Telangana High Court
Bollam Kousalaya And 4 Others vs M.Ramesh And 3 Others on 22 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.380 OF 2012
JUDGMENT:
1. The appellants-claimants filed this appeal on behalf of the deceased against the Order and Decree dated 07.05.2003 in O.P.No.605 of 1999 on the file of the Motor Accidents Claims Tribunal-Cum-The District Judge, Warangal, where under the Tribunal granted an amount of Rs.1,52,400/- towards compensation along with interest @ 9% per annum as against the claim of Rs.3,50,000/- on account of the death of the deceased occurred on 11.03.1999.
2. The manner of accident and the injuries sustained by the deceased and subsequently death are not in dispute. The appellants-claimants challenged the impugned award only on the quantum of compensation awarded by the Tribunal. Therefore, this Court is not inclined to go into other details other than the quantum of compensation.
3. Heard the learned counsel for the appellants-claimants and the learned counsel for respondent No.3-Insurance Company.
4. On 11.03.1999, while the deceased was travelling in a Tata Sumo, the offending vehicle at a high speed came in a rash and negligent manner dashed against the said vehicle, as a result of 2 which the said vehicle turned turtle, due to which the deceased died.
5. Learned counsel appearing for the claimants submits that the Tribunal has erred in considering the income of the deceased at Rs.900/-p.m. though it was claimed that the deceased was earning around Rs.3,500/-. He further submits that the Tribunal has not considered granting of 40% future prospects, as per the judgment of the Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay Sethi 1.
6. The Hon'ble Supreme Court in Ramachandrappa vs. The Manager, Royal Sundaram, Alliance Insurance Company Limited 2 held that income of a daily wage labour can be considered at Rs.4,500/- per month. In view of the said judgment, this Court is inclined to fix the income of the appellant at Rs.3,500/-p.m as claimed. Accordingly, the annual income comes to Rs.42,000/-. Further, in view of the judgment of the Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay Sethi 3, 40% has to be considered towards future prospects which comes to Rs.58,800/- (42,000+16,800). In view of the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi 1 2017(6) ALD 170 (SC) 2 (2011) 13 SCC 236 3 2017(6) ALD 170 (SC) 3 Transport Corporation 4, the appropriate multiplier would be '18'. When applied '18' multiplier, the amount comes to Rs.10,58,400/-(58,800x18). Out of the which 1/4th has to be deducted towards loss of dependency which comes to Rs.7,93,800/- (10,58,400-2,64,600). Apart from the same, the claimants are also entitled for Rs.15,000/- towards loss of estate, Rs.40,000/- towards loss of consortium and Rs.15,000/- funeral expenses. As per the judgment of the Hon'ble Supreme Court in Pranay Sethi's case, the amount quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. Accordingly the claimants are also entitled for addition of 20% amount which comes to Rs.14,000/-. Thus, the total amount of compensation comes to Rs.8,77,800/- (15,000+15,000+40,000+14,000).
7. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed enhancing the compensation awarded by the Tribunal from Rs.1,52,400/- to Rs.8,77,800/-. 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 compensation, on payment of deficit Court fee. Except the above enhancement, the award of the Tribunal shall remain same 4 2009(6) SCC 121 4 on all other aspects. Miscellaneous applications, if any pending, shall stand closed.
__________________ K.SURENDER, J Date : 22.03.2024 dv