Smt. Jadhav Lalitha , Jadhav ... vs K. Vaman Rao And Another
2023 Latest Caselaw 2779 Tel

             THE HON'BLE SRI JUSTICE M. LAXMAN

     MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL
                  No.1583 OF 2008

JUDGMENT:

1. The present Motor Accident Civil Miscellaneous Appeal is

filed challenging the judgment and decree, dated 27.11.2007 in

O.P.No.1039 of 2002 on the file of the I Additional District Judge-

cum-Chairman, Motor Accidents Claims Tribunal, Nizamabad,

(hereinafter referred to as 'Tribunal'), whereunder the claim of

compensation for death of one Jadhav Suryakanth Rao

(hereinafter referred to as 'deceased') was partly allowed fixing

compensation at Rs.4,54,000/- with interest at 7.5% per annum.

The appellants/petitioners filed the present appeal seeking

enhancement of compensation.

2. The grievance of the appellants is that the Tribunal has not

properly fixed the monthly earnings and not properly calculated

amount of compensation. They also claimed that the amounts

awarded under various conventional heads require to be

enhanced.

3. Heard both sides.

4. The evidence on record shows that the appellants claim that

the deceased was earning an amount of Rs.6,000/- per month

towards salary by working as security guard in sugar factory and

they also claimed that the deceased was earning an amount of

Rs.8,000/- to Rs.10,000/- by working as labour contractor. The

evidence of P.W.1, who is wife of the deceased shows that the

deceased was getting an amount of Rs.2,600/- towards salary by

working as security guard and he was earning an amount of

Rs.4,000/- by doing labour contracts. The Tribunal has

disbelieved both versions since there is no evidence except the

service certificate under Ex.A-5 issued by Sarpanch,

G.S.Lingampally, who is no way concerned with the earnings of

the deceased. In the said circumstances, the Tribunal has fixed

the income of the deceased at Rs.3,000/- per month. Considering

the year of accident, such fixation of monthly income of the

deceased requires no interference and this Court confirms the

same.

5. The Tribunal has failed to consider future prospects in

income of the deceased. The deceased was aged about 27 years at

the time of accident. He is entitled for 40% addition on his

monthly income towards future prospects, as per the decision of

the Hon'ble Apex Court in the case of National Insurance

Company Limited V. Pranay Sethi 1. After addition of 40%, the

monthly income of the deceased comes to Rs.4,200/- [Rs.3,000/-

+ Rs.1200/- (40% of Rs.3,000/-)]. The annual income comes to

Rs.50,400/- (Rs.4,200/- X 12). All the appellants/petitioners are

dependents of the deceased. Hence, 1/4th of the annual income of

the deceased has to be deducted towards personal expenditure as

per the decision of the Apex Court in the case of Smt. Sarla

Varma V. Delhi Transport Corporation 2. After deduction of

1/4th towards personal expenditure, the annual loss of income of

the deceased comes to Rs.37,800/- [Rs.50,400/- - Rs.12,600/-

(1/4th of Rs.50,400/-)]. The deceased was aged 27 years. The

appropriate multiplier is 17 as per the decision of the Apex Court

in Sarla Varma case (cited 2nd supra), but the Tribunal has

wrongly considered the multipler as 18. After applying, 17

multiplier, the loss of earnings of the deceased comes to

Rs.6,42,600/- (Rs.37,800/- X 17). Therefore, this Court is

inclined to grant an amount Rs.6,42,600/- towards loss of

earnings of the deceased, which shall include Rs.4,32,000/-

already granted by the Tribunal.

(2017) 16 SCC 680

2009 (6) SCC 121

6. The Tribunal has awarded Rs.5,000/- towards funeral

expenses, which is very meager. Therefore, this Court is inclined

to grant an amount of Rs.15,000/- towards funeral expenses,

which shall include Rs.5,000/- already granted by the Tribunal.

7. The Tribunal has granted an amount of Rs.15,000/-

towards loss of consortium on the death of the deceased. This

Court is inclined to treat the said Rs.15,000/- towards loss of

estate of the deceased. The deceased was survived by wife, two

children and his parents, who are appellants herein. All of them

are entitled to Rs.40,000/- each towards consortium and the

same is hereby granted by this Court and the same comes to

Rs.2,00,000/-.

8. The total quantum of compensation after enhancements

granted by this Court comes to Rs. 8,72,600/- [loss of earnings:

Rs.6,42,600/- + funeral expenses : Rs.15,000/- + loss of estate :

Rs.15,000/- + loss of consortium : Rs.2,00,000/-].

9. In the result, the Motor Accident Civil Miscellaneous Appeal

is partly allowed and the quantum of compensation is enhanced

from Rs.4,52,000/- to Rs.8,72,600/-. The enhanced amount

shall carry interest at 7.5 % per annum from the date of filing of

the O.P. till the date of realization. Respondent Nos.1 and 2

herein are directed to deposit the enhanced amount to the credit

of O.P. along with accrued interest within a period of two months

from the date of receipt of a copy of this order as both of them are

jointly and severally liable. On such deposit, the appellants are

permitted to withdraw the entire amount in the proportions, as

fixed by the Tribunal. The enhanced amount shall be paid to the

appellants on payment of deficit Court fee, if any. There shall be

no order as to costs. Miscellaneous petitions pending, if any,

shall stand closed.

_____________________ JUSTICE M.LAXMAN Date: 27.09.2023.

GVR