribunal from Rs.1,29,000/- to Rs.3,67,000/-. 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. There shall be no order as to costs.
9. Miscellaneous petitions pending, if any, shall stand closed. No costs.
__________________ K.SURENDER, J Date : 12.02.2024 dv 4 THE HON'BLE SRI JUSTICE K.SURENDER M.A.C.M.A No.886 of 2008 Dt.12.02.2024 dv