Telangana High Court
Kolipaka Laxmi And 2 Others vs Madugula Venkat Reddy , Srinivas Reddy ... on 1 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.1407 of 2015
JUDGMENT:
The appellants-claimants, who are the parents and wife of the deceased filed this appeal against the Order and Decree dated 15.10.2012 in O.P.No.105 of 2010 on the file of the Motor Accident Claims Tribunal-Cum-District Judge, Karimnagar, where under the Tribunal granted an amount of Rs.4,48,000/- along with interest @ 7.5% per annum as against the claim of Rs.8,00,000/- on account of the death of the deceased in the motor vehicle accident on 13.05.2008.
2. Heard learned counsel for the appellants and learned counsel for respondents and perused the entire material on record.
3. The manner in which the accident had taken place and the liability is not in dispute.
4. Briefly, the case of the claimants is that, on 13.05.2008, the employer of the deceased, who was also having agriculture, engaged the tractor-trailer, sent the deceased to bring paddy. On the way, after crossing the gate, respondent No.1 drove the said tractor in a rash and negligent manner with high speed due to which, the tractor turtle and the 2 deceased sustained fatal injuries. Immediately, while the deceased was sifted to hospital, on the way, he died.
5. As the deceased was a labourer and was earning Rs.6,000/- per month, according to claimants, this Court deems it appropriate to consider the income of the deceased as Rs.4,500/-. The Tribunal has not granted future prospects.
6. Accordingly, taking the income of the deceased at Rs.4,500/, the annual income comes to Rs.54,000/-p.a.(4,500x12). Further, in view of the judgment of the Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay Sethi 1, as the deceased was aged about 27 years, future prospects @ 40% has to be considered, which comes to Rs.75,600/- (54,000+21,600). Out of which, 1/3rd has to be deducted towards his personal expenses, which comes to Rs.50,400/-(75,600-25,200). In view of the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 2, as the deceased was aged about 27 years the appropriate multiplier would be '17'. Thus, loss of dependency comes to Rs.8,56,800/- (Rs.50,400x17). In addition, the appellants/claimants are entitled to Rs.1,20,000/- (40,000x3) towards 1 2017(6) ALD 170 (SC) 2 2009(6) SCC 121 3 consortium (3 dependents, Rs.40,000/- each). The appellants/claimants are also entitled to Rs.40,000/- towards loss of estate and funeral expenses. Thus, in total the claimants are entitled to Rs.10,16,800/- (8,56,800 + 1,20,000 + 40,000).
7. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.4,48,000/- to Rs.10,16,800/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization. The appellants are 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: 01.07.2024 vsl