Shivakoti Prasanna Laxmi vs Abdul Kareem Mohammad Shareef ...
2022 Latest Caselaw 2632 Tel

 HONOURABLE SRI JUSTICE N. TUKARAMJI


                MACMA.No.3136 of 2007


JUDGMENT:

The daughter, son and husband of Smt.Shivakoti

Dhana Laxmi, who died in a motor accident occurred on

04.11.2005, filed claim petition in O.P.No.981 of 2005 on

the file of the Chairman, Motor Accidents Claims Tribunal-

cum-Principal District Judge, Nalgonda, seeking

compensation of Rs.4,00,000/-. The Tribunal in the

impugned award rendered Rs.1,94,500/- with interest at

7.5% per annum as compensation.

2. Dissatisfied by the awarded sum and by contesting

that, the learned Tribunal erred in disbelieving the pleaded

occupation and even failed to properly measure the probable

income of domestic services and the future prospects and

inadequate amounts were awarded under the conventional

heads, marked this appeal for higher compensation.

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3. The petitioners case is that on 4.11.2005, while Dhana

Laxmi/deceased along with her husband and relatives was

returning to Chityal in car bearing registration No.AP28M

1129 and at about 3.45 pm., when they reached Settipalem

village limits, a lorry bearing registration No. MP09KD 1030,

came in opposite direction and dashed their car, which

resulted in grievous injuries to Dhana Laxmi/deceased and

on the way to hospital succumbed to her injuries.

4. The petitioners pleaded that Dhana Laxmi/deceased

was 40 years of age and as a tailor and by earning

Rs.3,000/- per month, used to contribute her earnings to

the family. Thus, claiming loss of dependency, filed the

claim petition.

5. Heard the learned counsel for the appellants Sri

Chandrasekhar Reddy Gopireddy and learned counsel for 2nd

respondent Sri N.Mohana Krishna.

6. In this position, the point for determination is:

"Whether the compensation awarded by the Tribunal is

just and proper?"

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                                                   macma_3136_2007

7. The petitioners failed to file any specific document to

prove the age and occupation of Dhana Laxmi/deceased.

However, relying on the entries in Ex.A3/post mortem report

and Ex.A2/inquest report are referring the age of Dhana

Laxmi/deceased can be taken as 40 years by the date of

accident.

8. In respect to the occupation and the income, except

the oral claim of the petitioners, no material is placed for

consideration. In the inquest report, the occupation of the

deceased is mentioned as house wife. Be that as it may, the

services of Dhana Laxmi/deceased as house wife can safely

be quantified at Rs.3,000/- per month as claimed by the

petitioners by reckon on the dictum of the Hon'ble Supreme

Court in Lata Wadhwa Vs. State of Bihar1. In addition, as

held by the Hon'ble Apex Court in the National Insurance

Company Ltd. vs. Pranay Sethi and others2, towards

future prospects, the age of Dhana Laxmi/deceased, 25%

shall also be included. Correspondingly, the annual income

(2001) 8 SCC 197

(2017) 16 SCC 860 4 NTR,J macma_3136_2007

comes to Rs.45,000/- (Rs.36,000 + 9,000). Furthermore,

as the dependents are 3 in number, 1/3rd of the annual

income has to be deducted for the personal expenses, thus

the contribution of the deceased to the

appellants/petitioners would be Rs.30,000/-. If this sum is

multiplied with the relevant multiplier for the age of the

deceased, the sum works out to Rs.4,50,000/- (Rs.30,000 x

15). The appellants/ petitioners are entitled to this amount

towards 'loss of dependency'.

9. In addition, the appellants/petitioners are also entitled

for compensation under the conventional heads, viz.,

Rs.15,000/- towards Loss of Estate and Rs.15,000/- towards

funeral charges. The 3rd appellant/petitioner is entitled for

spousal consortium at Rs.40,000/-and 1st and 2nd

petitioners/appellants are entitled for parental consortium at

Rs.80,000/- (Rs.40,000/- each).

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                                                 macma_3136_2007

10. Thus, in total, the appellants are eligible for the

compensation as follows :

         DESCRIPTION                      AMOUNT (Rs.)
Loss of Dependency                             4,50,000.00
Loss of Estate                                   15,000.00
Funeral Charges                                  15,000.00
Spousal consortium                               40,000.00
Parental Consortium                              80,000.00
                             TOTAL            6,00,000.00

11. For the aforesaid reasons, the Appeal is allowed as

follows:

(i) the respondents are jointly and severally liable

to pay Rs.6,00,000/- (Rupees six lakhs only) with interest

@ 7.5% per annum with costs, from the date of petition till

date of realization;

ii) the respondents are directed to deposit the awarded

amount within one month from the date of receipt of a copy

of this judgment;

(iii) the apportionment among the

appellants/petitioners and shall be in terms of the tribunal

award.

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                                                macma_3136_2007




     (iv)   on   deposit   of   the   awarded   amount,    the

appellants / petitioners are permitted to withdraw entire

amounts, as apportioned.

As a sequel, miscellaneous petitions, pending if any,

shall stand closed.

_______________ N.TUKARAMJI, J

Date: 13.06.2022 Shr