M.Jayamma vs D.Devender And Anr
2024 Latest Caselaw 1777 Tel

Telangana High Court

M.Jayamma vs D.Devender And Anr on 30 April, 2024

          THE HON'BLE SRI JUSTICE K.SURENDER

                 M.A.C.M.A No.1079 OF 2013

JUDGMENT:

1. The appellant-claimant filed this appeal against the Order

and Decree dated 21.12.2012 in O.P.No.1154 of 2010 on the file of

the Motor Accidents Claims Tribunal-Cum-XV Additional Chief

Judge, City Civil Court, Hyderabad, where under the Tribunal

granted an amount of Rs.5,98,800/- towards compensation along

with interest @ 7.5% per annum as against the claim of

Rs.15,00,000/- on account of the injuries received by the

appellant in the motor vehicle accident occurred on 27.10.2009.

2. The manner in which the accident had taken place and the

injuries sustained by the appellant-claimant are not in dispute.

The appellant-claimant challenged the impugned award only on

the quantum of compensation awarded by the Tribunal.

Therefore, this Court is not inclined to go into other details other

than the quantum of compensation.

3. Heard the learned counsel for the appellant-claimant and

the learned counsel for respondent No.2-Insurance Company.

4. The claimant was injured in an accident on 27.10.2009.

While she was travelling in an Auto, the offending vehicle which is

a lorry came in a high speed and hit the Auto resulting in the

claimant and others falling down from the Auto and receiving

grievous injuries.

5. The appellant received four fractures and was treated in the

Kamineni Hospital at Basheerbagh.

6. Learned Tribunal having considered the evidence on record

calculated the notional income of the appellant at Rs.2,000/-p.m.

and adopted '12'.

7. The Hon'ble Supreme Court in Ramachandrappa vs. The

Manager, Royal Sundaram, Alliance Insurance Company

Limited 1, held that the income of a daily wage labour can be

considered at Rs.4,500/- per month. In view of the judgment of

the Hon'ble Supreme Court in Ramachandrappa's case, this

Court is inclined to fix the income of the appellant at Rs.4,500/-

p.m notionally. Further, the appropriate multiplier to be adopted

is '13'.

8. Accordingly, taking the income of the deceased at

Rs.4,500/-p.m., the annual income comes to Rs.54,000/-

p.a.(4,500x12). Further, in view of the judgment of the Hon'ble

Supreme Court in National Insurance Co. Ltd. Vs. Pranay

(2011) 13 SCC 236

Sethi 2, 25% has to be considered towards future prospects which

comes to Rs.67,500/-(54,000+13,500). Considering disability at

20%, the amount is arrived at Rs.13,500/-. As per the judgment

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

Transport Corporation 3, adopting the appropriate multiplier 13,

the total comes to Rs.1,75,500/-(13,500x13). In addition, the

appellant/claimant is entitled to Rs.5,00,000/- towards medical

expenditure, Rs.50,000/- towards pain and suffering and

Rs.25,000/- towards transport and attendant. Thus, the total

amount, the appellant is are entitled to is Rs.7,50,000/-.

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

is partly allowed enhancing the compensation awarded by the

Tribunal from Rs.5,98,800/- to Rs.7,50,000/-. The enhanced

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

petition till the date of realization. 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 : 30.04.2024 dv

2017(6) ALD 170 (SC)

2009(6) SCC 121

THE HON'BLE SRI JUSTICE K.SURENDER

M.A.C.M.A No.1079 OF 2013 Dt.30.04.2024

dv