Telangana High Court
Ambothu Chandhi And 4 Ors vs N.Bichya Naik And Anr on 18 June, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.5114 OF 2008
JUDGMENT:
Aggrieved by the award dated 29.07.2008 in O.P.No.618 of 2006 passed by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-I Additional District Judge, Nalgonda, the appellants have filed this appeal for enhancement of the compensation amount.
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 17.05.2006, while deceased was travelling along with his wife and some others in an auto, a tractor and trailer which is offending vehicle driven by its driver in a rash and negligent manner with high speed came in the opposite direction and hit the auto. As a result, the deceased sustained grievous injuries and died on the spot.
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5. The only ground raised by the learned counsel for the appellants is that the deceased was working as a driver and he was earning Rs.4,000/- per month. But, the trial judge, without any basis, has considered the income of the deceased as Rs.1,500/-.
6. Having gone through the record, it reveals that though no document was filed to show that the deceased was working as a driver, the original driving license of the deceased was filed. Hence, this Court deems it appropriate to consider the income of the deceased as Rs.4,000/-.
7. Accordingly, taking the income of the deceased at Rs.4,000/, the annual income comes to Rs.48,000/- p.a.(4,000x12). 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 32 years, future prospects @ 40% has to be considered, which comes to Rs.67,200/-(48,000+19,200). Out of which, 1/4th has to be deducted towards his personal expenses, which comes to Rs.50,400/-(67,200-16,800). In view of the judgment of the 1 2017(6) ALD 170 (SC) 3 Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 2, as the deceased as aged about 32 years the appropriate multiplier would be '16'. Thus, loss of dependency comes to Rs.8,06,400/- (Rs.50,400x16). In addition, the appellants/claimants are entitled to Rs.2,00,000/- (40,000x5) towards consortium (5 dependants, Rs.40,000/- each). The appellants/claimants are also entitled to Rs.30,000/- towards conventional heads, loss of estate and funeral expenses. Thus, in total the claimants are entitled to Rs.10,36,400/- (8,06,400+2,00,000+30,000).
8. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed enhancing the compensation awarded by the Tribunal from Rs.2,13,500/- to Rs.10,36,400/-. 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.
2 2009(6) SCC 121 4 Miscellaneous applications, if any pending, shall stand closed.
__________________ K.SURENDER, J Date : 18.06.2024 ssy