Pedda Bhumaiah 2 Ors vs Sri Chinna Pentaiah Koli 2 Ors
2022 Latest Caselaw 6229 Tel

     HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                   M.A.C.M.A.No.2768 of 2008

JUDGMENT :

This appeal is arising out of the orders in O.P.No.209 of

2005, dated 24.06.2008 on the file of Motor Accident Claims

Tribunal-cum-District Judge, Nizamabad.

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

arrayed in the O.P.

3. The claimants are the appellants. The O.P. was filed by the

claimants under Section 166(1)(c) of the Motor Vehicles Act,

claiming compensation of Rs.6,00,000/- on account of the death of

the deceased/Mangali Ganesh, in the accident on 06.04.2004 at

1.30 p.m. The said accident occurred while the deceased and

others were proceeding in a jeep bearing No.AP-25-U-2927 from

Nizamabad to Darjeni Thanda via Bhainsa and when the jeep

reached Abhangapatnam, a lorry bearing No.ATA-979, driven by

its driver in a rash and negligent manner, dashed against the jeep

from opposite side. As a result, the inmates in the jeep sustained

GAC, J MACMA.No.2768 of 2008

grievous injuries, and the deceased succumbed to injuries while

being shifted to hospital.

4. Basing on the complaint of one of the inmates of the jeep i.e.

B.Kailash, a case was registered against the driver of the lorry vide

Crime No.56 of 2004 for the offences punishable under Sections

304-A and 337 of IPC on the file of Nabipet Police Station. The

claimants are the parents and sister of the deceased. It is the

specific averment in the claim petition that the deceased was hale

and healthy and was earning Rs.10,000/- per month as a Barber and

Agriculturist and contributed the same to the family.

5. A detailed counter affidavit was filed by the respondents

disputing the age and income of the deceased. It was further

contended that there was no negligence on the part of the driver of

the lorry.

6. The Tribunal, after considering the oral and documentary

evidence on record, granted a compensation of Rs.2,47,000/-.

GAC, J MACMA.No.2768 of 2008

7. Being aggrieved as to the quantum of compensation awarded

by the Tribunal, the claimants have filed this appeal for

enhancement of compensation. So, the appreciation of evidence

would be with respect to the quantum alone.

8. Heard learned counsel for both the parties and perused the

record.

9. It is contended by the learned counsel for the claimants that

the Tribunal has not properly considered the income of the

deceased and further, the age of the mother of the deceased was

considered while applying the multiplier and therefore, it is just

and necessary to consider the age and the income of the deceased

as Rs.3,000/- per month even in the absence of any documentary

evidence, as per the law laid down by the Apex Court and therefore

prayed to enhance the compensation.

10. On the other hand, the learned counsel for the respondent-

Insurance Company contended that there is no error or irregularity

in the orders passed by the Tribunal so as to interfere with the same

GAC, J MACMA.No.2768 of 2008

and therefore, prayed to dismiss the Appeal confirming the

judgment of the Tribunal.

11. Admittedly, the deceased was unmarried person and was

aged about 21 years as on the date of accident, as per the inquest

and postmortem reports i.e. Exs.A-3 and A-4 respectively. Ex.A-7

is the income certificate issued by the Sarpanch, which shows that

the deceased used to earn Rs.8,000/- per month by doing barber

work, but the Tribunal has not considered the same, as Sarpanch is

not competent to issue income certificate and the income of the

deceased was considered as Rs.3,000/- per month even in the

absence of any documentary evidence.

12. It is relevant to mention that as per the proposition laid down

by the Hon'ble Supreme Court in Smt.Sarla Verma v. Delhi

Transport Corporation & another1, the income of a non-earning

member can be taken as Rs.3,000/- per month. Therefore, there is

no error or irregularity in the orders of the Tribunal while

considering the income of the deceased as Rs.3,000/- per month.

(2009) 6 SCC 121

GAC, J MACMA.No.2768 of 2008

13. On perusal of the entire evidence on record, there is no

dispute as to the manner of the accident which occurred on

06.04.2004. PW-1 is the father of the deceased. The 2nd claimant

and the 3rd claimant are the wife and daughter of PW-1

respectively. The Tribunal has taken the age of the mother of the

deceased into consideration while calculating the compensation.

Ex.A-7 document was discarded/disbelieved by the Tribunal as the

Sarpanch was not the competent person, to issue income certificate

and considered the income of the deceased as Rs.3,000/- per month

and applied the multiplier '8' considering the age of the 2nd

claimant i.e. the mother of the deceased as per the II-Schedule of

Motor Vehicles Act.

14. As stated supra, the age of the deceased was 21 years and the

income of deceased was Rs.3,000/- per month. If 40% future

prospects is added, it would come to Rs.4,200/- (Rs.3,000+1,200).

As the deceased is an unmarried person, 50% of his earnings have

to be deducted towards his personal expenses. Thus, his

contribution towards family would come to Rs.2,100/-. As per the

judgment of Hon'ble Supreme Court in Sarla Verma's case

GAC, J MACMA.No.2768 of 2008

(1 supra), the multiplier applicable is '18' for the age group of 15

to 25 years. If the annual income and multiplier '18' are applied,

then, the loss of earnings of the deceased would be Rs.4,53,600/-

(Rs.2,100 X 12 X 18).

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

Insurance Co. Ltd. v. Pranay Sethi & others2, parents of the

deceased 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.

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

the following heads;

    1.   Loss of dependency                    Rs.4,53,600/-
    2.   Funeral expenses                      Rs.15,000/-

3. Consortium (Rs.40,000/- each to the Rs.80,000/-

parents of the deceased)

4. Loss of estate Rs.15,000/-

TOTAL Rs.5,63,600 /-

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

compensation of Rs.5,63,600/- with costs and interest at the rate of

7.5% per annum from the date of petition till the date of realisation,

2017 ACJ 2700

GAC, J MACMA.No.2768 of 2008

payable by the respondents jointly and severally within one month

from the date of receipt of a copy of this order. All the appellants

are equally entitled for the said amount and they are permitted to

withdraw their respective shares, as the accident occurred in the

year 2004.

Pending miscellaneous applications, if any, shall stand

closed.

________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 29.11.2022

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