Smt. Pittai Vitta Bai Another vs Begala Vittal Another
2022 Latest Caselaw 1035 Tel

                THE HON'BLE JUSTICE G. SRI DEVI

                   M.A.C.M.A. No. 700 of 2012

JUDGMENT:

Dissatisfied with the quantum of compensation awarded

by the Motor Accidents Claims Tribunal-cum-III Additional

District & Sessions Judge (Fast Track Court), Nizamabad, in

O.P. No. 824 of 2006, dated, 03.09.2011, the present appeal is

filed by the claimant.

Vide aforesaid order, the Tribunal has awarded an

amount of Rs.1,42,735/- towards compensation to the

appellants-claimants against the respondents herein who are

owner and insurer of the offending vehicle i.e., Bajaj Motorcycle

bearing No. AP 25G 916, jointly and severally, along with

proportionate costs and interest @ 6% per annum from the date

of filing the petition till realization of the amount, as against the

claim of Rs. 5.00 lakhs laid by the appellants-claimants on

account of death of deceased-Patti Rajeshwar in a road accident

that occurred on 04.11.2005 while he was proceeding on the

scooter.

On 04.11.2005, at 4:00 p.m. while the deceased was

travelling as a pillion rider on the offending motorcycle, from

Metpally to Kamareddy and when the motorcycle reached at

Gandi Hanuman of Kammarpally Village, the rider of the

motorcycle, owned by the respondent No. 1 and insured with

respondent No. 2, drove the motorcycle in a rash and negligent

manner at high speed and in order to escape a lorry that was

coming in front of it, lost control over the motorcycle, as a

result, the motorcycle turned turtle. The deceased fell down on

stone scrap and sustained grievous injury to head and while

undergoing treatment, he died on 07.11.2005. According to the

claimants, the deceased was running a Kirana Shop and

earning a sum of Rs.10,000/- per month and he was aged about

55 years at the time of the accident. Therefore, they laid a claim

for Rs.5.00 lakhs towards compensation.

Heard the learned counsel for the appellants-claimants

and the learned Standing Counsel for the respondent No. 2-The

Oriental Insurance Company Limited. Perused the material

available on record.

In this appeal, the learned counsel for the appellants-

claimants has not seriously disputed the findings of the

Tribunal as to the income of the deceased, age, multiplier

applied and the amounts granted towards treatment and

medicines. His only contention is that the amount of

Rs.9,500/- granted by the Tribunal under the conventional

heads is too meagre and as per the decision of the Apex Court in

National Insurance Company Limited Vs. Pranay Sethi and

others1, the said amount needs to be enhanced.

The learned Standing Counsel appearing on behalf of

respondent No. 2 sought to sustain the impugned award of the

Tribunal contending that considering the income and age of the

deceased and considering the expenditure incurred towards

medicines, the learned Tribunal has awarded just and

reasonable compensation and the same needs no interference

by this Court.

There is no dispute with regard to the manner of the

accident and the rash and negligent driving of the offending

vehicle by its driver in causing the accident. As seen from the

order of the Tribunal, having taken the income of the deceased

at Rs.3,000/- per month and after deducting 1/3rd therefrom

towards his personal expenses, assessed the contribution of the

deceased to the family at Rs.24,000/- per annum and after duly

applying multiplier '5', arrived at the loss of dependency at

Rs.1,20,000/-. An amount of Rs.13,235/- was also awarded

towards medical expenses, as claimed by the claimants. That

apart, under conventional heads, an amount of Rs.9,500/- i.e.,

2017 ACJ 2700

Rs.5,000/- towards consortium; Rs.2,500/- towards loss of

estate; and Rs.2,000/- towards funeral expenses was awarded,

which is meagre. As per the decision of the Apex Court in

Pranay Sethi (supra), the claimants are entitled for an amount

of Rs.77,000/- (Rs.70,00/- plus 7,000/- being 10% increase)

under the conventional heads. Thus, the amount of Rs.9,500/-

granted by the Tribunal towards conventional heads is hereby

enhanced to Rs.77,000/-. In all, the appellants-claimants are

entitled for the compensation of Rs.2,10,235/-, as against

Rs.1,42,735/- awarded by the Tribunal.

In the result, the M.A.C.M.A. is allowed in part by

enhancing the compensation amount of Rs.1,42,735/- awarded

by the Tribunal to Rs.2,10,235/-. The enhanced amount shall

carry interest at 7.5% p.a. from the date of order passed by the

Tribunal till the date of realization, payable by respondents 1

and 2 jointly and severally. There shall be no order as to costs.

Miscellaneous petitions, if any pending, shall stand

closed.

_____________________ JUSTICE G. SRI DEVI

04.03.2022 tsr

THE HON'BLE JUSTICE G. SRI DEVI

M.A.C.M.A. No. 700 of 2012

DATE: 04-03-2022