Telangana High Court

Smt. Naginenin Pramada And 3 ... vs Sardar Nirmal Singh And Another on 8 September, 2023

Bench: K.Lakshman, K. Sujana

           HON'BLE SRI JUSTICE K. LAKSHMAN
                         AND
            HON'BLE SMT JUSTICE K. SUJANA

                   M.A.C.M.A No.1315 OF 2010
JUDGMENT: (as per Hon'ble Smt. Justice K. Sujana)

       This appeal is filed by the appellants/claimants for

enhancement of amount against the award passed by the

learned      XV     Additional       Chief      Judge-cum-I      Additional

Metropolitan Sessions Judge, Hyderabad in O.P.No.2431 of

2004, dated 02.08.2008.


2.     Heard      Sri   Kakara       Venkata        Rao,   learned   counsel

appearing on behalf of the appellants and Sri A. Rama

Krishna Reddy, learned counsel appearing on behalf of the

respondents.

3. Learned counsel for the appellant submitted that the

Tribunal has erred in holding that the driver of the Lorry was

not having valid driving license, despite the fact that the

Insurance Company did not adduce any evidence to prove the

said allegation and they did not even examine any person

connected with the document i.e., Ex.A9 - Attested copy of KL,J & SKS,J MACMA.No.1315 of 2010

Driving Licence of Lorry Driver. Learned counsel further

contended that the Tribunal ought to have taken into

consideration, the income declared under Ex.A.27 - Attested

copy of Saral Form for the assessment year 2004-2005 and

the income received under Ex.A.29 - Attested Xerox copy of

Form No.16 and also the income received from the Cinema

Theaters for calculating the loss of dependency. The Tribunal

also not applied proper multiplier and the reasons assigned

by the Tribunal are erroneous and unsustainable. Therefore,

he prayed this Court to enhance the compensation amount,

as prayed for.

4. Learned counsel for respondent No.2/Insurance

Company supported the award of the Tribunal and requested

this Court not to interfere with the same.

5. In the Tribunal, appellants filed petition claiming

compensation of Rs.68,00,000/- (Rupees Sixty Eight Lakhs)

for the death of Sri N. Madava Rao (hereinafter referred to as

'the deceased') in the motor accident dated 10.03.2004, which

happened due to rash and negligent driving of the Lorry KL,J & SKS,J MACMA.No.1315 of 2010

bearing No.HR 38G 0992 by its driver. On 10.03.2004, at

about 11:30 AM the deceased N. Madhava Rao and his

employee M. Raju were going in a Maruthi Car bearing No.

AP 0 AG 8979 towards Karimnagar from Hyderabad on left

side of the road and on reaching Alugunuru cross roads, one

Lorry bearing No. HR 38G 0992 with a load of cotton seeds

coming from Warangal side and going towards Karimnagar

side in a rash and negligent manner with high speed driven

by its driver, hit a road divider and climbed on it and in turn

fell on the Zen Car, in which the deceased and M. Raju were

travelling. Due to the said impact, the deceased and

M. Raju died on the spot. On receipt of complaint, the

concerned police took the investigation and filed Exs.A1 to A4

- Certified Copy of First Information, Certified Copy of Inquest

Panchanama, Certified Copy of Charge Sheet and Certified

Copy of F.M.E report and A7-scene of offence Panchnama.

The Tribunal decided that the accident occurred due to the

negligence of the Lorry driver.

6. Now, the Insurance Company is also not disputed the

negligence of the lorry driver in this appeal. Therefore, there KL,J & SKS,J MACMA.No.1315 of 2010

is no issue with regard to negligence on the part of the lorry

driver. The Tribunal assessed that income of the deceased

was basing on Ex.A24 and A25 which were filed by the wife of

the deceased. Basing on Ex.A24 and A25, which are income

tax returns, the income of the deceased is Rs.1,50,000/-

(Rupees One Lakh Fifty Thousand only) in an average,

wherein the contention of the claimants is that they

submitted all the documents to consider the income of the

deceased. The appellants filed income tax returns and also

income and balance sheets on various accounts and the

income was calculated basing on the income tax returns in

Ex.A24 and A25, in an average, income is taken as

Rs.1,50,000/- per annum. Therefore, there is no irregularity

in calculating the income as Rs.1,50,000/- per annum.

7. This Court is of the view that as there was no evidence,

the Tribunal has rightly taken Rs.1,50,000/- as the annual

income of the deceased. Hence, this Court is inclined to

consider the annual income of the deceased at Rs.1,50,000/-.

KL,J & SKS,J MACMA.No.1315 of 2010

8. The Hon'ble Apex Court in National Insurance Co.

Ltd. Vs. Pranay Sethi 1 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 25 percent of the

income is included as future prospects, the annual income

would come to Rs.1,87,500/- (Rupees One Lakh Eighty Seven

Thousand Five Hundred only). As the dependants are four

members, 1/4th of the income has to be deducted towards

personal expenditure, as per law laid down in Smt. Sarla

Varma Vs. Delhi Transport Corporation 2. Thus, the

annual contribution of the deceased to the claimants would

be of Rs.1,40,625/- (1,87,500-46,875). The appropriate

multiplier to be applied as per the decision of the Hon'ble

Apex Court in Sarla Verma's case is '13'. Thus, the annual

loss of dependency comes to Rs.18,28,125/- (Rupees

Eighteen Lakhs Twenty Eight Thousand One Hundred and

Twenty Five only). The claimants are entitled for the said

amount under the head of loss of dependency.

2017 (6) 170 (SC)

(2009) 6 S.C.C. 121 KL,J & SKS,J MACMA.No.1315 of 2010

9. As regards the consortium to be paid to the dependants

of the deceased is concerned, each one is entitled to

Rs.40,000/- towards consortium as decided by the Hon'ble

Apex court in National Insurance Company Limited Vs.

Pranay Sethi and others 3. With regard to the funeral

expenses and loss of estate, the claimants are entitled to

Rs.30,000/-.

10. In the light of the above mentioned discussion, the

claimants are entitled to the following amounts:

       Head                           Compensation awarded

(1) Loss of dependency                     Rs.18,28,125 /-

(2) Funeral expenses                       Rs.15,000/-

(3) Loss of Estate                         Rs.15,000/-



(4) Loss of consortium                     Rs. 1,60,000/-
       (40,000 x 4)

(5) Transportation                         Rs. 5,000/-

(6) Damage to clothing                     Rs. 1,000/-

       Total compensation awarded       Rs. 20,24,125 /-



    2017 ACJ 2700
                                                            KL,J & SKS,J
                                                  MACMA.No.1315 of 2010

(Rupees Twenty Lakhs Twenty Four thousand one hundred and twenty five only)

11. In the result, the appeal is partly allowed, enhancing the

compensation amount awarded by the Tribunal from

Rs.9,30,000/- (Rupees Nine Lakhs Thirty Thousand only) to

Rs.20,24,125/- (Rupees Twenty Lakhs Twenty Four thousand

one hundred and twenty five only). The enhanced amount

shall carry interest @ 7.5% per annum from the date of claim

petition till realization.

12. The respondents in MVOP.No.2431 of 2004 owner and

insurance company of the lorry are jointly liable to pay the

compensation and respondent No.2/insurance company shall

pay the amount and recover from the owner of the vehicle by