Telangana High Court
M. Salamma And 5 Others vs B. Yadaiah And Another on 13 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.400 OF 2012
JUDGMENT:
This appeal is filed by the appellants-claimants aggrieved by the order, dated 06.03.2006 in O.P.No.1133 of 2003 passed by the I-Additional Metropolitan Sessions Judge, Hyderabad- cum-XV Additional chief Judge, Hyderabad(for short, the Tribunal) granting compensation of Rs.1,40,000/-, as agianst the claim of Rs.3,00,000/-.
2. Brief facts of the case are that while the deceased along with another were going on bicycle from Mall village towards Chintapatla village, the crime vehicle which is Commander Jeep bearing No.AP-11W-5762 came from behind at high speed in rash and negligent manner and hit the deceased, resulting in death.
3. The manner in which the accident had taken place and other details are not disputed by either of the parties, for which, this Court is not inclined to delve into the said aspects. 2
4. However, coming into the income part, it was claimed that the deceased was earning Rs.4,000/- per month, but the Tribunal had considered only Rs.15,000/- as notional income per annum. The Post Mortem Report reflects the age of the deceased as 40 years, however, keeping in view the age of the first claimant/wife being 48 years, the Tribunal considered the age of the deceased between 50 to 55 years. However, this Court is inclined to considered the age of the deceased as 50 years in the present facts of the case.
5. Insofar as the deduction towards personal and living expenses is concerned, the deceased was married and survived by first wife, second wife and four children, then total dependents are six. As per the decision of Hon'ble Supreme Court in Sarla Verma and others vs. Delhi Transport Corporation and another 1, the standard deduction towards personal and living expenses of the deceased should be one- fourth, where the number of dependent family members is 4 to
6. In the present case, total dependents of the deceased are five. Therefore, as per the decision of the Hon'ble Apex Court in Sarla 1 (2009) 6 SCC 121 3 Verma (supra), the deduction towards personal and living expenses of the deceased has to be one-fourth (1/4th).
6. In National Insurance Company Limited vs. Pranay Sethi and others 2, the Hon'ble Apex Court at paragraph 59.4 held that in case the deceased was employed or on a fixed salary, an additional 25% of income should be awarded towards future prospects, where the deceased age was between 40 to 50 years. Since the age of deceased at the time of the accident was 50 years, 25% of monthly income of the deceased can be taken towards future prospects.
7. With regard to the multiplier, as per the decision of Hon'ble Supreme Court in Sarla Verma (supra), the multiplier is '13' for the age groups of 46 to 50. The age of the deceased as on the date of the accident was 50 years.
8. The Hon'ble Supreme Court very recently in the case of Anjali and others vs Lokendra Rathod and others 3, decided on 06.12.2022, taking into consideration the decision of Sarala Verma (supra) and also the case of Pranay Sethi (supra) has 2 (2017) 16 SCC 680 3 2023(1) ALD 107(SC) 4 awarded a sum of Rs.44,000/- towards loss of consortium. The said enhancement and revision at 10% every 3 years has been done taking into consideration, raise in the cost of expenses and cost of living that has arisen during the intervening period from the date of decisions of Sarla Verma and Pranay Sethi.
9. In view of the above discussion, the compensation amount is calculated as under:
Sl.No. Head Compensation awarded
1 Income Rs.48,000/- per annum (Rs.4,000/-
per month)
2 Future prospects Rs.12,000/- (25% of income)
3 Total income Rs.60,000/-
2 Deduction towards personal Rs.15,000/- (i.e., 1/4th of total
expenses income )
3 Net Income Rs.45,000/- (i.e., Rs.60,000/- (-)
Rs.15,000/-)
4 Multiplier 13
5 Loss of dependency Rs.5,85,000/- (i.e., Rs.45,000/- x
13)
6 Consortium (Rs.44,000/- x 5) Rs. 2,20,000/-
7 Funeral expenses Rs. 15,000/-
8 Loss of estate Rs. 15,000/-
Total compensation to be paid: Rs.8,35,000/-
5
10. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed, enhancing the compensation amount awarded by the Tribunal from Rs.1,40,000/- to Rs.8,35,000/-. The enhanced amount shall be deposited by the respondent Nos. 1 and 2 jointly and severally within a period of two (2) months from the date of receipt of a copy of this order. The enhanced compensation amount shall carry interest @ 7.5% per annum from the date of claim petition till realization. The claimants are entitled to the apportionment of the amount as directed by the Tribunal. Since, it is informed that the 2nd claimant who is the second wife of the deceased died, her apportioned amount by the Tribunal shall be distributed equally amongst the five other claimants. On such deposit, claimants are permitted to withdraw the amount without furnishing any security. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed. No costs.
______________ K.SURENDER Date: 13.03.2024 ktm/da