Telangana High Court
Bajaj Allianz General Insurance ... vs Smt. D. Laxmi Devi And 4 Others on 27 February, 2023
Bench: Lalitha Kanneganti
HON'BLE SMT. JUTICE LALITHA KANNEGANTI
M.A.C.M.A.No. 2819 of 2009
AND
M.A.C.M.A.No. 549 of 2010
COMMON JUDGMENT:
Aggrieved by the Award dated 04.04.2009 in
O.P.No. 2007 of 2007 on the file of the Motor Accidents Claims
Tribunal-cum-XVI Additional Chief Judge-cum-II Additional
Metropolitan Sessions Judge, Hyderabad, the Insurance Company
filed M.A.C.M.A.No. 2819 of 2009 and the claimants filed
M.A.C.M.A.No. 549 of 2010.
2. The claimants filed the above O.P. seeking compensation
of Rs.8,00,000/- for the death of one D. Nagappa (deceased) due to
the injuries sustained by him in a motor vehicle accident that
occurred on 10.07.2007. On that day, at about 10.45 a.m., near
Ludheran Church Petrol Bunk, Ravindrabharathi, Hyderabad,
while the deceased was going to DGP Office on foot, he met with
the accident. While undergoing treatment at Somalia General
Hospital, he succumbed to the injuries. According to the
claimants, the deceased was a retired Inspector of Police, drawing
a monthly pension of Rs.9,563/-. First claimant is the wife,
claimants 2 and 3 are daughter and son and the 4th claimant is
the father of the deceased.
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3. The owner of the crime vehicle as well as the Insurance
company filed their respective counter-affidavits denying the
averments of the claim petition.
4. The claimants in support of their case, examined P.Ws.1
and 2 and got marked Exs.A1 to A5. On behalf of the respondents,
R.Ws.1 to 3 were examined and Exs.B1 and B2 were marked.
5. The Tribunal after going through the entire material and
the evidence placed on record, held that the accident occurred due
to the rash and negligent driving on the part of the driver of the
crime auto and allowed the Claim Petition in part. As against the
claim of Rs.8 lacs, Rs.3,38,000/- was awarded with proportionate
costs and interest at 7.5% per annum from the date of petition till
the date of deposit and apportioned the amount among the
claimants.
6. Learned Standing Counsel for the Insurance Company Sri
A. Ramakrishna Reddy submits that the person driving the vehicle
has no driving licence at the time of accident. As the owner of the
vehicle allowed the person, who does not have the valid licence, to
drive the vehicle, the Insurance Company is not liable to pay the
compensation. The said aspect was not dealt with by the Tribunal.
He submits that compensation of Rs.3,38,000/- is excessive
against the claimed compensation of Rs.8 lacs.
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7. Learned counsel for the claimant Sri M.
Ramalingeswara Reddy submits that the Tribunal has taken the
monthly income of the deceased at Rs.4,500/- by deducting one-
third instead of taking the monthly income at Rs.10,000/- to
Rs.15,000/-. He submits that for his age, multiplier applicable is
'10', but the Tribunal has taken it as '8' and also the Tribunal
instead of granting interest at 9%, granted 7.5% only.
8. The deceased was a retired employee. He worked as
the Inspector of Police and was drawing monthly pension of
Rs.9,563/-. Even after the death of the husband, the 1st claimant
is receiving half of the pension. Hence, the income of the deceased
can be taken as Rs.4,782/-. As he was aged about 58 years, 15%
future prospects would come to Rs.717/- i.e. Rs.5,499 rounded off
to Rs.5,500/-. For twelve months it would be Rs.5,500 /- x 12 =
Rs.66,000/-. As there are four claimants, if one-fourth
(Rs.6,500/-) is deducted it would come to Rs. 49,500/-. As per the
judgment of the Hon'ble Apex Court in National Insurance
Company Limited v. Pranay Sethi1, the multiplier is taken as
'9'. Then it would come to Rs.4,45,000/-. For four claimants i.e.
wife, daughter, son and father, consortium is Rs.1,76,000/-,
funeral expenses are Rs.33,000/-. The total compensation would
come to Rs.6,54,500/-.
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(2017) 16 SCC 680
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9. In that view of the matter, the Appeal of the
Insurance Company i.e. M.A.C.M.A.No. 2819 of 2009 is dismissed.
No order as to costs.
10. The appellants in M.A.C.M.A.No.549 of 2010 are
entitled to the amount under the following heads:
Head Compensation awarded
(1) Loss of income Rs.4,45,500/-
(2) Consortium Rs.1,76,000/-
(3) Funeral expenses Rs.33,000/-
(4) Legal expenses Rs.10,000/-
(5) Total compensation Rs.6,64,500/-
11. In the result, M.A.C.M.A. No. 549 of 2010 is allowed
enhancing the compensation amount awarded by the Tribunal
from Rs.3,38,000/- to Rs.6,64,500/- as under:
(a) The enhanced amount shall carry interest at 7.5% p.a.
from the date of petition till the date of realization.
(b) The claimants are entitled to the amount as
apportioned by the Tribunal.
(c) The Insurance company shall deposit the amount
within a period of eight weeks from the date of receipt of
copy of judgment. On such deposit, claimants are
entitled to withdraw their proportionate share without
furnishing any security.
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12. Pending miscellaneous petitions, if any, shall stand
closed.
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LALITHA KANNEGANTI,J
27th February 2023
ksld
