D Suvali, Nalgonda And Others vs Sri Padmavathi Transport, ...
2022 Latest Caselaw 3721 Tel

     HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                      M.A.C.M.A.No.397 of 2016

JUDGMENT :

This appeal is filed by the claimants being aggrieved by the

order and decree dated 30.01.2015 in M.V.O.P.No.74 of 2014 on

the file of Motor Accident Claims Tribunal-cum-Principal District

Judge, Nalgonda, claiming compensation of Rs.8,00,000/- with

costs and interest, for the death of the deceased Kavitha.

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

arrayed in the O.P.

3. The claimants are the parents of the deceased. On

07.02.2014 at about 8.30 p.m., while the deceased was returning

her house on extreme left side of the road, a Lorry bearing No.

AP-16-TY-5057, driven by its driver in rash and negligent manner

at a high speed, dashed against the deceased, due to which, she

sustained head injury and other multiple injuries all over the body

and died on the spot.

GAC, J MACMA.No.397 of 2016

4. Basing on the complaint of the paternal uncle of the

deceased, a case was registered against the driver of the Lorry in

Crime No.50 of 2014 under Section 304-A of IPC on the file of

Mellacheruvu Police Station. It is the further case of the claimants

that the deceased was aged about 19 years as on the date of the

accident, hale and healthy and earned Rs.9,000/- per month as a

coolie. Therefore, the claimants are entitled for compensation as

they suffered financial loss and love and affection of the deceased.

5. A detailed counter was filed by the 2nd respondent denying

the manner of accident, age and income of the deceased.

6. The Tribunal, on examining the oral and documentary

evidence on record, partly allowed the O.P., awarding a total

compensation of Rs.4,96,000/- along with costs and interest @ 6%

per annum from the date of petition till the date of realization.

Seeking enhancement of compensation, the claimants have filed

this appeal.

7. Heard both sides and perused the record.

GAC, J MACMA.No.397 of 2016

8. The learned Counsel for the appellants contended that the

claimants are entitled for more compensation as per the various

Rulings of the Apex Court and prayed to grant just compensation

with interest @ 18% per annum.

9. The record reveals that the Tribunal have considered the

income of the deceased as Rs.150/- per day and deducted 50% of

the income towards the personal expenses of the deceased.

10. It is not necessary to discuss as to the manner of the accident

or about the age of the deceased, as the said aspects are not

disputed by the respondents herein. Exs.A-3 and A-4 i.e. the

inquest report and postmortem report respectively of the deceased,

clearly disclose the age of the deceased as 19 years, which is

corroborated by the oral evidence of PW-1, who is the mother of

the deceased. PW-2 is eyewitness to the accident. There is no oral

or documentary evidence before the Tribunal as to the income of

the deceased.

11. The avocation of the deceased is stated as 'Coolie' in the

claim petition and the same is reiterated by PW-1 in the oral

GAC, J MACMA.No.397 of 2016

evidence. Though the claimants/appellants have claimed the

income of deceased as Rs.9,000/- per month, in the absence of

evidence to that effect, this Court is of the considered view that the

Tribunal have rightly taken the income of the deceased as

Rs.4,500/- per month.

12. On perusal of the order of the Tribunal, it is evident that the

Tribunal has awarded the following amounts under different heads;

    1.   Loss of dependency                       Rs.4,86,000/-
    2.   Funeral expenses                         Rs.10,000/-
         TOTAL                                    Rs.4,96,000/-

13. Admittedly, the deceased was aged about 19 years as on the

date of the accident. As discussed above, the income of the

deceased can be taken as Rs.4,500/- per month and annual income

would come to Rs.54,000/-. As per the judgment of Hon'ble

Supreme Court in Smt.Sarla Verma v. Delhi Transport

Corporation & another1, the multiplier applicable is '18' for the

age group of 15 to 25 years. If 40% future prospects is added, it

would come to Rs.75,600/- (Rs.54,000 + Rs.21,600/-). If 50% is

deducted towards personal expenses, the contribution of deceased

(2009) 6 SCC 121

GAC, J MACMA.No.397 of 2016

to the family would come to Rs.37,800/- (Rs.75,600 - Rs.37,800).

If the multiplier '18' is applied, it would come to Rs.6,80,400/-

(Rs.37,800 X 18). Therefore, the appellants are entitled to

Rs.6,80,400/- towards loss of dependency.

14. As per the judgment of Hon'ble Supreme Court in National

Insurance Co. Ltd. v. Pranay Sethi & others2, claimants 1 and 2

are entitled to Rs.40,000/- each towards consortium and

Rs.15,000/- towards funeral expenses and another Rs.15,000/-

towards loss of estate.

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

the following heads;

    1.   Loss of dependency                    Rs.6,80,400/-
    2.   Funeral expenses                      Rs.15,000/-
    3.   Consortium (Rs.40,000/- each)         Rs.80,000/-
    4.   Loss of estate                        Rs.15,000/-
         TOTAL                                 Rs.7,90,400/-

16. Accordingly, the appeal is disposed of, granting a total

compensation of Rs.7,90,400/- with costs and interest at the rate of

7.5% per annum from the date of petition till the date of realization

2017 ACJ 2700

GAC, J MACMA.No.397 of 2016

and both the respondents are jointly and severally liable to pay the

said compensation within a period of two months from the date of

receipt of this order. The appellants being the parents of the

deceased, are equally entitled for the compensation along with

costs and interest and they are permitted to withdraw their

respective shares as the accident occurred in the year 2014.

Pending miscellaneous applications, if any, shall stand

closed.

________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 15.07.2022

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