B Mallaiah vs N Gangadhar 2 Others
2023 Latest Caselaw 8 Tel

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

                M.A.C.M.A. No. 2281 of 2015

JUDGMENT:

Being not satisfied with the quantum of

compensation awarded in the award and decree, dated

31.07.2014 made in O.P.No.118 of 2012 on the file of the

Chairman, Motor Accidents Claims Tribunal-cum-II

Additional District Judge, Karimnagar at Jagtial (for short

"the Tribunal"), the appellant/claimant preferred the

present appeal seeking enhancement of the compensation.

2. For the sake of convenience, the parties will be

hereinafter referred to as arrayed before the Tribunal.

3. The facts, in issue, are as under:

4. The claimant filed a petition under Section 163-A of

the Motor Vehicles Act, 1988 claiming compensation of

Rs.6,00,000/- for the death of his widowed issueless

daughter, who was staying with him. It is stated that on

22.07.2011 at about 7:00 p.m., while the deceased, along

with others, was traveling in a Car and when the car

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reached the outskirts of Thippannapet village, the said car

rammed to a stationed tractor-trailer, as it was parked it

on the middle of the road without taking any precautionary

measures like blinking parking indicators, keeping of

stones and plants around it as an indication of its parking

on the road. As a result, the deceased and other inmates

of the car sustained injuries and despite prolonged

treatment, the deceased died. The police registered a case

against the driver of the tractor-trailer and filed charge

sheet against him. It is further stated that the deceased

was aged about 25 years as on the date of accident and

was earning Rs.3,300/- per month as tailor and she used

to maintain the claimant, who was aged about 65 years,

and due to sudden demise of the deceased, the claimant

lost his source of income. Hence, the claimant has filed

the claim-petition against respondent Nos.1 to 3, who are

the driver, owner and insurer of the offending vehicle,

tractor-trailor.

MGP, J Macma_2281_2015

5. After considering the claim and the counters filed by

the respondents, and on evaluation of the evidence, both

oral and documentary, the learned Tribunal has partly

allowed the O.P. and awarded compensation of

Rs.3,76,400/- with interest at 7.5% per annum. Aggrieved

by the same, the present appeal has been filed by the

claimant, seeking enhancement of the compensation.

6. Heard both sides and perused the material available

on record.

7. The main contention raised by the learned counsel

appearing for the appellant/claimant is that since the

deceased was a widow, the Tribunal ought to have

deducted 1/3rd towards her personal expenses instead of

50% and therefore, prayed to enhance the compensation.

8. Learned Standing Counsel appearing for the

Insurance Company has submitted that the deceased is

the daughter of the claimant and as he is not dependant on

the deceased, the Tribunal has rightly deducted 50%

MGP, J Macma_2281_2015

towards personal expenses and therefore, prayed to

dismiss the appeal.

9. The finding of the Tribunal with regard to the manner

in which the accident took place has become final as the

same is not challenged by the respondents.

10. Insofar as the quantum of compensation is

concerned, the record reveals that the deceased was the

widowed daughter of the claimant and was residing with

him. As rightly contended by the learned counsel for the

claimant as the deceased was not a bachelor but widow,

the Tribunal ought to have deducted 1/3rd amount towards

personal expenses, but erroneously deducted 50% towards

her personal expenses. The Tribunal has rightly taken

the income of the deceased at Rs.39,600/- per annum as

the claim-petition was filed under Section 163-A of the

Motor Vehicles Act. Following Sarla Verma v. Delhi

Transport Corporation1, 1/3rd is to be deducted from the

income of the deceased towards personal expenses of the

2009 ACJ 1298 (SC)

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deceased. After deducting 1/3rd amount towards her

personal and living expenses, the contribution of the

deceased to the claimant would be Rs.26,400/- per

annum. Since the age of the deceased was 25 years at the

time of the accident, the appropriate multiplier is '18' as

per the II Schedule of the Motor Vehicles Act. Adopting

multiplier '18', the total loss of dependency works out to

Rs.26,400/- x 18 = Rs.4,75,200/-. Further, the claimant

is also entitled to Rs.20,000/- as awarded by the Tribunal

under the conventional heads. Thus, in all the claimant is

entitled to Rs.4,95,200/-.

11. Accordingly, M.A.C.M.A. is allowed in part. The

compensation amount awarded by the Tribunal is hereby

enhanced from Rs.3,76,400/- to Rs.4,95,200/-. The

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. Respondent Nos. 1 to 3 are jointly and

severally liable to pay the said compensation. Time to

deposit the entire compensation is two months from the

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date of receipt of a copy of this judgment. On such

deposit, the claimant is entitled to withdraw entire

compensation amount without furnishing any security.

There shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand

closed.

_____________________________ JUSTICE M.G.PRIYADARSINI 02.01.2023 Tsr

MGP, J Macma_2281_2015

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

M.A.C.M.A. No. 2281 of 2015

DATE: -12-2022