Maroni Bai vs Mr. Janakraj Brijlal Khurana
2024 Latest Caselaw 1505 Tel

Telangana High Court

Maroni Bai vs Mr. Janakraj Brijlal Khurana on 15 April, 2024

          THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A No.3164 OF 2008

JUDGMENT:

1. The appellants-claimants, who are the children, wife and

parents of the deceased filed this appeal against the Order and

Decree dated 10.05.2007 in O.P.No.750 of 2005 on the file of the

Motor Vehicles Accident Claims Tribunal-Cum-Principal District

Judge, Medak at Sangareddy, where under the Tribunal granted

an amount of Rs.1,59,000/- towards compensation along with

interest @ 7.5% per annum as against the claim of Rs.5,00,000/-

on account of the death of the deceased in the motor vehicle

accident occurred on 11.07.2005.

2. Heard the learned counsel for the appellants and the

learned counsel appearing for 2nd respondent-Insurance Company.

3. On 11.07.2005 at about 4:30 a.m. while the deceased was

travelling by bus from Badnera to Loni, the offending vehicle

which is also a bus came at a high speed in a rash and negligent

manner and dashed against the bus in which the deceased was

travelling, resulting in his death.

4. The manner of accident is not in dispute. However, the

appellants are mainly aggrieved on the quantum of compensation

granted by the Tribunal which is meagre. Further, the other

grounds raised are that appropriate multiplier '14' was not

considered and 1/3rd deductions are considered instead of 1/5th

and consequently consortium was also not considered.

5. The Tribunal considered the income of the deceased at

Rs.3,000/-p.m. The Hon'ble Supreme Court in

Ramachandrappa vs. The Manager, Royal Sundaram,

Alliance Insurance Company Limited 1 held that income of a

daily wage labour can be considered at Rs.4,500/- per month. In

view of the said judgment, this Court is inclined to fix the income

of the deceased at Rs.4,500/-p.m notionally. Out of which, 1/5th

has to be deducted towards his personal expenses, which comes to

Rs.3,600/-p.m.(4,500/-900/-). Accordingly, the annual income

comes to Rs.43,200/-p.a. (3600x12). In view of the judgment of

the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi

Transport Corporation 2, the appropriate multiplier would be

'14'. When applied '14' multiplier, the amount comes to

Rs.6,04,800/-(43,200x14). In addition, the claimants are also

entitled for an amount of Rs.3,52,000/- towards loss of

consortium (wife, 5 children and parents Rs.44,000/- each).

(2011) 13 SCC 236

2009(6) SCC 121

Thus, the total compensation, the claimants are entitled to is

Rs.9,56,800/-(6,04,800+3,52,000).

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

is allowed enhancing the compensation awarded by the Tribunal

from Rs.1,59,000/- to Rs.9,56,800/-. The enhanced amount shall

carry interest @ 7.5% per annum from the date of petition till the

date of realization. The appellants are permitted to withdraw the

entire amount of compensation, on payment of deficit Court fee.

Except the above enhancement, the award of the Tribunal shall

remain same on all other aspects. Miscellaneous applications, if

any pending, shall stand closed.

__________________ K.SURENDER, J Date : 15.04.2024 dv