Telangana High Court
United India General Insurance Co. ... vs Khaja Raziuddin And 2 Others on 20 February, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1791 OF 2013
JUDGMENT:
1. The appellant-Insurance Company filed this appeal against the Order and Decree dated 12.04.2013 in O.P.No.251 of 2011 on the file of the Motor Vehicle Accident Claims Tribunal (III Additional District Judge) at Nalgonda, where under the Tribunal granted an amount of Rs.2,90,000/- towards compensation along with interest @ 7.5% per annum as against the claim of Rs.6,00,000/- on account of the injuries sustained by the claimant in the motor vehicle accident occurred on 18.10.2010.
2. The manner of accident and the injuries sustained by the claimant are not in dispute. However, the appellant-Insurance Company challenged the impugned award on the ground that the deceased was a gratuitous passenger and not entitled for compensation.
3. Heard the learned counsel for the appellant-Insurance Company and the learned counsel for the respondents.
4. The case of the Insurance Company is that the deceased was travelling in a Qualis vehicle which belongs to respondent No.1, owner of the vehicle, to Hyderabad. When the vehicle 2 reached Kothaguda bridge, the driver of the vehicle drove in a rash and negligent manner and dashed against the bridge resulting in the vehicle falling into the bridge and some of inmates received injuries and also one died for which the claim was made.
5. The Tribunal considering the judgment of erstwhile Andhra Pradesh High Court in United India Insurance Company Ltd., vs. Ahmadi Begum and others 1, observed that if a private vehicle is allowed to carry persons other than its owner or driver, as per the conditions of registration, all such persons come within expression as third party, since the policy covers third party.
6. Learned counsel appearing for Insurance Company had not come up with any other decision of the Apex Court to show that the view taken by this Court in the above judgment is incorrect. The deceased cannot be considered as gratuitous passenger as argued by the Insurance Company counsel.
7. The Hon'ble Supreme Court in Surekha, W/o Rajendra Nakhate and Ors vs. Santosh, S/o Namdeo Jadhav and others 2 held that if the High Court comes to a conclusion that the Tribunal ought to have granted more compensation than that was granted, without any cross appeal, the said award can be passed over and above the award of the Tribunal. The claim of the 1 LC ACR 2011 (8) AP (1) 2 Law Finder Doc.Id.1732663 3 claimants is that the deceased was earning Rs.5,000/-p.m., however, the Tribunal had taken the income as Rs.3,000/-p.m. The multiplier '18' has to be taken since the deceased was aged 23 years, however, the Tribunal has taken '15' as multiplier. In accordance with the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 3, the appropriate multiplier is '18'. Further, as per the ratio laid down by the Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay Sethi 4, claimants are entitled for 40% on the income of the deceased towards future prospects.
8. Accordingly, the compensation is enhanced under various heads as follows:
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Loss of contribution 2,70,000/- Rs.3,24,000/-
(15 multiplier) (18 multiplier)
02. Love and affection Rs.15,000/- Rs.15,000/-
03. Funeral expenses Rs.5,000/- Rs.5,000/-
04. 40% future /- Rs.1,29,600/-
prospects
Rs.2,90,000/- Rs.4,73,000/-
TOTAL
9. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.2,90,000/- to Rs.4,73,000/-. The enhanced 3 2009(6) SCC 121 4 2017(6) ALD 170 (SC) 4 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 : 20.02.2024 dv 5 THE HON'BLE SRI JUSTICE K.SURENDER M.A.C.M.A No.1791 OF 2013 Dt.20.02.2024 dv