Erukala Agamaiah And Anr vs K.Nagarjun Reddy And Anr
2023 Latest Caselaw 1895 Tel

Citation : 2023 Latest Caselaw 1895 Tel
Judgement Date : 1 September, 2023

Telangana High Court

Erukala Agamaiah And Anr vs K.Nagarjun Reddy And Anr on 1 September, 2023

Bench: Nagesh Bheemapaka

       THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

                    M.A.C.M.A. No.1327 OF 2007
ORDER:

This appeal is filed by the appellant-claimant aggrieved by the

Judgment and Decree dated 15.02.2007 passed in O.P.No.964 of

2006 by the V Additional Metropolitan Sessions Judge (Mahila Court)

- Cum - XIX Additional Chief Judge, City Criminal Courts at

Hyderabad.

2. The brief facts of the case are that on 13.01.2006 the deceased

and his friends were proceeding on the Chetak Scooter towards

Siddalur village, when they reached near Thangadpally Village of

Chevella Mandal, a lorry bearing No.KA-39/4359 came from opposite

direction and dashed against the scooter, as a result, the deceased fell

down and sustained injuries. The deceased was shifted to Osmania

General Hospital and got treated as in-patient but he succumbed to

injuries on 14.01.2006. The deceased was a student and earning

Rs.4,000/- per month by doing labour work, because of his sudden

death, the petitioners who are dependants on his income have lost the

said income and support. The appellant filed aforesaid OP claiming

compensation against respondents, for the death of the deceased.

3. Before the Tribunal, the respondent No.1 remained exparte and

respondent No.2 filed written statement denying the averments of the

claim petition and contended that the amount claimed is excessive

and prayed to dismiss the claim petition.

4. After considering the oral and documentary evidence on record,

the Tribunal came to the conclusion that the accident occurred due to

the rash and negligent driving of the driver of the lorry and awarded

total compensation of Rs.1,22,500/- with interest @ 7.5% per annum

i.e., Rs.1,12,500/- towards loss of future income and Rs.5,000/- each

towards loss of love and affection. Dissatisfied with the quantum of

compensation, the appellants filed the present appeal, seeking

enhancement of the same.

5. As per Ex.A.3, post-mortem report, the age of the deceased is 15

and since no proof of age is produced, the age of the deceased can be

safely fixed at 15.

6. The view taken by the learned tribunal in fixing the earning

capacity of the deceased at the relevant time is not disputed in view of

the facts and circumstances. The stand adopted by the learned

tribunal in adopting the age of the mother of the deceased for

assessing the multiplier is not admissible in view of the various catena

of decisions delivered by the Hon'ble Apex Court. As the petitioners

being the parents of the deceased as dependents of the deceased and

since the deceased as a bachelor is not disputed, 50% of the income

has to be deducted towards personal living expenses of the deceased,

resultantly, the annual contribution of deceased to the petitioners

would be Rs.7,500/-. If this amount is multiplied with the multiplier

applicable to the age of the deceased i.e., 15, the sum comes to

Rs.1,12,500/- (Rs.7,500/- x 15). The petitioner is entitled for this

amount towards 'Loss of Dependency'.

7. Besides, the petitioners are also entitled for Rs.15,000/-

towards loss of estate; Rs.15,000/- towards funeral charges.

8. Further, the Hon'ble Supreme Court, by reiterating the

comprehensive interpretation to 'consortium' given in the authority of

Magma General Insurance co. Ltd. vs. Nanu Ram & ors. 1, in the

authority between United India Insurance Co. Ltd. vs. Satinder Kaur @

Satwinder Kaur and others 2 reinforced that the amounts for loss of

consortium shall be awarded to the children as parental consortium

for the loss of the parental aid, protection, security, love and affection

and filial consortium to the parents for the loss of love and affection

and companionship of their grown up children. Therefore, petitioners

being the parents of the deceased are entitled to Rs. 40,000/- each

towards filial consortium.

9. Thus, in total, the petitioners are eligible for the compensation as follows :

              DESCRIPTION                                            AMOUNT (Rs.)
Loss of Dependency                                                         1,12,500.00
Loss of Estate                                                               15,000.00
Funeral Charges                                                              15,000.00
Filial consortium to the petitioner                                          80,000.00
                                  TOTAL                                   2,22,500.00


10.        For the aforesaid reasons, the appeal is allowed in part.                     The

petitioners are awarded with the compensation of Rs.2,22,500/-

(Rupees two lakhs, twenty two thousand, five hundred only) with

interest @ 7.5% per annum with costs., from the date of petition till

date of realization;

i) the owner and insurer/respondents are jointly and severally

are liable to pay the compensation as they are directed to deposit the

(2018) 18 SCC 130

Civil Appeal No.2705 of 2020, dt.30.06.2020

awarded amount by setting of the amounts if any, within one month

from the date of receipt of a copy of this judgment;

(ii) on deposit of the awarded amount, the petitioners are

permitted to withdraw entire amount awarded in favour.