The National Insurance Co Ltd., ... vs Gangidi Shobha, Warangal Dist 4 ...
2023 Latest Caselaw 1137 Tel

Citation : 2023 Latest Caselaw 1137 Tel
Judgement Date : 10 March, 2023

Telangana High Court

The National Insurance Co Ltd., ... vs Gangidi Shobha, Warangal Dist 4 ... on 10 March, 2023

Bench: Namavarapu Rajeshwar Rao

                                    1                             RRN,J
                                                           MACMA No.2514 of 2014


     THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

                         MACMA NO. 2514 OF 2014

JUDGMENT:

The present M.A.C.M.A is filed by the appellant/respondent

No.2/Insurance Company under Section 173 of the Motor Vehicles

Act, 1988, aggrieved by the order and decree dt.15.12.2012 passed

in M.V.O.P. No.1247 of 2009 by the Chairman, Motor Accidents

Claims Tribunal-cum- II Additional District Judge, Warangal (for

short 'the Tribunal).

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

they were arrayed before the Tribunal.

3. Brief facts of the case are that the claim petition was filed

by the petitioners for Rs.11,00,000/- on account of the death of one

G. Laxma Reddy (hereinafter referred to as 'the deceased') and the

Tribunal awarded Rs.5,51,000/- to the petitioners, and aggrieved by

the quantum, the present appeal is filed by the 2nd

respondent/Insurance company.

4. Heard both sides and perused the record. Though the

matter is posted for hearing, none appeared on behalf of the

respondents; hence, their arguments are treated as Nil.

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                                                       MACMA No.2514 of 2014

5. There is no dispute with regard to the manner in which

the accident occurred, resulting in the deceased to succumb to the

injuries, including the fact that the deceased contributed 50%

negligence. The learned Counsel appearing for the 2nd

respondent/Insurance Company had contended that the Tribunal

failed to deduct the personal expenses of the deceased and prayed to

reduce the compensation.

6. The Tribunal fixed the monthly income of the petitioner

at Rs.3,000/- and this Court is inclined to re-fix the same at

Rs.4,500/- in view of the decision of the Hon'ble Supreme Court in

Ramchandrappa vs Manager, Royal Sundaram Alliance

Insurance Co. Ltd.1. To this, 40% future prospects are added as

the deceased was aged 39 years. Thus, the monthly income of the

deceased is Rs.4,500/- + 40% = Rs.6,300/- and annually it comes to

Rs.75,600/- (Rs.6,300/- x 12). As rightly claimed by the respondent

no.2, deduction towards personal expenses is to be applied. As the

dependants are 4 in number, 1/4th amount from the annual income

is to be deducted and the same is to be multiplied with '15' as per

National Insurance Company Ltd. Vs. Pranay Sethi2. Thus, the

total loss of dependency would come to Rs.75,600 x ¾ x 15 = Rs.

8,50,500/-. The petitioners are further entitled to Rs.77,000/-

1( 2011 ) 13 SCC 236 2 (2017) 16 SCC 680.

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                                                                        MACMA No.2514 of 2014

(Rs.40,000/- + 15,000 + Rs.15,000/- + 10%) towards loss of spousal

consortium, loss of estate and funeral expenses as per Pranay

Sethi (supra). The amount awarded towards Ex.A7/medical bills at

Rs.5,40,000/- stands the same.

7. In all, the petitioners are entitled to Rs. 14,67,500/-

towards compensation. However, they are awarded only

Rs.7,33,750/- in view of deduction of 50% due to the contributory

negligence of the deceased.

8. With regard to enhancement of compensation in an

appeal filed by the Insurance Company, this court is relying upon

the decision of Hon'ble Supreme Court in Ranjana Prakash Vs

Divisional Manager3. A careful reading of the said decision would

reveal that an Appellate Court is enabled/empowered to pass any

order which ought to have been passed by the trial Court even if the

claimant had not filed any appeal or cross-objection and the

Appellate Court is vested with the duty to do complete justice to the

parties. As such, no irregularity would arise in the event the

awarded compensation is enhanced. In National Insurance Co.

Ltd. vs. Alwin Lobo and Ors.4, the Hon'ble High Court of Karnataka

while enhancing the compensation in an appeal filed by the

Insurance Company, has observed as follows:

MANU/KA/5031/2022 4 RRN,J MACMA No.2514 of 2014

"17. Now, coming to the aspect of invoking Order 41Rule 33 of C.P.C. to award just and reasonable compensation, it is settled law that in an appeal filed by the Insurance Company, the Court can invoke Order 41, Rule 33 of C.P.C., if injustice is caused to the victim or deceased while awarding compensation. ............ Hence, it is a fit case to exercise the powers under Order 41, Rule 33 of C.P.C. to enhance the compensation."

As such, no irregularity would arise in the event the

compensation amount is enhanced.

9. Resultantly, the M.A.C.M.A is dismissed. However, the

compensation amount is enhanced from Rs.5,51,000/- to

Rs.7,33,750/- (Rupees Seven Lakh, Thirty Three Thousand, Seven

Hundred and Fifty only) with interest at 7.5% p.a. The

appellant/respondent No.2 is directed to deposit the compensation

amount after deducting the amount, if any, already deposited, within

three months from the date of receipt of a copy of this order. The

manner in which the awarded amount to be apportioned is in the

same ratio as directed by the Tribunal. There shall be no order as to

costs.