Telangana High Court
Bollu Ailamma And 3 Ors vs P.Bhaskar Rao And 3 Ors on 10 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.123 of 2010
JUDGMENT:
Aggrieved by the award dated 07.11.2008 in M.V.O.P.No.1366 of 2005 passed by the Motor Accident Claims Tribunal (District Judge) at Khammam, the claimants have preferred this appeal seeking enhancement of the compensation.
2. Heard Sri Kovvuri Krishna Kishore, learned counsel for the appellants/claimants and Sri Kondadi Ajay Kumar, learned standing counsel for the respondent No.4/Insurance Company and perused the entire material on record.
3. The claim petition was filed seeking compensation of an amount of Rs.3,00,000/- and the Tribunal has granted compensation of Rs.1,52,000/- with interest @ 7.5% per annum from the date of petition till the date of deposit with a direction that respondent Nos.1 and 2 are jointly and severally liable to pay the 50% of said compensation and the remaining 50% compensation was directed to be paid by respondent Nos.3 and 4 jointly and severally.
4. The manner in which the accident has taken place and the liability on the part of both the insurance companies and the owners of the vehicles is not disputed.
KS, J MACMA_123_2010 2
5. The case of the claimants is that the deceased along with others engaged an auto to attend the relatives funeral at Miryala village, Nethankal Mandal. While they were returning, the driver of the auto drove it in a rash and negligent manner and hit a stationed tractor trailer. The driver of the tractor had parked the tractor on the road without taking any precautions to indicate that the tractor was parked on the road.
6. The learned Tribunal found that the accident is on account of both the vehicles since the auto driver in which the deceased was travelling had drove it at high speed resulting in the accident. Further, the tractor was stationary on the road and there was no indication put up by the driver of the tractor for the benefit of other vehicle users to know that the tractor was parked on the road.
7. The learned counsel for the appellants would submit that the Tribunal has granted compensation by calculating the annual income of the deceased at Rs.15,000/- though it was claimed in the petition that the deceased was earning Rs.3,000/- per month and also produced salary certificate under Ex.A6. This Court relying on the judgment of the Hon'ble Apex Court in case of Ramachandrappa Vs. Manager, Royal Sundaram Alliance 1, where the monthly income of the daily wage labourer is considered at Rs.4,500/- without there being any evidence, is inclined to 1 (2011) 13 SCC 236 KS, J MACMA_123_2010 3 take the monthly income of the deceased at Rs.3,000/- as claimed by the claimants.
8. The Hon'ble Apex Court in case of National Insurance Co. Ltd. Vs. Pranay Sethi 2 has held that while considering the compensation in cases of death, the future prospects of the self employed shall also be considered. Having regard to the age of deceased as 44 years as on the date of accident and occupation as self-employed, if 25 percent of the income is included as future prospects, the monthly income would come to Rs.3,000/- (Rs.3,000+750). As the dependants are four members, 1/4th of the income shall be deducted towards personal expenditure, as per the authority in Smt. Sarla Varma Vs. Delhi Transport Corporation 3, thus the annual contribution of the deceased to the claimants would be Rs.33,750/- (Rs.3,750-937.50X12). As per Schedule II of the Act, if the said annual contribution arrived is multiplied with relevant multiplier to the age of the deceased i.e. '14', the total amount comes to Rs.4,72,000/-. The claimants are entitled for the said amount under the head of loss of dependency.
9. Further, under the conventional heads, the court below has granted meager amounts. Relying on the ratio laid down in case of Pranay Sethi (supra), the claimants are granted Rs.33,000/- towards funeral expenses and 2 2017 (6) 170 (SC) 3 (2009) 6 S.C.C. 121 KS, J MACMA_123_2010 4 loss of estate and further, each of the claimant is granted Rs.44,000/- towards consortium. .
10. Therefore, the claimants are eligible for the compensation as below:
Head Compensation awarded
(1) Loss of dependency Rs.4,72,000
(2) Funeral expenses and Loss of Estate Rs.33,000
Loss of Estate
(3) Loss of parental consortium Rs.1,76,000 (for 1st to 4th
claimants)
Total compensation awarded Rs.6,81,000/-
11. In the result, the Motor Accident Miscellaneous Appeal is allowed enhancing the compensation amount awarded by the Tribunal from Rs.1,52,000/- to Rs.6,81,000/- as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.
(b) The claimants shall pay the court fee on the enhanced amount of compensation.
(c) Respondent Nos.1 and 2 shall deposit 50% of the amount and respondent Nos.3 and 4 shall deposit the remaining 50% of the amount within a period of (8) weeks from the date of receipt of KS, J MACMA_123_2010 5 copy of judgment. On such deposit, claimants are entitled to withdraw the entire amount without furnishing the security.
(d) Amounts shall be apportioned in terms of the ratio as decided by the Tribunal in the Award.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_________________ K.SURENDER, J Date: 10.07.2024 gvl