Telangana High Court
Smt M. Satyavathi, vs Dalijit Singh Bhatia on 1 August, 2022
Bench: G.Anupama Chakravarthy
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
M.A.C.M.A.No.85 of 2017
JUDGMENT :
This appeal is filed by the claimants being aggrieved by the
order and decree dated 23.02.2016 in M.V.O.P.No.823 of 2012 on
the file of the Motor Accident Claims Tribunal-cum-II Additional
Chief Judge, City Civil Court, Hyderabad, for the death of the
deceased, namely, M. Suresh, who died in the accident that
occurred on 16.01.2012.
2. The appeal is filed only for enhancement of compensation.
Initially, the claim was made for Rs.10,00,000/- and the Tribunal
awarded an amount of Rs.7,20,000/-. As the appeal is filed only
for enhancement of compensation, the appreciation would be only
with respect to the said aspect.
3. For the sake of convenience, the parties are referred to as
arrayed in the O.P.
4. Heard both sides and perused the record.
GAC, J
MACMA.No.85 of 2017
5. The case of the claimants is that the deceased was aged 40
years as on the date of accident and he was having a Tractor and
used to do agricultural operations as well as vegetable business and
was earning Rs.20,000/- per month. He sustained injuries in the
accident which occurred on 16.01.2012 at 3.00 p.m. due to the rash
and negligent driving of the driver of the Lorry bearing No.MH-26-
H-6247 and died. Prior to his death, the deceased was treated in
Balaji hospital, Kompalli and Gandhi hospital, Secunderabad and
succumbed to injuries on 30.01.2012 and a case, which was
registered against the driver of the Lorry initially for the offence
under Section 377 of IPC, was later altered to Section 304-A of
IPC.
6. The Tribunal has taken the income of the deceased as
Rs.3,000/- per month. There is no oral or documentary evidence
on record to show that the deceased was earning Rs.20,000/- per
month from agriculture and vegetable business. Admittedly, the
accident occurred in the year 2012. It is the contention of the
learned counsel for the claimants that even as per the oral evidence,
the deceased was doing vegetable business and therefore, his
GAC, J
MACMA.No.85 of 2017
income is to be taken as Rs.6,500/- per month. In this connection,
he relied on the judgment of the Apex Court in Syed Sadiq &
others v. Divisional Manager, United India Insurance Co.
Ltd.1, wherein, their Lordships have held as under:
"There is no reason in the instant case for the Tribunal
and the High Court to ask for evidence of monthly
income of the appellant/claimant. On the other hand,
going by the present state of economy and the rising
prices in agricultural products, we are inclined to
believe that a vegetable vendor is reasonably capable
of earning Rs.6,500/- per month."
The above judgment squarely applies to the facts of the present
case. Therefore, the income of the deceased is fixed as Rs.6,500/-
per month as a vegetable vendor.
7. The Tribunal has granted compensation to the claimants
under the following heads:
1. Loss of dependency - Rs.4,20,000/-
2. Consortium for the 1st claimant -Rs.75,000/-
3. Medical Expenses -Rs.1,00,000/-
4. Loss of love & affection & estate -Rs.1,00,000/-
5. Funeral expenses -Rs.10,000/-
6. Transport charges -Rs.5,000/-
2014 ACJ 627
GAC, J
MACMA.No.85 of 2017
7. Expenditure unaccounted for -Rs.10,000/-
TOTAL -Rs.7,20,000/-
8. There is no dispute as to the age of the deceased i.e. he was
aged 40 years as on the date of the accident and the income of the
deceased is fixed as Rs.6,500/- per month. As per the judgment of
Hon'ble Supreme Court in Smt.Sarla Verma v. Delhi Transport
Corporation & another2, the multiplier applicable is '15' for the
age group of 36 to 40 years. The annual income of the deceased is
Rs.78,000/-. As the deceased was aged 40 years, the future
prospects would be 40%, and if it is added, it would come to
Rs.1,09,200/- (Rs.78,000 + Rs.31,200). The claimants in this case
are five in number. As per the judgment in Sarla Verma's case (2
supra), 1/4th is to be deducted towards personal expenses of
deceased. Thus, his contribution to the family would come to
Rs.81,900/- (Rs.1,09,200 - Rs.27,300). If the multiplier '15' is
applied, it would come to Rs.12,28,500/- (Rs.81,900 X 15). Apart
from that, the claimants are also entitled for compensation under
the other conventional heads.
(2009) 6 SCC 121
GAC, J
MACMA.No.85 of 2017
9. The accident occurred on 16.01.2012 and the deceased died
on 30.01.2012 while undergoing treatment in Gandhi hospital,
Secunderabad. Therefore, the claimants are also entitled for
compensation towards medical expenses incurred by them and also
for pain and suffering.
10. It is pertinent to note that the 5th claimant i.e. the mother of
the deceased died during the pendency of the appeal. But, as per
the decision of the Apex Court in Paramjith Kaur & others v.
Gurdev Singh & others3, she is also entitled for 'filial
consortium' as she died subsequent to the death of her son.
Further, as all the legal representatives of the 5th claimant are on
record, the amount awarded towards compensation can be
apportioned between the living members of the family.
11. Thus, the claimants are entitled to the compensation under
the following heads;
1. Loss of dependency - Rs.12,28,500/-
2. Funeral expenses - Rs.15,000/-
3. Loss of Estate - Rs.15,000/-
4. Consortium - Rs.2,00,000/-
(5 claimants @ 40,000/- each)
2021 ACJ 1945
GAC, J
MACMA.No.85 of 2017
5. Medical Expenses -Rs.1,00,000/-
6. Pain and suffering -Rs.25,000/-
TOTAL -Rs.15,83,500/-
12. Accordingly, the appeal is partly allowed, granting a total
compensation of Rs.15,83,500/- with costs and interest at the rate
of 7.5% per annum from the date of petition till the date of
realization, payable by respondents 1 and 2 jointly and severally,
within two months from the date of receipt of this order. The
Claimant Nos.1 to 4 are equally entitled for the said compensation
and they are permitted to withdraw their respective shares along
with costs and interest, as the accident took place in the year 2012.
Pending miscellaneous applications, if any, shall stand
closed.
________________________________
G.ANUPAMA CHAKRAVARTHY, J
Date: 01.08.2022
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