Telangana High Court
The Managing Director vs Goda Ram Bai on 28 July, 2022
Bench: G.Anupama Chakravarthy
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
M.A.C.M.A.No.2657 of 2018
JUDGMENT :
The appeal is arising out of the order dated 06.06.2017, in
MVOP.No.56 of 2014 on the file of Motor Accident Claims
Tribunal-cum-V Additional District and Sessions Judge, Adilabad.
For the sake of convenience, the parties are arrayed as in the OP.
2. The appeal is filed by the RTC, who is the sole respondent in
the O.P. The O.P. is filed by the claimants before the Tribunal
under Section 166 of the Motor Vehicles Act, claiming
compensation of Rs.6,00,000/- with costs and interest for the death
of the deceased G.Shyam Rao in the accident that occurred on
31.03.2005 at 6.10 a.m. The petitioners in the O.P. are the children
of the deceased.
3. It is the case of the claimants that the deceased used to earn
Rs.10,000/- per month as a coolie and he was aged about 42 years
at the time of the accident and due to the death of the deceased, the
petitioners are deprived of their financial assistance, love and
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MACMA.No.2657 of 2018
affection, care and guidance of the deceased and therefore, they are
entitled for the compensation.
4. The Tribunal, after considering the oral and documentary
evidence on record, has come to a conclusion that the petitioners
are entitled for a compensation of Rs.6,80,200/-.
5. Heard learned counsel for both the parties and perused the
record.
6. The appeal is filed, only disputing the quantum of
compensation granted to the claimants and not of the liability, and
therefore, the appreciation would be only on the said aspect.
7. It is contended by the learned counsel for the appellant-RTC
that the Tribunal have wrongly taken the future prospects of the
deceased as 30% instead of 25% and prayed to grant compensation
under the appropriate heads by setting aside the orders of the
Tribunal.
8. On the other hand, the learned counsel for the claimants
contended that the Tribunal has not awarded compensation under
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MACMA.No.2657 of 2018
the conventional heads and therefore, seeks to modify the orders of
the Tribunal.
9. 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.6,55,200/-
2. Funeral expenses Rs.25,000/-
TOTAL Rs.6,80,200/-
10. It is the finding of the Tribunal that there is no evidence on
record as to the avocation or age of the deceased, but considering
Exs.A-3 and A-4, the age of the deceased was taken as 42 years
and the income of the deceased was fixed as Rs.150/- per day as a
Coolie. Even as per the proposition laid down 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.
11. As per the judgment of Hon'ble Supreme Court in
Smt.Sarla Verma v. Delhi Transport Corporation & another2,
the multiplier applicable is '14' for the age group of 41 to 45 years.
(2011) 13 SCC 236
(2009) 6 SCC 121
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MACMA.No.2657 of 2018
The annual income of the deceased is Rs.54,000/- (Rs.4,500 X
12). If future prospects of 25% are added, it would come to
Rs.67,500/- (Rs.54,000 + Rs.13,500). The number of claimants in
this case are three, and 1/3rd is to be deducted towards personal
expenses of deceased, and thus, his contribution to the family
would come to Rs.45,000/- (Rs.67,500 - 22,500). If multiplier
'14' is applied, loss of dependency would come to Rs.6,30,000/-
(Rs.45,000 X 14).
12. Thus, the claimants are entitled to compensation under the
following heads;
1. Loss of dependency Rs.6,30,000/-
2. Funeral expenses Rs.15,000/-
3. Consortium (Rs.40,000/- each for 3 Rs.1,20,000/-
claimants).
4. Loss of estate Rs.15,000/-
TOTAL Rs.7,80,000/-
13. Accordingly, the appeal is disposed of granting
compensation to the claimants to a tune of Rs.7,80,000/- with costs
and interest @ 7.5% per annum from the date of petition till the
date of realization, payable by the appellant (RTC) within two
months from the date of receipt of this order. All the claimants are
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MACMA.No.2657 of 2018
permitted to withdraw their respective shares along with costs and
interest, as the accident had occurred in the year 2005.
Pending miscellaneous applications, if any, shall stand
closed.
________________________________
G.ANUPAMA CHAKRAVARTHY, J
Date: 28.07.2022
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