United India Insurance Company ... vs Marka Amruthamma And 2 Others
2021 Latest Caselaw 4345 Tel

                THE HON'BLE JUSTICE G. SRI DEVI

                    M.A.C.M.A. No. 2616 of 2006

JUDGMENT:

This appeal is preferred by the appellant-United Insurance

Company Limited, against the Award of the Motor Vehicles

Accidents Claims Tribunal (I Additional District Judge) at Warangal

in M.V.O.P.No. 26 of 2004, dated 13.07.2008 on the grounds that

the Tribunal ought not to have taken the monthly income of the

deceased at Rs.4,000/-, when her actual income is only Rs.1,200/-

per month; that considering the age of the deceased, the multiplier

'15' applied by the Tribunal is erroneous; that the Tribunal ought

to have seen that the deceased being a female, she cannot

contribute anything to her parents after her marriage.

2. The Award under challenge shows that the Tribunal

considered the evidence on the aspect of the salary under issue

No.2. The learned Tribunal, taking into consideration the fact that

the deceased was working as Teacher and getting a stipend of

Rs.1,200/- per month, has rightly estimated the income of the

deceased at Rs.4,000/- per month duly taking into consideration

the future prospects. The contention of the learned Standing

Counsel for the appellant that the deceased being female, cannot

contribute anything to her parents after her marriage, would not

be a consideration either for reducing or refusing the

compensation.

3. The case of the claimants before the tribunal below was that

the deceased was working as a Teacher and earning Rs.1,200/- per

month towards stipend at the relevant point of time. As rightly

observed by the Tribunal, the deceased, after completion of two

years of her service, would have been entitled to draw more than

Rs.4,000/-, which cannot be said to be unreasonable. Even the

multiplier '15' applied by the learned Tribunal, considering the age

of the deceased as 21 years, who was unmarried by the time of

accident, cannot be said to be excessive. In fact, the learned

Tribunal has taken into consideration the future prospects of the

deceased only for two years.

4. In view of the aforementioned reasons, this Court does not

find any reason to interfere with the Award of the learned Tribunal

and the M.A.C.M.A. is liable to be dismissed.

5. The appeal is devoid of merits and the same is accordingly

dismissed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

______________________ JUSTICE G. SRI DEVI December 15, 2021 tsr

THE HON'BLE JUSTICE G. SRI DEVI

M.A.C.M.A. No. 2616 of 2006

DATE: 15-12-2021