Andhra Pradesh High Court - Amravati
The New India Assurance Company Limited vs Gudditi Lakshmi Rajeswari 5 Others on 20 June, 2024
APHC010183502013
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3368]
(Special Original Jurisdiction)
THURSDAY ,THE TWENTIETH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 948/2013
Between:
The New India Assurance Company Limited ...APPELLANT
AND
Gudditi Lakshmi Rajeswari 5 Others and Others ...RESPONDENT(S)
Counsel for the Appellant:
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. INENI VENKATA PRASAD
The Court made the following:
BVLNC,J MACMA: 948 of 2013
Dt: 20.06.2024
HON'BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
M.A.C.M.A.No.948 OF 2013
J U D G M E N T:
Heard Ms.Mandava Abhigna, learned counsel representing Sri
Javvaji Sarath Chandra, learned counsel for the appellant/Insurance
Company appeared through virtual mode and Sri Ineni Venkata Prasad,
learned counsel for the respondents/claimants.
2. This an appeal is filed by the appellant/Insurance Company
against order and decree dated 30.10.2012 in M.V.O.P.No.261 of 2012
on the file of VI Additional District Judge, Ananthapuram at Gooty.
3. In an application filed under Section 163-A of Motor Vehicles Act
by the claimants for awarding compensation for the death of Sri Gudditi
Ramanjaneyulu (hereinafter referred to as 'deceased') in a motor vehicle
accident occurred on 19.03.2012. The learned Tribunal awarded a sum
of Rs.6,00,000/- with interest @ 7.5% per annum towards compensation.
4. The parties are arrayed as parties before the learned Tribunal for
the sake of convenience.
BVLNC,J MACMA: 948 of 2013
Dt: 20.06.2024
5. The case of the claimants is that the deceased died in a road
accident occurred on 19.03.2012 at about 08.30 p.m. near Pennappa
Temple under the jurisdiction of Pamidi P.S., Ananthapuram District: the
deceased was working as an agricultural labour, earning Rs.3,000/- per
month: the claimants are the wife, two minor children and parents of the
deceased; hence, they filed application under Section 163-A against the
appellant/Insurance Company and owner of the crime vehicle for
compensation.
6. The learned Tribunal on consideration of the evidence placed
before the Tribunal, fixed the monthly income of the deceased as an
agriculture labour at Rs.3,000/- per month. The learned Tribunal
considering the age of the deceased as 36 years, applied the multiplier
'16' as per the Schedule-II. The learned Tribunal arrived the
compensation amount of Rs.5,76,000/-, apart from the said amount the
Tribunal has awarded Rs.50,000/- towards loss of love and affection,
Rs.20,000/- towards loss of consortium, the tribunal also awarded
Rs.20,000/- towards funeral expenses. Therefore the tribunal in all
arrived the amount at Rs.6,66,000/- as the compensation amount
entitled by the claimants, but restricted the same to Rs.6,00,000/- only,
as the claim petition was filed for Rs.6,00,000/- only.
BVLNC,J MACMA: 948 of 2013
Dt: 20.06.2024
7. The main contention of the appellant is that the learned Tribunal
failed to follow Schedule-II of the M.V.Act 1988, though the application
was filed under Section 163-A of the said Act seeking compensation.
8. The further contention of the learned counsel for the
appellant/Insurance Company is that the Tribunal failed to deduct 1/3 rd
amount towards personal expenses of the deceased as per Schedule-II.
9. The Schedule-II of the Motor Vehicles Act 1988, says that the loss
of dependency so arrived at in the case of fatal accident claim shall be
reduced by 1/3rd in consideration of the personal expenses, which the
victim would have incurred towards maintaining himself had he been
alive.
10. Therefore, the learned Tribunal ought to have deducted 1/3rd
amount towards personal expenses of the deceased. Therefore, if 1/3rd
amount is deducted, the loss of dependency amount entitled by the
claimants will come to Rs.5,76,000 - 1,92,000 = Rs.3,84,000/-.
11. As per the Schedule-II of the Motor Vehicles Act 1988, the
claimants are entitled to Rs.2,000/- towards funeral expenses,
Rs.5,000/- only towards loss of consortium and Rs.2,500/- towards loss
BVLNC,J MACMA: 948 of 2013
Dt: 20.06.2024
of estate i.e., total Rs.9,500/-. Hence, the claimants in all are entitled to
Rs.3,84,000 + 9,500 = Rs.3,93,500/- only towards compensation under
Section 163-A of the M.V. Act, instead of Rs.6,00,000/- awarded by the
learned Tribunal.
12. The claimants are entitled to interest on the compensation amount
of Rs.3,93,500/- as per Section 171 of the MV Act. The learned Tribunal
has awarded interest @ 7.5% per annum on the compensation amount.
In view of the Hon'ble Apex Court judgement in the case of National
Insurance Company Limited Vs. Mannat Johal1, there are no grounds
to interfere with the rate of interest awarded by the learned Tribunal,
considering the facts and circumstances of the case.
13. In the result, the appeal is allowed partly, holding that the
claimants are entitled to Rs.3,93,500/- (Rupees Three Lakhs, Ninety
Three Thousand and Five Hundred only), with interest at 7.5% from the
date of petition, till the date of realization, instead of Rs.6,00,000/-
awarded by the learned Tribunal. The respondents No.1 and 2 are
jointly and severally liable to pay the compensation amount to the
claimants. There shall be no order as to costs.
2019 ACJ 1849 (SC)
BVLNC,J MACMA: 948 of 2013
Dt: 20.06.2024
14. The appellant/Insurance Company is directed to deposit the
compensation amount of Rs.3,93,500/- (Rupees Three Lakhs, Ninety
Three Thousand and Five Hundred only), along with accrued interest
thereon, within eight (08) weeks from the date of judgment. In the event
of the appellant/Insurance Company had already deposited some
amount, the said amount be excluded, and the balance amount shall be
deposited within eight (08) weeks from the date of judgment.
15. On such deposit, the 1st claimant being the wife of the deceased is
entitled to an amount of Rs.1,50,000/- (Rupees One Lakh and Fifty
Thousand only), and she is permitted to withdraw the said amount along
with accrued interest thereon.
16. The claimants No.4 and 5 being the mother and father of the
deceased are entitled to an amount of Rs.46,750/- (Rupees Forty Six
Thousand Seven Hundred and Fifty only) each, and they are permitted
to withdraw their respective share amount along with accrued interest
thereon.
17. The claimants No.2 and 3 being the minor children of the
deceased are entitled to an amount of Rs.75,000/- (Rupees Seventy
Five Thousand only) each, and the said compensation amount shall be
BVLNC,J MACMA: 948 of 2013
Dt: 20.06.2024
deposited in any nationalised bank till they attain the age of majority, and
after attaining the age of majority, they are permitted to withdraw their
respective share amount along with accrued interest thereon.
As a sequel, miscellaneous applications pending, if any, shall
stand closed.
_______________________________
JUSTICE B.V.L.N. CHAKRAVARTHI
Date: 20.06.2024
Pmk
BVLNC,J MACMA: 948 of 2013
Dt: 20.06.2024
HON'BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI
M.A.C.M.A.No.948 OF 2013
20th June, 2024
Pmk
