S Sarojini, Hyderabad 2 Others vs Dwaraka Prasad Sahu, ...
2022 Latest Caselaw 4409 Tel

      THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI

                  M.A.C.M.A. No.1870 of 2014

JUDGMENT:

Dissatisfied with the quantum of compensation awarded

by the III Additional Chief Judge, City Civil Court, Hyderabad in

O.P. No.1379 of 2009, dated 12.07.2011, the present appeal is

filed by the claimants.

2. Vide aforesaid order, the Tribunal has awarded an

amount of Rs.2,22,000/- towards compensation to the

appellants-claimants against the respondents herein who are

owner and insurer of the offending vehicle i.e., lorry bearing

No.CG.04.JA.6394, jointly and severally, along with

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

of filing the petition till the date of deposit, as against the claim

of Rs.4 lakhs laid by the appellants-claimants for the death of

the deceased-Venkatram @ Venkat Rao in a road accident that

occurred on 28.05.2008.

3. According to the petitioners, on 28.05.2008 at about 7-30

A.M., while the deceased was standing by the side of Amar

Jyothi Petrol Pump, Balanagar, Hyderabad, waiting for labour

work, at that time, a lorry bearing No. CG 04 JA 6394 was

stuck up in a drainage pit and its driver was trying to lift it up

with the help of a crane. The lorry driver needed some help and

so, he called the deceased to help him in attaching crane hooks

at the rear of the said lorry. Accordingly, the deceased went

there and helped the lorry driver and then stood aside. The

driver of lorry then signaled the crane operator to lift the lorry.

When the crane operator lifted the lorry, the lorry suddenly hit

the drainage air pipe by the side of the road, due to which the

upper portion of the said pipe broke and fell on the deceased

resulting in grievous injuries to him. Immediately, after the

accident, the deceased was taken to Gandhi Hospital,

Secunderabad, where he succumbed to the injuries on

29.05.2008, at about 1-45 P.M.

4. Heard the learned counsel for the appellants-claimants

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

New India Assurance Company Limited. Perused the material

available on record.

5. The learned counsel for the appellants-claimants has

submitted that although the claimants, by way of evidence of

P.Ws.1 and 2, and Exs.A.1 to A.6, established the fact that the

death of the deceased-Venkatram @ Venkat Rao was caused in

a motor accident, the Tribunal awarded meager amount.

6. The learned Standing Counsel appearing on behalf of

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

Tribunal contending that considering the learned Tribunal has

awarded just and reasonable compensation and the same needs

no interference by this Court.

7. Admittedly, there is no dispute with regard to the manner

of accident and the involvement of the offending vehicle i.e.,

motorcycle bearing No.AP.25.H.8801.

8. With regard to the quantum of compensation, the

deceased was working as a labourer and earning Rs.3,300/-

and as such, the Tribunal ought to have taken the income of

the deceased at Rs.3,300/- instead of Rs.3,000/-. Further, in

the light of the principles laid down by the Apex Court in

National Insurance Company Limited Vs. Pranay Sethi and

others1, the claimants are also entitled to the future prospects

and since the deceased was aged about 50 years at the time of

accident, 10% of the income is added towards future prospects.

Then it comes to Rs.3,630/-. Since the deceased left as many

as three persons as the dependants, 1/3rd of his income is to

2017 ACJ 2700

be deducted towards his personal and living expenses. Then

the contribution of the deceased would be Rs.2,420/- per

month. Since the deceased was aged about 50 years at the

time of accident and this petition is filed under Section 163-A of

the Motor Vehicles Act, the appropriate multiplier would be

"11". Then the loss of dependency would be Rs.2,420/- x 12 x

11 = Rs.3,19,440/-. In addition thereto, under the

conventional heads, the claimants are granted Rs.77,000/- as

per the decision of the Apex Court in Pranay Sethi (supra).

Thus, in all, the compensation is enhanced to Rs.3,96,440/-,

as against Rs.2,22,000/- awarded by the Tribunal.

9. In the result, the M.A.C.M.A. is partly allowed by

enhancing the compensation amount awarded by the Tribunal

from Rs.2,22,000/- to Rs.3,96,440/-. 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, to be payable by the

respondents jointly and severally. The amount of compensation

shall be apportioned among the appellants-claimants in the

ratio as ordered by the Tribunal. The amount shall be

deposited within a period of one month from the date of receipt

of a copy of this order. On such deposit of compensation

amount by the respondents, the claimants are at liberty to

withdraw the same without furnishing any security. There

shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand

closed.

_______________________________ JUSTICE M.G.PRIYADARSINI 06.09.2022 pgp