Telangana High Court
Smt J. Nagamani 3 Ors vs Sri P. Ganga Prasad Anr on 14 December, 2021
Bench: G Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1111 of 2007
JUDGMENT :
This appeal is filed by the claimant, aggrieved of the order and
decree dated 01.11.2006 in O.P.No.1251 of 2004 on the file of Motor
Accident Claims Tribunal-cum-District Judge, Nizamabad.
2. On 08.09.2003, due to the rash and negligent driving of Auto
bearing No.AP-25-U-4149 by its driver, it dashed against a road side
stone, due to which, the deceased, who was travelling in the said
Auto, sustained severe injuries and succumbed to the same while
undergoing treatment.
3. The Tribunal, on examining the oral evidence of PWs.1 and 2
and RW-1 and documentary evidence in Exs.A-1 to A-9 and B-1 to
B-7, allowed the O.P., awarding a total compensation of Rs.4,52,000/-
along with costs and interest @ 7.5% per annum from the date of
petition till the date of realization, to be deposited within one month
from the date of said order. 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 has
contended that the Tribunal has awarded very less compensation
without considering the evidence on record in proper perspective. It is
GSD, J
MACMA.No.1111 of 2007
contended that the Tribunal has erroneously taken the income of the
deceased as Rs.3,000/- per month, whereas, the actual income of the
deceased was Rs.20,000/- by doing agriculture and business. It is
further contended that the Tribunal has not awarded any consortium
amount, which is against the judgments of the Hon'ble Apex Court.
Accordingly, prayed for enhancement of compensation.
6. On a perusal of the material on record and the order and decree
of the Tribunal, I am of the considered view that the Tribunal has not
evaluated the oral and documentary evidence on record in proper
perspective and erred in taking the income of the appellant @
Rs.3,000/- per month, instead of Rs.4,500/-.
7. Thus, taking the earnings of deceased at Rs.4,500/- per month
and future prospects at Rs.1,800/- per month, total earnings per month
would be Rs.6,300/-. After deducting 25% towards personal and
living expenses of deceased, the net earnings would be Rs.4,725/- per
month, which comes to Rs.56,700/-. Applying the multiplier '17', the
loss of dependency comes to Rs.9,63,900/-.
8. In the facts and circumstances of the case, this Court feels that
the appellant is entitled to the following amount towards
compensation under various heads:
GSD, J
MACMA.No.1111 of 2007
Sl. Name of Head Awarded by Awarded by this
Tribunal Court
No. Rs. Ps. Rs. Ps.
1. Loss of earnings due to 4,32,000.00 9,63,900.00
disability
2. Loss of love and affection 15,000.00 40,000.00
and consortium to
Claimant No.1/wife of
deceased.
3. Loss of love and affection 50,000.00
to Claimant Nos.2 and
3/children of deceased --
Filial consortium to 40,000.00
4. Claimant No.4/mother of --
deceased.
5. Loss of Estate -- 15,000.--
6. Transportation and 5,000.00 15,000.00
funeral expenses
TOTAL 4,52,000.00 Rs.11,23,900.00
9. In the result, the M.A.C.M.A. is partly allowed by enhancing
the compensation amount awarded by the Tribunal from Rs.4,52,000/-
to Rs.11,23,900/-. The enhanced amount will carry interest at 7.5%
p.a. from the date of order passed by the Tribunal i.e. 01.11.2006 till
the date of realization, payable by respondents 1 and 2 jointly and
severally. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
____________________
JUSTICE G.SRI DEVI
Date: 14.12.2021
ajr
