Telangana High Court
B. Ranganna vs M/S. S.V. Products Pvt. Ltd., And ... on 22 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.3271 OF 2012
JUDMENT:
1. This appeal is filed by the appellant against the Order and
Decree dated 11.05.2012 in O.P.No.2404 of 2008 on the file of the
Motor Accident Claims Tribunal-Cum-XVI Additional Chief Judge-
Cum-II Additional Metropolitan Sessions Judge, Hyderabad, where
under the Tribunal granted an amount of Rs.2,14,870/- towards
compensation along with interest @ 7.5% per annum as against
the claim of Rs.5,00,000/- on account of the injuries received in
the motor vehicle accident occurred on 13.09.2008.
2. The manner of accident and the injuries sustained by the
appellant-claimant are not in dispute and the appellant-claimant
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 appellant-claimant and
the learned counsel for respondent No.2-Insurance Company.
4. On 13.09.2008, while the claimant was going on a two wheeler i.e. Hero Honda Splendor Plus along with his friend, a DCM van with high speed came in a rash and negligent manner 2 and dashed the motorcycle from behind, resulting in multiple grievous injuries to the appellant.
6. Learned counsel appearing for the claimant submits that the Tribunal has erred in considering the income of the claimant at Rs.3,000/-p.m. though it was claimed that the claimant was earning around Rs.7,000/-. 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.
7. 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.5,000/-p.m notionally. Accordingly, the annual income comes to Rs.60,000/-. 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.84,000/- (60,000+24,000). 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 '17'. When applied '17' multiplier, the amount comes to Rs.14,28,200/-(84,000x17). Taking into consideration, 30% disability, the amount comes to Rs.4,28,460/-. Apart from the same, the appellant is entitled for an amount of Rs.20,000/- towards extra nourishment and Rs.10,000/- towards income during treatment period.
8. Accordingly, this Court deems it appropriate to enhance the compensation as follows.
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Disability Rs.1,72,800/- Rs.4,28,460/-
(Income @ Rs.3,000/- (Income @ Rs.5,000 and
and disability at 30%) disability at 30%)
02. Medical Rs.16,070/- Rs.16,070/-
expenditure
03. Transport Rs.3,000/ - Rs.3,000/-
04. Pain and suffering Rs.20,000/- Rs.20,000/-
05. Attendant charges Rs.3,000/- Rs.10,000/-
06. Loss of earnings /- Rs.10,000/-
07. Extra nourishment /- Rs.20,000/-
Rs.2,18,470/- Rs.5,07,530/-
TOTAL
9. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed enhancing the compensation awarded by the Tribunal from Rs.2,14,870/- to Rs.5,07,530/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization. The appellant is permitted to withdraw the 4 2009(6) SCC 121 4 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. Miscellaneous applications, if any pending, shall stand closed.
__________________ K.SURENDER, J Date : 22.03.2024 dv