Kolle Gangu And 2 Others vs Sri Ramgiri Sagar And Another
2023 Latest Caselaw 4302 Tel

Citation : 2023 Latest Caselaw 4302 Tel
Judgement Date : 12 December, 2023

Telangana High Court

Kolle Gangu And 2 Others vs Sri Ramgiri Sagar And Another on 12 December, 2023

         THE HONOURABLE SMT. JUSTICE K. SUJANA
                      M.A.C.M.A.No.888 of 2008
JUDGMENT:

Feeling aggrieved and dissatisfied with the judgment and decree dated

10.05.2007 in O.P.No.1019 of 2004 passed by the Motor Accident Claims

Tribunal, (for short 'The Tribunal'), the appellant/claimant preferred the

present appeal.

2. Vide the aforesaid award, the Tribunal has awarded an amount of

Rs.4,04,000/- (Rupees Four Lakhs Four Thousand only) as compensation

with proportionate costs and interest at 7.5% per annum thereon from the

date of petition till the date of realization. The Tribunal directed

respondents to deposit the amount.

3. The appellants/claimants filed the claim petition before the Tribunal

under Section 166 (1) (c) of the Motor Vehicles Act, 1988 for an amount of

Rs.15,00,000/- (Rupees Fifteen Lakhs only) for the death of one Kolle

Chinna Bajanna in a Motor Vehicle accident.

4. Respondent No.1 is the owner of the auto bearing No. AP-25/U-6289

and respondent No.2 is the Insurance Company Limited.

5. Heard Sri Lakkadi Dayaker Reddy, learned counsel appearing for the

appellants as well as Sri S.A.V. Ratnam, learned counsel appearing on

behalf of the respondents.

SKS,J MACMA.No.888_2008

6. It is the specific contention of learned counsel for the appellants that

on 14.03.2004 while the deceased along with Gummula Posani and Gandla

Narsu Bai of pirprigaini was travelling in the auto bearing No.AP-25/U-6289

from Chengal to Armoor at about 06:30 P.M., when the auto reached the

limits of Mamidipally meanwhile, the driver of the auto drove at high speed

in rash and negligent manner lost control over the auto and dashed against

the motor cycle bearing No.AP-25/G-7340, later the auto went off the road

side and turned turtle. As a result, he sustained injuries and died on

20.03.2004 while undergoing treatment at Osmania General Hospital,

Hyderabad.

7. The Tribunal on consideration the entire evidence, both oral and

documentary, gave a finding that the accident had occurred due to rash and

negligent driving of respondent No.1 and the same vehicle is insured with

respondent No.2, as such, the Tribunal awarded an amount of

Rs.4,04,000/- payable by respondent Nos.1 and 2. Aggrieved by the

quantum, the claimants filed the present appeal.

8. There is no dispute with regard to the liability of the Insurance

Company. The only contention of learned counsel for the appellant is that

the amount awarded by the Tribunal is not sufficient. Now the point for

consideration is whether the appellant is entitled for enhancement of the

claim or not.

SKS,J MACMA.No.888_2008

9. Having regard to the rival submissions and on perusal of the material

available on record, it reveals that there is no dispute with regard to the

liability and negligence, so there is no need to discuss about the same.

He was doing agriculture and doing business in cattle, paddy and food

grains and was earning Rs.15,000/- per month and contributing his

earning to the appellants. On account of his death of the deceased his

life was shortened and that appellants were put to hardship the first

petitioner lost her son and second appellant lost her husband and third

appellant lost his father. Though it is stated that the deceased was

earning Rs.15,000/- per month, taking into consideration that the

accident occurred in the year 2004, the Tribunal has taken the monthly

income of the deceased as Rs.2,000/- per month and the claimants

failed to produce any evidence to show that the income that is derived by

the deceased is Rs.15,000/- per month.

10. This court has gone through the judgment of the Hon'ble Apex

Court in Ramachandrappa Vs. Manager, Royal Sundaram

Alliance 1, in the similar set of circumstances, where, the deceased

therein was a labourer and the Tribunal has rejected to consider

the monthly income of deceased as Rs.4,500/- and the Hon'ble

Apex Court has held that the labourer cannot produce any

(2011) 13 SCC 236

SKS,J MACMA.No.888_2008

evidence for his daily income and Rs.4,500/- is a reasonable

income. Hence, in this case also, it would be appropriate to

consider the monthly income of the deceased as Rs.4,500/-. As

such, the income of the deceased is taken as Rs.4,500/- per month. The

Hon'ble Apex Court in National Insurance Co. Ltd. Vs. Pranay Sethi 2

held that while considering the compensation in cases of death, the

future prospects of the self employed shall also be considered. Having

regard to the age and occupation as self-employed, if 40 percent of the

income is included as future prospects, the monthly income would come

to Rs.6,300/-(4,500+1,800). As the dependants are three members,

1/3rd of the income has to be deducted towards personal expenditure, as

per law laid down in Smt. Sarla Varma Vs. Delhi Transport

Corporation 3 . Thus, the annual contribution of the deceased to the

claimants would be of Rs.50,400/- (6,300-2,100x12). As per his age

i.e.40 years as on the date of accident, as per the post mortem

examination report, the appropriate multiplier would be '15', the total

amount comes to Rs.7,56,000/- (50,4000x15).

11. As there are three claimants, they are entitled to Rs.44,000/-

each towards loss of consortium, which would come to Rs.1,32,000/-

2017 (6) 170 (SC)

(2009) 6 S.C.C. 121

SKS,J MACMA.No.888_2008

(Rs.44,000 x3). Further the claimants are entitled for Rs.15,000/-

towards funeral expenses, Rs.15,000/- towards loss of estate and

Rs.5,000/- towards damage to clothes.

12. In the light of the above mentioned discussion, the claimants are

entitled to the following amounts:

                 Heads                   Compensation awarded


        Loss of dependency                   Rs.7,56,000/-

        Loss of consortium                   Rs. 1,32,000/-

         Funeral expenses                     Rs.15,000/-

           Loss of estate                     Rs.15,000/-

         Damage to clothes                    Rs.5,000/-

                 Total                       Rs.9,23,000/-

13. As appellant No.1/mother died during pendency of this appeal,

appellant No.2/wife of the deceased is awarded an amount of Rs.5,00,000/-

and appellant No.3/son of the deceased is awarded an amount of

Rs.4,23,000/-.

14. Accordingly, the appeal is allowed in part. The compensation amount

awarded by the Tribunal is hereby enhanced from Rs.4,04,000/- to

Rs.9,23,000/- (Rupees Nine Lakhs Twenty-Three Thousand only). The

SKS,J MACMA.No.888_2008

enhanced amount will carry interest at 7.5% p.a. from the date of passing of

award by the Tribunal till the date of realization, payable by respondents

jointly and severally after deducting the amount, if any, deposited earlier

within one (1) month from the date of receipt of certified copy of this