Telangana High Court
Shaik Ha Leema Begum vs Md. Usman on 20 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.2813 OF 2008
COMMON JUDMENT:
1. This appeal is filed by the appellants-claimants on behalf of
the deceased against the Order and Decree dated 05.01.2004 in
O.P.No.152 of 2001 on the file of the Motor Accident Claims
Tribunal (District Judge) at Karimnagar, whereunder the Tribunal
granted an amount of Rs.75,000/- towards compensation along with
interest @ 9% per annum as against the claim of Rs.2,00,000/- on
account of the death of the deceased in the motor vehicle accident
occurred on 06.11.2000.
2. Heard learned counsel for the claimants and learned counsel
for the respondent-Insurance Company and perused the record.
3. The case of the claimants, who are the wife and sons of the deceased is that on 06.11.2000 at 11.00 a.m, while the deceased and the 1st claimant were crossing the road at Khadergudem bus stage, the tanker bearing No.AP 1 U 900 driven by the 1st respondent with high speed, rash and negligently and dashed the deceased, due to which, he sustained fatal head injury and died on the spot. The Tribunal having considered the evidence placed on record 2 concluded that the compensation that can be awarded would be Rs.75,000/- under different heads.
5. The accident and liability is not disputed by the learned counsel for the Insurance Company.
6. It was claimed that the deceased was butcher and was earning Rs.6,000/- per month. The Tribunal found that no proof was filed and accordingly estimated the income as Rs.2,000/- per month. Learned counsel for the Insurance Company would submit that in case of Meenadevi Vs Nunu Chand Mahto @ Nemchand Mahto and others 1, the compensation to a minor girl is confined to Rs.5,00,000/- and the same parameter may be applied in the present case also.
6. On the other hand, learned counsel appearing for the claimants would submit that the child was meritorious student and she was awarded with several certificates, which certificates are placed as Exs.A12 to A18. In the background of child being a meritorious student, the Hon'ble Supreme Court in the Judgments reported in Kajal Vs Jagdish Chand and others 2 and Divya Vs 1 CIVIL APPEAL NO. 7255 OF 2022 (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.5345 OF 2019) 2 (2020) 4 Supreme Court Cases 413 3 National Insurance Company Limited and another 3 held that in case of meritorious student, the Court has to accordingly consider while granting compensation keeping in view the meritorious status of the child.
7. The Tribunal had considered the notional income of the child, who is a non-earning member at Rs.15,000/- per annum. While considering the compensation in respect of minors, the Hon'ble Supreme Court in case of Meenadevi's case (stated supra) in Civil Appeal No.7255 of 2022 (Arising out of Special Leave Petition (Civil) No.5345 of 2019 had taken notional income of a 12 year old child at Rs.30,000/- including the future prospect and applied the multiplier '15' and granted the loss of dependency at Rs.4,50,000/- considering the earlier Judgments of the Hon'ble Supreme Court in case of Kurvan Ansari @ Kurvan Ali and another vs. Shyam Kishore Murmu and another [(2022) 1 SCC 317] and Kishan Gopal and another vs. Lala and others [(2014) 1 SCC 244].
8. As regards the consortium to be paid, the claimants are entitled to Rs.88,000/- (44,000x2) towards consortium as decided by the Hon'ble Supreme Court in case of National Insurance Co. Ltd. 3 2022 SCC Online SC 1488 4 Vs. Pranay Sethi 4. With regard to the funeral expenses and loss of estate, the claimants are entitled for Rs.33,000/-.
9. The Tribunal has granted an amount of Rs.5,25,000/- towards medical expenses as per the medical bills produced by the claimants and this Court is not inclined to interfere with the said finding.
10. Therefore, the claimants are eligible for the compensation as below:
Sl.No. Head Compensation
awarded
1. Loss of dependency Rs.4,50,000
2. Medical expenses Rs.5,25,000
3. Funeral expenses and Loss of Rs.33,000 Estate
4. Loss of filial consortium Rs.88,000 for 1st and 2nd claimants Total compensation awarded Rs.10,96,000/-
11. In the result, the MACMA No.2606 of 2013 of the Insurance Company is dismissed. However, the MACMA No.2827 of 2014 of the claimants is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.9,60,000/-/- to Rs.10,96,000/- as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.
4 2017 (6) 170 (SC) 5
(b) The insurance company shall deposit the amount within a period of (8) weeks from the date of receipt of copy of judgment. On such deposit, claimant is permitted to withdraw entire amount without furnishing any security. Pending miscellaneous petitions, if any, shall stand closed.
_________________ K.SURENDER, J Date: 14.03.2024 mmr