G.Ramulu 2 Ors vs Mahipal Reddy Kolan Anr
2022 Latest Caselaw 4267 Tel

     HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                    M.A.C.M.A.No.1471 of 2017
JUDGMENT :

This appeal is filed by the claimants being aggrieved by the

order and decree dated 15.11.2016 in M.V.O.P.No.2792 of 2013 on

the file of XIII Additional Chief Judge (FTC), City Civil Court,

Secunderabad, for the death of the deceased, namely,

Smt.Kistamma, who died in the accident which occurred on

09.10.2013.

2. For the sake of convenience, the parties are referred to as

arrayed in the O.P.

3. Initially, the claim was made for Rs.10,00,000/- and the

Tribunal awarded an amount of Rs.6,17,000/-. Since the appeal is

filed only for enhancement of compensation, the appreciation in

this appeal would be only with respect to that aspect.

4. Heard learned counsel for both the parties and perused the

record.

GAC, J MACMA.No.1471 of 2017

5. It is contended by the learned counsel for the claimants that

the deceased was aged about 32 years at the time of the accident

and used to earn Rs.10,000/- per month as daily wage labour in

Mandal office. The claimants are the husband and children of the

deceased and due to the untimely death of deceased, the family lost

love and affection as well as the financial income.

6. On the other hand, learned counsel for the respondents

contended that the Tribunal has granted adequate compensation to

the claimants, and therefore, there is no necessity to interfere with

the orders of the Tribunal and prayed to dismiss the O.P.

7. PW-1 is the husband of the deceased and his oral evidence

disclose about the accident which took place on 09.10.2016 at 5.30

p.m. and also about the earnings of the deceased as daily wage

labour. But, there is no oral corroborating evidence or

documentary evidence before the Court as to the income of the

deceased.

8. The Tribunal has granted compensation to the claimants

under the following heads:

GAC, J MACMA.No.1471 of 2017

1. Loss of dependency - Rs.5,12,000/-

         2.   Loss of Estate            -Rs.25,000/-
         3.   Loss of consortium        -Rs.50,000/-
         4.   Funeral expenses          -Rs.30,000/-
              TOTAL                     -Rs.6,17,000/-

9. As per the proposition laid down by the Apex Court in a

judgment of the year 2011 in Ramachandrappa v. Royal

Sundaram Alliance Insurance Co. Ltd.1, the notional income of

the deceased can be taken as Rs.4,500/- per month even in the

absence of evidence to that effect. Admittedly, the accident in this

case occurred in the year 2013 and considering the cost of living in

the year of 2013, the notional income of a labour can be assessed

as Rs.200/- per day, which comes to Rs.6,000/- per month.

10. Admittedly, the deceased was aged 32 years as on the date of

the accident and the income of the deceased is fixed as Rs.6,000/-

per month as a labour. As per the judgment of the Hon'ble

Supreme Court in Smt.Sarla Verma v. Delhi Transport

Corporation & another2, the multiplier applicable is '16' for the

age group of 31 to 35 years. The annual income of the deceased is

Rs.72,000/- (Rs.6,000 X 12). If 40% is added towards future

(2011) 13 SCC 236

(2009) 6 SCC 121

GAC, J MACMA.No.1471 of 2017

prospects, it would come to Rs.1,00,800/- (Rs.72,000 + Rs.28,800).

The claimants in this case are the husband and children of the

deceased, who are three in number. As per the judgment in Sarla

Verma's case (2 supra), 1/3rd is to be deducted towards personal

expenses of deceased. Thus, his contribution to the family would

come to Rs.67,200/- (Rs.1,00,800 - Rs.33,600). If the multiplier

'16' is applied, it would come to Rs.10,75,200/- (Rs.67,200 X 16).

As per the proposition laid down by the Apex Court in National

Insurance Co. Ltd. v. Pranay Sethi & others3, consortium @

Rs.40,000/- is to be granted to the children and husband of the

deceased and the claimants are also entitled for compensation

towards funeral expenses and loss of estate to a tune of Rs.15,000/-

each.

11. Thus, the claimants are entitled to compensation under the

following heads;

1. Loss of dependency - Rs.10,75,200/-

         2. Funeral expenses                 -      Rs.15,000/-
         3. Consortium
            (for children & husband)         -      Rs.1,20,000/-
         4. Loss of Estate                   -      Rs.15,000/-
             TOTAL                           -      Rs.12,25,200/-


    2017 ACJ 2700

                                                                GAC, J
                                                  MACMA.No.1471 of 2017

12. Accordingly, the appeal is allowed, granting a total

compensation of Rs.12,25,200/- 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. Claimant

No.1 being the husband of the deceased, is entitled to Rs.2,25,200/-

and Claimant Nos.2 and 3 being the minor children of the

deceased, are entitled to Rs.5,00,000/- each. The 1st claimant is

entitled to withdraw his share of compensation along with costs

and interest and the shares of the 2nd and 3rd claimants shall be kept

in fixed deposits in any Nationalised Bank till they attain majority.

Pending miscellaneous applications, if any, shall stand

closed.

________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 24.08.2022

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