Cholamandalam M.S. General ... vs Godari Padma And 4 Others
2021 Latest Caselaw 2827 Tel

     THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

                     M.A.C.M.A.No.235 OF 2021
JUDGMENT

1. This appeal is preferred by the appellant-insurance company

questioning the order dated 13.10.2020 in M.V.O.P.No.15 of 2013

passed by the Motor Accident Claims Tribunal-cum-V-Additional

District Judge, II FTC, Warangal at Jangaon (for short, the Tribunal).

2. First claimant is wife and claimant Nos.2 and 3 are sons and

claimant No.4 is the daughter of the deceased Godari Narsaiah

(hereinafter be referred to as 'the deceased').

3. The case of the claimants is that on 03.11.2011 at about 007: 15

PM while he was returning to his house on his motorcycle bearing

registration No.AP 36 J 8276, a lorry bearing registration No.AP 28

TB 3835, driven by its driver in a rash and negligent dashed the

deceased. As a result of which, the deceased received severe injuries

and died on the spot. Claimant No.2 who was pillion rider also

sustained grievous injuries. In connection with the accident, a case in

Cr.No.150 of 2011 was registered. The deceased was working as

Village Revenue Officer of Bhanjipet and was earning Rs.13,827/-

pm. Hence, the claimants filed a claim petition seeking compensation

of Rs.28.00 lakhs from the appellant-insurance company and the

owner of the crime vehicle.

4. Before the Tribunal, the owner of the crime vehicle and the

appellant-insurance company filed written statements denying the

allegations and contended that there is no negligence on the part of the

driver of the vehicle and that the deceased was not having valid

driving licence and that amount claimed by the claimants is highly

excessive and that it is not liable to pay any compensation and prayed

for dismissal of the claim petition.

5. After considering the oral and documentary evidence on record,

the Tribunal came to the conclusion that the accident occurred due to

the rash and negligent driving of the driver of the lorry and awarded

lump sum compensation of Rs.25.00 lakhs with interest at 7.5% per

annum. Aggrieved by the said order, the appellant/insurance company

filed the present appeal.

6. Learned counsel for the appellant-insurance company contends

that the Tribunal erred in quantifying the compensation on surmises

and conjectures. The Tribunal awarded a lumpsum compensation of

Rs.25 lakhs with 7.5% per annum without following the provisions of

the Motor Vehicles Act and the judgments of the Hon'ble Apex Court.

The Tribunal ought to have awarded compensation under different

heads. The Tribunal ought to have taken the net salary of the

deceased at Rs.13,627/- after deducting the professional tax at

Rs.200/- instead of Rs.13,827/-. Learned counsel prayed for setting

aside the appeal.

7. A perusal of the order reveals that the Tribunal has granted a

lumpsum compensation of Rs.25 lakhs without following the

provisions of the Motor Vehicles Act and the judgments of the

Hon'ble Apex Court. As rightly contended by the learned counsel for

the appellant, the Tribunal ought to have made an assessment of the

compensation to be awarded duly taking the income and age of

the deceased into consideration and applying appropriate

multiplier. The net salary of deceased i.e., Rs.13,827/- pm is not in

dispute. If Rs.200/- towards professional tax is deducted, the net

salary of the deceased would come to Rs.13,627/- pm. The same

would come to Rs.1,63,524/- per annum (Rs.13,627 x 12) and if 30%

of the same is granted towards future prospects, the loss of

dependency works out to Rs.49,057/-. The total comes to

Rs.2,12,581/-. 25% of the said amount towards personal expenses,

comes to Rs.53,145/-. Thus, the net earnings comes to Rs.1,59,436/-.

Since the deceased was aged 42 years at the time of death, the

appropriate multiplier would be 14. Therefore, the compensation

comes to Rs.22,32,104/-. Further, the claimants are entitled to

compensation towards conventional charges, which can be granted at

Rs.50,000/-, and total comes to Rs.22,82,104/-. Further, claimant

Nos.2 to 4 are entitled for loss of dependency and they can be

awarded Rs.40,000/- each towards loss of dependency, which comes

to Rs.1,20,000/-. Thus, the total compensation payable to the

claimants comes to Rs.24,02,104/-. The claimants are entitled for

interest @7.5% per annum from the date of O.P. till the date of

realization. All other terms of the award granted by the trial Court

shall remain the same.

8. Accordingly, the Motor Accident Civil Miscellaneous Appeal is

partly allowed to the extent indicated above. Miscellaneous petitions

pending, if any, shall stand dismissed. No order as to costs.

_______________________ T. AMARNATH GOUD, J Date: 29.09.2021

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