Telangana High Court
United Indian Insurance Co Ltd., vs Gaddam Srinivas 3 Others on 21 July, 2022
Bench: G.Anupama Chakravarthy
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
M.A.C.M.A.No.688 of 2016
JUDGMENT :
This appeal is filed by the Insurance Company aggrieved of
the order and decree dated 25.03.2015 in O.P.No.791 of 2012 on
the file of Motor Accident Claims Tribunal-cum-Principal District
Judge, Nizamabad.
2. The case of the claimants is that on 27.08.2011 at about 7.00
p.m., when the deceased and one Ramesh were proceeding to
Morthad from Kammarpalli on their motor bike, one Lorry bearing
No.AP-25-T-5190, driven by its driver in a rash and negligent
manner, dashed against the motorcycle, due to which, the deceased
boy, namely Gaddam Venkatesh, aged 16 years died on the spot. It
is the further contention of the claimants that the deceased was
doing a private job and was earning Rs.10,000/- per month.
3. The Tribunal, on examining the oral and documentary
evidence on record, partly allowed the O.P., awarding a total
compensation of Rs.6,00,000/- along with costs and interest @
GAC, J
MACMA.No.688 of 2016
7.5% per annum from the date of petition till the date of
realization. Aggrieved thereby, the appellants filed this appeal.
4. Heard both sides and perused the record.
5. The learned Standing Counsel for the appellants contended
that the decree of the Tribunal is contrary to law and weight of
evidence; that the Tribunal has erred in awarding excess amount of
compensation as the deceased was aged about 16 years and could
not have earned Rs.10,000/- per month. Accordingly, prayed for
setting aside the impugned order in the O.P.
6. On a perusal of the material on record and the order and
decree of the Tribunal, this Court is of the considered view that the
recent judgment in the case of Kurvan Ansari @ Kurvan Ali v.
Shyam Kishore Murmu1 has to be followed in case of death of
minors. The Hon'ble Supreme Court held that even in case of
minors, the family members are entitled for compensation, in case,
they are the victims of the accidents occurred under Motor
Vehicles Act and a total compensation of Rs.4,70,000/- can be
awarded.
Civil Appeal No.6902 of 2021, dt.16.11.2021
GAC, J
MACMA.No.688 of 2016
7. In view of the law laid down by the Hon'ble Supreme Court
in the above judgment, this Court is of the considered opinion that
the compensation awarded by the Tribunal in the present case is
high and excessive and an amount of Rs.4,70,000/- can only be
awarded instead of Rs.6,00,000/-.
8. Accordingly, the appeal is partly allowed, reducing the
compensation from Rs.6,00,000/- to Rs.4,70,000/- with costs and
interest @ 7.5% per annum from the date of petition till the date of
realization. The appellant and respondent No.4 shall jointly and
severally be liable to pay the compensation of Rs.4,70,000/- to
respondents 1 to 3 within two months from the date of receipt of
this order. All the claimants i.e. respondent Nos.1 to 3 are equally
entitled to the said amount and they are permitted to withdraw their
respective shares, as the accident had occurred in the year 2011.
Pending miscellaneous applications, if any, shall stand
closed.
________________________________
G.ANUPAMA CHAKRAVARTHY, J
Date: 21.07.2022
ajr
