Telangana High Court
Smt. Saraswathi , Saraswathamma, ... vs V. Anjaneyulu, Rr Dist And Ano on 13 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.1173 OF 2013
JUDGMENT:
The appellant who is mother of the deceased filed this appeal being not satisfied with the compensation granted by the I Additional District Judge, Ranga Reddy District at L.B.Nagar, Hyderabad(for short, the Tribunal) order dated 22.02.2013, passed in O.P.No.485 of 2009.
2. Appellant claimed compensation of Rs.9,00,000/- on account of death of her son. According to her case, while the deceased was going on motorcycle along with pillion rider from Madinaguda towards Kukatpally, one Tractor bearing No.AP-37- AB-6966 came in a rash and negligent manner and hit the motorcycle at high speed, resulting in the instantaneous death of appellant's son.
3. The manner in which the accident had taken place and other aspects are not disputed by either of the parties. 2
4. However, learned counsel for the appellant submits that the income of the deceased had to be considered at Rs.6,000/- per month, but the Tribunal had considered only Rs.5,000/-, though salary certificate was filed. Further, he submits that the appropriate multiplier would be '18', keeping in view the age of the deceased, but the Tribunal had considered the multiplier '11' taking into consideration the age of the mother.
5. Considering Ex.A6, which is a salary certificate issued by PW-3/employer, the income of the deceased can be considered at Rs.6,000/- per month. Future prospects can be considered at 40% and since the deceased was bachelor, 50% income has to be considered.
6. In so far as the deduction towards personal and living expenses is concerned, the deceased was bachelor. 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 who is a bachelor should be 50%.
1 (2009) 6 SCC 121 3
7. 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 40% of income should be awarded towards future prospects, where the deceased age was below 40 years. Since the age of deceased at the time of the accident was 25 years, 40% of monthly income of the deceased can be taken towards future prospects.
8. With regard to the multiplier, as per the decision of Hon'ble Supreme Court in Sarla Verma (supra), the multiplier is '18' for the age groups of 21 to 25. The age of the deceased as on the date of the accident was 25 years.
9. 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 awarded a sum of Rs.44,000/- towards loss of consortium. The 2 (2017) 16 SCC 680 3 2023(1) ALD 107(SC) 4 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.
10. In view of the above discussion, the compensation amount is calculated as under:
Sl.No. Head Compensation awarded
1 Income Rs.72,000/- per annum (Rs.6,000/-
per month)
2 Future prospects Rs.28,800/- (40% of income)
3 Total income Rs.1,00,800/-
2 Deduction towards personal Rs.50,400/- (i.e., 50% of total
expenses income )
3 Net Income Rs.50,400/- (i.e., Rs.1,00,800/- (-)
Rs.50,400/-)
4 Multiplier 18
5 Loss of dependency Rs.9,07,200/- (i.e., Rs.1,00,800/- x
18)
6 Consortium (Rs.44,000/- x1) Rs. 44,000/-
7 Funeral expenses Rs. 15,000/-
8 Loss of estate Rs. 15,000/-
Total compensation to be Rs.9,81,200/-
paid:
5
11. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed, enhancing the compensation amount awarded by the Tribunal from Rs.4,65,000/- to Rs.9,81,200/-. 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. On such deposit, claimant is 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