Telangana High Court
Kasani Lakshmi vs S.Shankar on 20 November, 2024
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
M.A.C.M.A.No.2793 of 2009
JUDGMENT:
This appeal is preferred by the appellants/claimants aggrieved by the award passed by the Chairman, Motor Accidents Claims Tribunal (District Judge) at Nalgonda (for short, 'the Tribunal') in O.P.No.885 of 2006 dated 04.02.2009 seeking enhancement of the compensation.
2. Heard Smt. K.Rajitha, learned counsel for the appellants. No representation on behalf of respondent No.2-Insurance Company. Since the appeal is of the year 2009, this Court appointed Mr.A.Ramakkrishna Reddy, who is the panel advocate of respondent No.2, to appear on its behalf.
3. Brief facts of the case:
On 01.09.2006 while the deceased was travelling in a car bearing No.AP 09 BD T/R.9666 from Nagarjunasagar to Hyderabad and when the car reached near Polepally stage of Chinthapally Mandal, one Jeep bearing No.AP 29 T 1554 came in a rash and negligent manner at high speed and dashed the 2 said car from the opposite direction, as a result, the deceased sustained grievous injuries all over the body and died on the spot. The accident was reported with the police of Chinthapally, who have registered a case in Crime No.116 of 2006. The appellants have filed O.P.No.885 of 2006 under the provisions of the Motor Vehicles Act, 1988 against the respondents claiming compensation of Rs.13,00,000/- for the death of the deceased Kasani Nagamelleshwara Rao under various heads. The Tribunal after considering the oral and documentary evidence awarded an amount of Rs.8,25,500/-. Not satisfied with the same, the appellants filed the present appeal.
4. Learned counsel for the appellants vehemently contended that the deceased was working as Senior Executive in Sri Gowthami Academy of General and Technical Education, Hyderabad and he used to earn an amount of Rs.8,500/- per month towards salary and at the time of accident, the deceased was 33 years old. To prove the said factum, the appellants have filed salary certificate issued by the management and the 3 same was marked as Ex.A.5. However, the Tribunal without properly considering the said document merely because of the management not produced the record, the salary of the deceased was taken at Rs.6,000/- per month instead of Rs.8,500/-. He further contended that the Tribunal has not awarded future prospects and consortium and the appellants are entitled for enhancement of compensation.
5. Learned Standing Counsel for respondent No.2 Insurance Company submitted that the Tribunal rightly awarded an amount of Rs.8,25,500/- in favour of the appellants and they are not entitled for enhancement of compensation.
6. This Court considered the rival submissions made by the respective parties and perused the material available on record. It is an undisputed fact that the deceased died in an accident occurred due to rash and negligent driving of the driver of the jeep bearing No.AP 29 T 1554 on 01.09.2006. According to the appellants, the deceased was working as Senior Executive in Sri Gowthami Academy of General and Technical Education, Hyderabad and his salary is Rs.8,500/- per month. 4 To prove the said factum, the appellants have filed Ex.A.5 salary certificate and also examined PW.2 on their behalf. In such circumstances, the Tribunal ought to have considered the salary of the deceased at Rs.8,500/- per month.
7. Further, the Tribunal instead of deducting 1/4th, deducted 1/3rd, as there are five dependants. Hence the appellant is entitled to an amount of Rs.6,375/- (Rs.8,500/- x ¼) towards contribution of his family. The deceased was 33 years at the time of accident and the appropriate multiplier applicable is '15'. Thus, the loss of dependency comes to Rs.11,47,500/- (Rs.6,375/- x 12 x 15) per annum and 40% of the future prospects would come to Rs.4,59,000/-, then it comes to Rs.16,06,500/- (Rs.11,47,500/- + 4,59,000/-). The appellants are wife, children and parents of the deceased, under the head of filial consortium, they are entitled to Rs.48,400/- each, which comes to Rs.2,42,000/- and Rs.36,300/- towards funeral expenses and loss of estate. In all, it comes to Rs.18,84,800/-. In addition to the above said amount, the appellants are entitled to an amount Rs.10,000/- towards cost of litigation, as per the 5 principle laid down by the Hon'ble Apex Court in V.Mekala v. M.Malathi and another 1.
8. Hence, this Court is inclined to grant compensation under the following heads:
Amount awarded by Sl. Particulars this Court No.
i) Loss of dependency Rs. 16,06,500/-
ii) Consortium Rs. 2,42,000/-
iii) Loss of estate & Funeral expenses Rs. 36,300/-
v) Litigation charges Rs. 10,000/-
Total Rs. 18,94,800/-
9. In the result, the appeal is allowed enhancing the compensation amount awarded by the Tribunal from Rs.8,25,500/- to Rs.18,94,800/- (Rupees eighteen lakhs ninety four thousand eight hundred only) as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.1
2014 (5) ALD 42 (SC) 6
(b) The appellants/claimants shall pay the deficit court fee.
(c) The respondents are directed to deposit the enhanced compensation amount within a period of two (2) months from the date of receipt of a copy of the judgment.
(d) On such deposit, the appellants/claimants are entitled to withdraw their proportionate share of compensation as per the terms of the award without furnishing any security.
Miscellaneous applications, pending if any, shall stand closed.
______________________ J.SREENIVAS RAO, J Date: 20.11.2024 mar