Telangana High Court
Mohammad Basheeruddin And Another vs The Depot Manager, Apsrtc, And Another on 20 November, 2024
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
M.A.C.M.A.No.960 of 2009
JUDGMENT:
The appellants, who are father and mother of the deceased, have filed this appeal against the Order and Decree dated 10.12.2008 in O.P.No.433 of 2007 passed by the Chairman, Motor Accidents Claims Tribunal (VIII Additional District Judge), Nizamabad, whereunder the tribunal has granted an amount of Rs.1,42,000/- towards compensation along with interest @ 7.5% per annum as against the claim of Rs.5,00,000/- on account of the death of the deceased in the accident occurred on 25.04.2007.
2. Heard Sri Y.S.Yella Nand Gupta, learned counsel for the appellants.
3. Inspite of service of notice, respondent No.2 has not chosen to enter appearance.
4. Brief facts of the case:
4.1. On 25.04.2007, the deceased was driving his auto rickshaw bearing No.AP 25U 701 and at about 11:00 a.m., he stopped the auto on left side of the road in front of perkit bus stand and in JSR, J 2 MACMA_960_2009 the meanwhile, a bus bearing No.AP 11Z 2829 came at high speed and hit the auto from behind. As a result, the auto fell down and the bus ran over the deceased and he died on the spot.
5. Submissions of learned counsel for the appellants:
5.1. Learned counsel for the appellants vehemently contended that due to rash and negligent driving of the driver of the bus, the accident was taken place and at the time of accident, the deceased was aged about 23 years and used to earn an amount of Rs.10,000/- per month, by owning and running auto rickshaw. He further contended that the tribunal has not awarded any amount towards funeral expenses, loss of estate and consortium. However, the tribunal has awarded meager amount of Rs.1,42,000/- towards compensation. He further submits that the Hon'ble Apex Court in case of Ramachandrappa Vs. Manager, Royal Sundaram Alliance 1 has considered the monthly income of the daily wage labourer at Rs.4,500/- without there being any evidence. In such circumstances, the tribunal ought to have considered the income of the deceased as Rs.4,500/-.
1
(2011) 13 SCC 236 JSR, J 3 MACMA_960_2009
6. Analysis of the case:
6.1. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it is undisputed fact that due to rash and negligent driving of the driver of the bus, the deceased died. Though the deceased used to earn an amount of Rs.10,000/- per month, the tribunal has granted an amount of Rs.3,500/- per month, on the ground that the appellants have not produced any evidence about the income of the deceased.
6.2. In such circumstances, as per the law laid down by the Hon'ble Apex Court in Ramachandrappa's case, this Court is inclined to consider the income of the deceased as Rs.4,500/-
per month. Though the age of the deceased is mentioned as 23 years, as per Ex.A5, i.e., original driving license issued by the competent authority, the date of birth of the deceased was mentioned as 20.03.1978. Hence, the age of the deceased is taken as 29 years. As per the law laid down in "Sarla Verma v. Delhi Transport Corporation 2, the appropriate multiplier would be '17'. Thus, loss of dependency comes to Rs.9,18,000/- (Rs.4,500/- x 12 x 17). As the dependants are two members, 2 (2009) 6 SCC 121 JSR, J 4 MACMA_960_2009 1/3rd of the income shall be deducted towards personal expenditure of the deceased. Thus, the annual contribution of the deceased to the appellants would be of Rs.6,12,000/- (Rs.9,18,000-Rs.3,06,000).
6.3. As per the law laid by the Hon'ble Apex Court in Magma General Insurance Company Limited v. Nanu Ram @ Chuhru Ram and others 3, as there are two appellants, they are entitled to Rs.44,000/- each towards loss of consortium, which would come to Rs.88,000/- (Rs.44,000 x2). As the Tribunal has not granted any amount towards funeral expenses and loss of estate, this Court is inclined to grant Rs.33,000/- towards funeral expenses and loss of estate. As per the judgment of the Hon'ble Apex Court in V.Mekala v. Malathi and another 4 the appellants are entitled for an amount of Rs.10,000/- toward cost of litigation. Accordingly, the appellants are granted total compensation amount of Rs.7,43,000/- (Rs.6,12,000+ Rs.88,000+Rs.33,000+ Rs.10,000).
7. In the result, the M.A.C.M.A is allowed, enhancing the compensation amount granted by the tribunal to the appellants 3 (2018) 18 SCC 130 4 2014 (5) ALD 42 (SC) JSR, J 5 MACMA_960_2009 from Rs.1,42,000/- to Rs.7,43,000/-(Rupees seven lakhs forty three thousand only). The enhanced compensation amount shall carry interest @ 7.5% per annum from the date of claim petition till realization. The enhanced amount shall be deposited by respondent Nos.1 and 2 jointly and severally within a period of two (2) months from the date of receipt of a copy of the judgment. The appellants are entitled to the apportionment of the amount as directed by the Tribunal. On such deposit, the appellants are permitted to withdraw the amount without furnishing any security. However, the appellants are directed to pay the deficit court fee on the enhanced amount. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_______________________ J. SREENIVAS RAO, J Date: 20.11.2024 vsl