Telangana High Court
The New India Assurance Company ... vs Sirkonda Krishna Kumari 3 Others on 1 July, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No. 1704 of 2015
JUDGMENT:
The New India Assurance Company Limited, respondent No.
2 before the Tribunal, preferred this appeal challenging the order
and decree, dated 06.08.2014, passed in M.V.O.P.No. 828 of 2012
on the file of the Motor Accident Claims Tribunal (Special Sessions
Judge for Trial of cases under SCs & STs (POA) Act, 1989--cum-
Additional District Judge) at Khammam.
The claimants-respondent Nos. 1 to 3 herein, filed the claim
petition seeking compensation of Rs.18,00,000/- for the death of
the deceased-Sirikonda Satyanarayana in the accident that
occurred on 28.02.2012 involving the crime vehicle i.e. Lorry
bearing No. AP 24TB 1008, owned by the respondent No.4 herein
and insured with the appellant. According to the claimants, the
deceased was RTC driver, aged about 44 years at the time of the
accident and was drawing salary of Rs.17,217/- per month. While
the owner of the crime vehicle remained ex parte, the appellant
herein contested the O.P. Considering the claim and the counter
filed by the Insurance Company and on evaluation of the evidence,
both oral and documentary, the learned Tribunal has allowed the
O.P. and awarded total compensation of Rs.18,00,000/- with 7%
interest per annum, holding the owner of the offending vehicle and
the insurance company jointly and severally liable to pay the
compensation.
Heard the learned counsel for the parties and perused the
material available on record.
The only contention of the learned Standing Counsel for the
appellant is that the learned Tribunal while taking into
consideration Ex.A.6 salary certificate of the deceased for
determining the compensation, erred in not deducting the amount
towards personal expenses of the deceased thereby erroneously
awarded the excessive compensation.
On the other hand, learned counsel appearing for respondent
Nos. 1 to 3-claimants, contended that the compensation awarded
by the learned Tribunal is just and reasonable and needs no
interference by this Court. In fact, the rate of interest awarded by
the tribunal is very low and needs enhancement.
There is no dispute with regard to the manner of the accident
and the rash and negligent driving of the offending vehicle in
causing the accident on 28.02.2012 that resulted in the death of
the deceased. As seen from the impugned order, the tribunal has
taken the gross salary of the deceased into consideration, as
reflected in Ex.A.6 but it has not deducted the personal expenses of
the deceased therefrom. Therefore, this Court is inclined to
determine the just compensation basing on the evidence available
on record. As seen from the service particulars, the deceased was
aged about 52 years and was earning gross salary of Rs.17,272/- as
reflected in Ex.A.6. As there are three dependents, duly deducting
1/3rd therefrom towards personal expenses of the deceased, the net
monthly income that may be contributed to the family comes to
Rs.11,515/- which translates to Rs.1,38,180/- as annual income.
Considering the age of the deceased, the appropriate multiplier
would be '11'. Therefore, duly applying the said multiplier to the
annual income, the loss of dependency comes to Rs.15,19,980/-.
Apart from the same, as rightly contended by the learned counsel
for the claimants, the claimants are entitled to Rs.77,000/- towards
conventional heads. Thus, the total compensation comes to
Rs.15,96,980/-, which can be rounded off to Rs.15,97,000/-.
Thus, the amount of Rs.18.00 lakhs awarded by the tribunal is
hereby reduced to Rs.15,97,000/-. However, as regards the rate of
interest, awarded by the Tribunal, as per the decision of the Apex
Court in Rajesh and others v. Rajbir Singh and others1, the
interest granted by the Tribunal @ 7% per annum is meager and
1 2013 ACJ 1403 = 2013 (4) ALT 35
the same is enhanced to 7.5% per annum on the compensation
amount now fixed by this Court from the date of petition till the
date of realization.
In the result, the M.A.C.M.A. is allowed in part. The
compensation amount awarded by the tribunal is reduced to
Rs.15,97,000/- from Rs.18,00,000/-. However, the said
compensation amount shall carry interest at 7.5% per annum from
the date of the petition till the date of realization to be paid by the
appellant within a period of one month from the date of receipt of a
copy of this order, after giving due credit to the amount already
deposited, if any. No order as to costs.
Miscellaneous petitions, if any pending, shall stand closed.
_____________________
JUSTICE G. SRI DEVI
01.07.2022
tsr
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No. 1704 of 2015
DATE: 01-07-2022
