Telangana High Court
Pallati Ashwini And 4 Others vs T.Yellender And Another on 16 July, 2024
HON'BLE SRI JUSTICE K.SURENDER
MACMA.No. 2346 OF 2008
JUDGMENT:
1. The appellants are aggrieved by the compensation granted by the Tribunal vide Order in O.P.No.273 of 2006, dated 28.05.2008, present appeal is filed seeking enhancement of the compensation.
2. Petition was filed under Section 163-A of Motor Vehicles Act. It was claimed by the appellants that the deceased was earning Rs.40,000/- per annum. However, the Tribunal considered Rs.15,000/- as the annual income and accordingly granted compensation.
3. I.A.No.1 of 2004 is filed by the appellants praying to permit the appellants to convert their claim under Section 163-A to Section 166 of Motor Vehicles Act, mainly on the ground that the evidence was led before the Court below, as though it was a case under Section 166 of Motor Vehicles Act. In fact, the proof of income was filed and it was also shown that the auto driver in which the deceased was traveling was at fault. He relied on the judgment of this Court in the case of United India Insurance Co., Ltd. V. 2 Mokkala Chandramma and others (2003 ACJ 191), wherein this Court had permitted amendment of the claim petition from Section 163-A to Section 166 of the Motor Vehicles Act.
4. Learned counsel also relied on the judgment of the Hon'ble Supreme Court in the case of R.K.Malik v. Kiran Pal (2009)14 SCC
1) in which case, the Hon'ble Supreme Court had granted compensation over and above the amount mentioned in II Schedule of Motor Vehicles Act for the claim under Section 163-A. Learned counsel also relied on the judgment in the case of Chinnathamani v. Amman Granites (2020 ACJ 2677). The High Court of Madras had granted future prospects in a petition filed under Section 163- A.
5. On the other hand, learned counsel appearing on behalf of the insurance company would submit that there cannot be any future prospects in a claim made under Section 163-A of Motor Vehicles Act since the Courts can only grant compensation in accordance with the II Schedule of the Motor Vehicles Act. The wording in the Section does not pave way for future prospects. He relied on the judgment of High Court of Sikkim in MAC App No.10 of 2018, dated 3 04.04.2022 and the Hon'ble Division Bench of Sikkim Court held that there cannot be any future prospects in a claim petition under Section 163-A of Motor Vehicles Act. Further, the counsel relied on the judgment of this Court in MACMA No.706 of 2010 in the case of New India Assurance Company Limited v. Smt.Ummannagari Akkamma and others, whereby this Court had reduced the compensation granted by the Tribunal while confining to the limit under Section 163-A. In the other judgment in M.A.C.M.A.No.1374 of 2016, this Court had declined to grant any future prospects in an application filed under Section 163-A of the Motor Vehicles Act. Counsel argued that the judgments are binding on this Court and accordingly, prayed to dismiss the prayer of claims for considering future prospects.
6. Having gone through the record, application seeking amendment claim petition under Section 166 of Motor Vehicles Act was filed after 16 years of the appeal being filed. I do not find any reason to allow application. Accordingly, I.A.No.1 of 2024 is dismissed.
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7. Before the Court below, it was specifically claimed that the deceased was earning Rs.40,000/- per annum. However, the Court found that since there was no documentary evidence to support income of the deceased, the income was confined to Rs.15,000/- per annum. However, the Court found that the deceased was a mason earning money to maintain his family financially. In the said circumstances, the Court should not have restricted the income of the deceased at Rs.15,000/-. In the present circumstances of the case, this Court deems it appropriate to consider the income of the deceased at Rs.40,000/- per annum and accordingly grant compensation.
8. The Hon'ble Supreme Court in the case of Kurvan Ansari @ Kurvan Ali v. Shyam Kishore Murmu (Civil Appeal No.6902 of 2021, dated 16.11.2021 held that though there were several reminders and directions passed by the Hon'ble Supreme Court to amend II Schedule, the same was not done. In the said circumstances, the Hon'ble Supreme Court considered the income of non-earning member as Rs.25,000/- though it is restricted to Rs.15,000/- under II Schedule.
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9. This Court finds that the Tribunal has committed an error in considering the income at Rs.15,000/- per annum though on facts, Tribunal concluded that the deceased was working as a mason and taking care of his family. From the date of filing of the petition, it is the claim of the petitioners that the deceased was earning Rs.40,000/- per annum, the said quantum can be considered to grant compensation.
10. Accordingly, considering the income of the deceased at Rs.40,000/- per annum compensation can be granted. The age of the deceased at the time of the accident is 43 years and the appropriate multiplier applied for the persons of his age is 13 and when the same is applied, it comes to Rs.5,20,000/- (Rs.40,000/- x13). 1/3rd has to be deducted towards personal expenses of deceased i.e, Rs.1,73,000/-. When the same is deducted, it comes to Rs.3,47,000/- is towards loss of dependency. An amount of Rs.80,000/-(Rs.40,000/- x 2) is granted to the children of the deceased towards filial compensation. An amount of Rs.15,000/- is granted towards funeral expenses. In all, the appellants are 6 entitled to Rs.4,42,000/- (Rs.3,47,000/- + Rs.80,000/- and Rs.15,000/-.
11. In view of above, the respondents are directed to deposit an amount of Rs.4,42,000/-(Rupees four lakhs forty two thousand only) before the Tribunal with interest at the rate of 7.5% per annum from the date of petition till realization The claimants are directed to deposit the deficit court fee on the enhanced compensation amount. The appellants are entitled to the compensation as ordered by the trial Court.
12. Accordingly, Appeal is allowed. Consequently, miscellaneous applications, if any, shall stand closed.
___________________ K.SURENDER, J Date: 16.07.2024 kvs