Telangana High Court
R. Yesaiah vs G.Gopal Reddy on 4 November, 2024
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
M.A.C.M.A.No.1674 of 2009
JUDGMENT:
Aggrieved by the award dated 12.02.2007 in O.P.No.1285 of 2005 passed by the XVII Additional Chief Judge cum III Additional Metropolitan Sessions Judge at Hyderabad, (hereinafter referred to as, 'the Tribunal'), the appellants have filed this appeal under the provisions of 173 of Motor Vehicles Act seeking enhancement of compensation.
2. Heard Ms.Seema Yasmin, learned counsel, representing Sri C.Vikram Chandra, learned counsel for appellants, Sri Gadi Ramachandra Reddy, learned counsel appearing on behalf of respondent No.1 and Smt. S.A.V.Ratnam, learned counsel appearing on behalf of respondent No.2.
3. Brief facts of the case are:
On 16.4.2005 at about 3.00 PM when the deceased boy who is the son of the appellant No.1 was proceeding as pillion rider along with his father on motor cycle bearing No.AP 9 MG T/R 6164 from Shivanapur towards Singapuram and when the motor cycle reached ODF Factory of Kandhi road, the lorry bearing No. AP 23 V 5544 came from behind in a rash and negligent manner at high speed, lost control and dashed the motor cycle due to which the deceased boy, 2 appellant No.1 and rider of the motor cycle fell down and sustained grievous injuries. The deceased boy and rider died on the spot. Appellants are the parents of the deceased and filed O.P.No.1285 of 2005 claiming compensation amount of Rs.1,00,000/- together with interest and costs.
4. Learned counsel for appellants vehemently contended that the tribunal below come to a conclusion that appellants are entitled to total compensation an amount of @ Rs.2,25,000/-, however awarded only Rs.1,00,000/- on the ground that the claimants in OP claimed an amount of Rs.1,00,000/-, and the same is contrary to law.
5. Learned counsel further contended that the deceased is aged 10 years at the time of accident and as per the principle laid down in Kishan Gopal and another v. Lala and others 1, the Tribunal has to award an amount of Rs.30,000/- per annum as notional income including future prospects in place of Rs.15,000/- as specified in the second schedule of the M.V.Act, and also has to apply the multiplier as per the principle laid down in Sarla Varma v. Delhi Transport Corporation 2. Hence the appellants are entitled to an amount of Rs.4,50,000/- for loss of dependency and an amount of Rs.20,000/- 1 (2014) 1 SCC 244 2 2009 (6) SCC 121 3 towards loss of estate, an amount of Rs.88,000/- towards loss of parental consortium and Rs.50,000/- towards funeral expenses altogether Rs.6,08,000/-. However the tribunal below awarded only an amount of Rs.1,00,000/-.
6. Per contra, the learned counsel appearing on behalf of respondent No.2 submits that the appellants claimed an amount of Rs.1,00,000/- only and the Tribunal had rightly awarded the compensation.
7. Having considered the rival submissions made by respective parties and after perusal of the record, it reveals that it is undisputed fact that the deceased died due to the rash and negligent driving of the lorry bearing No.AP23 V 5544 on 16.04.2005. At the time of accident age of the deceased is 12 years. In Kishan Gopal (cited supra) the Hon'ble Apex Court held that the deceased income has to be taken at Rs.30,000/- per annum and the appropriate multiplier is applicable '15' which comes to Rs.30,000 x15=4,50,000/-. Hence, this Court is of the considered view that as per the principle laid down in the above judgment the claimants are entitled to an amount of Rs.4,50,000/- towards loss of dependency and Rs.50,000/- in respect of other heads such as loss of estate, funeral expenses, loss of consortium altogether comes to Rs.5,00,000/-. 4
8. Though the learned counsel for the appellants by relying upon the judgment of Hon'ble Apex Court in Anjali and others v. Lokendranath Rathod and others 3 submits that the claimants are entitled to an amount of Rs.88,000/- towards parental consortium. The said principle is not applicable to the facts and circumstances of the case on the ground in the said case the deceased is a major and in the case on hand the deceased is a minor boy.
9. For the foregoing reasons the appeal is allowed enhancing the compensation amount from Rs.1,00,000/- to Rs.5,00,000/- and the claimants are entitled interest at the rate of 7.5% per annum on enhanced compensation from the date of filing of petition till the date of deposit. Respondent No.1 and 2 are directed to deposit the enhanced compensation amount with accrued interest within a period of 2 months from the receipt of copy of this order. On such deposit, the claimants are entitled to withdraw the said amount without furnishing any security. It is needless to observe that appellants are directed to pay deficit Court fee, on enhanced compensation amount.
3 2022 SCC online SC 1683 5 Miscellaneous petitions, if any, pending in this petition shall stand closed.
______________________ J. SREENIVAS RAO, J Date: 04.11.2024 BV