Telangana High Court
Kum.Thelu Kavitha vs B.Aathamaram Goud on 5 January, 2022
Bench: G Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.4940 of 2008
JUDGMENT :
This appeal is filed by the Claimants, aggrieved of the order and
decree dated 06.08.2008 in M.V.O.P.No.536 of 2006 on the file of
Motor Accident Claims Tribunal-cum-Principal District Judge, Medak
at Sangareddy, by which, a total compensation of Rs.2,62,000/- was
awarded against the claim of Rs.4,50,000/-.
2. On 01.09.2006, due to the rash and negligent driving of Lorry
bearing No.AP-35-T-2619 by its driver, it dashed against the Auto
bearing No.AP-36-V-2863, in which the deceased Smt. Thelu Bala
Laxmi was travelling, due to which, she sustained severe injuries and
died while undergoing treatment.
3. The Tribunal, on examining the oral and documentary evidence
on record, allowed the O.P. in part, awarding a total compensation of
Rs.2,62,000/- along with costs and interest @ 7.5% per annum from
the date of petition till the date of realization. Seeking enhancement
of compensation, the appellants-claimants have filed this appeal.
4. Heard learned counsel for appellants and Sri R.Venkat Rao,
learned Standing Counsel for the 2nd respondent-Insurance Company
and perused the record.
5. The learned Counsel for the appellants-Claimants contended
that the Tribunal has failed to consider the evidence adduced on
GSD, J
MACMA.No.4940 of 2008
behalf of the claimants in proper perspective. It is contended that the
deceased was doing vegetable business and was earning Rs.5,000/-
per month, but the Tribunal has erred in taking her income as
Rs.2,100/- only. Accordingly, sought for enhancement of
compensation.
6. In view of the evidence on record, this Court is of the
considered view that the earnings of the deceased can be taken as
Rs.3,000/- per month and future prospects @ 25% would come to
Rs.750/-. Thus, the total income of deceased would be Rs.3,750/- per
month. If 1/3rd of earnings is deducted towards personal expenses, the
net monthly earnings of deceased comes to Rs.2,500/- [Rs.3,750/- (-)
Rs.1,250/-]. As the deceased was aged 40 years at the time of death,
the appropriate multiplier would be 15. Thus, loss of dependency
comes to Rs.4,50,000/- (Rs.2,500/- X 12 X 15).
7. Thus, this Court feels that the appellants are entitled to the
following amount towards compensation under various heads:
Sl. Name of Head Awarded by Awarded by this
No. Tribunal Court
Rs. Ps. Rs. Ps.
1. Loss of earnings 2,52,000.00 4,50,000.00
2. Loss of love and affection 10,000.00 1,20,000.00
3. Funeral expenses ---- 30,000.00
TOTAL 2,62,000.00 Rs.6,00,000.00
GSD, J
MACMA.No.4940 of 2008
8. In the result, the M.A.C.M.A. is allowed by enhancing the
compensation amount awarded by the Tribunal from Rs.2,62,000/- to
Rs.6,00,000/-. The enhanced amount will carry interest at 7.5% p.a.
from the date of Award of the Tribunal till the date of realization,
payable by respondents 1 and 2 jointly and severally. The amount of
compensation shall be apportioned amongst the claimants in the ratio
as ordered by the Tribunal. The claimants shall pay deficit Court fee
on the enhanced compensation, since the claim is for Rs.4,50,000/-. If
the deficit court fee is not paid as per Rule 475 of M.V.Rules before
the Tribunal, the claimants are not entitled for execution of Award in
respect of enhanced compensation. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
____________________
JUSTICE G.SRI DEVI
Date: 05.01.2022
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