B.G. Tilak And 2 Others vs V. Chandraiah And Another
2021 Latest Caselaw 4326 Tel

           THE HONOURABLE JUSTICE G. SRI DEVI

                     M.A.C.M.A. No.1684 of 2007

JUDGMENT :

This appeal is filed by the Claimant, aggrieved of the order and

decree dated 14.02.2007 in O.P.No.1454 of 2004 on the file of Motor

Accident Claims Tribunal-cum-XXI-Additional Chief Judge,

Nampally, Hyderabad.

2. On 25.11.2003, due to the rash and negligent driving of

Container Lorry bearing No.AP-11-T-8293 by its driver, it dashed

against the motorcycle of deceased, killing him on the spot.

3. The Tribunal, on examining the oral evidence of PWs.1 to 3

and documentary evidence in Exs.A-1 to A-16 and B-1, allowed the

O.P., awarding a total compensation of Rs.2,79,000/- along with costs

and interest @ 7.5% per annum from the date of petition till the date

of realization. Seeking enhancement of compensation, the appellants-

claimants have filed this appeal.

4. Heard both sides and perused the record.

5. The learned Counsel for the appellants-Claimants contended

that the Tribunal has failed to consider the evidence adduced on

behalf of the claimants in proper perspective. It is contended that the

deceased has passed B.Sc. and thereafter, he completed Diploma in

Software Engineering, Advanced Diploma in Software Technology,

Diploma in Hardware Maintenance etc., and admittedly, as per the

GSD, J MACMA.No.1684 of 2007

evidence of PW-3, the deceased was working in Hewlett Packard,

Global Delivery Industries, Bangalore at the time of the accident. He

might have been earning at least Rs.10,000/- per month. As the

deceased was unmarried at the time of accident, after deducting 50%

towards his personal and living expenses, his net contribution of

family would be Rs.5,000/- per month and Rs.60,000/- per annum.

Applying the appropriate multiplier '17' the total loss of future

income/dependency comes to Rs.60,000/- x 17 = Rs.10,20,000/-.

6. Thus, this Court feels that the appellants are entitled to the

following amount towards compensation under various heads:

Sl.    Name of Head                 Awarded      by Awarded by this
No.                                 Tribunal        Court
                                    Rs.         Ps. Rs.       Ps.

1.     Loss of earnings                 2,34,000.00      10,20,000.00



2.     Loss of love and affection        30,000.00          80,000.00

3.     Loss of Estate                    10,000.00          15,000.00

4.     Funeral expenses                   5,000.00          15,000.00


             TOTAL                      2,79,000.00 Rs.11,30,000.00

7. In the result, the M.A.C.M.A. is allowed by enhancing the

compensation amount awarded by the Tribunal from Rs.2,79,000/- to

Rs.11,30,000/-. The enhanced amount will carry interest at 7.5% p.a.

from the date of order passed by the Tribunal i.e. 14.02.2007 till the

date of realization, payable by respondents 1 and 2 jointly and

GSD, J MACMA.No.1684 of 2007

severally. The amount of compensation shall be apportioned amongst

the claimants in the ratio as ordered by the Tribunal. There shall be

no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________ JUSTICE G.SRI DEVI Date: 14.12.2021

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