Ega Aruna Devi vs Komuravelli Dayakar And Anr
2024 Latest Caselaw 3098 Tel

Telangana High Court

Ega Aruna Devi vs Komuravelli Dayakar And Anr on 5 August, 2024

          THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A No.2752 OF 2008

JUDGMENT:

1. The appellant-claimant who is the mother of the deceased,

dissatisfied with the compensation granted by the Tribunal

preferred this appeal seeking enhancement of compensation.

2. Heard the learned counsel for the appellant and the learned

counsel appearing for 2nd respondent-Insurance Company.

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

liability of the Insurance Company is not in dispute.

4. On 30.12.2005, while the deceased was returning home on

his two wheeler, the offending vehicle which is a car hit the vehicle

of the deceased at a high speed in the opposite direction resulting

in the deceased falling down and receiving injuries and died on the

next day in the hospital.

5. The ground raised by the learned counsel for the appellant

is that though it was claimed that deceased was earning

Rs.3,000/- p.m., the Tribunal without assigning any reason,

considered the income of the deceased at Rs.2,200/-p.m. Further,

the multiplier that was adopted should be considering the age of

the deceased, not the age of the mother of the deceased. In

support of his contention, he relied on the judgment of the Hon'ble

Supreme Court in Haresh Shantilal Avlani v. New India

Assurance Co. Ltd. 1

6. Keeping in view that the deceased was an Electrician, his

income can be considered at Rs.3,000/-p.m.

7. Accordingly, taking the income of the deceased at

Rs.3,000/-p.m., the annual income comes to Rs.36,000/-

p.a.(3,000x12). Further, in view of the judgment of the Hon'ble

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

Sethi 2, 40% has to be considered towards future prospects which

comes to Rs.50,400/-(36,000+14,400). Out of which, 1/2 has to

be deducted towards his personal expenses, which comes to

Rs.25,200/-(50,400-25,200). As per the judgment of the Hon'ble

Supreme Court in Smt.Sarla Varma Vs. Delhi Transport

Corporation 3, adopting the appropriate multiplier 20, the total

comes to Rs.4,53,600/-(25,200x18). In addition, the

appellant/claimant is entitled to Rs.40,000/- towards consortium,

Rs.15,000/- towards loss of estate and Rs.15,000/- towards

funeral expenses. Thus, the appellant is entitled for an amount of

Rs.5,23,600/- towards compensation (4,53,600 +40,000+ 15,000+

15,000).

Law Finder DocId#2528019

2017(6) ALD 170 (SC)

2009(6) SCC 121

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

is allowed enhancing the compensation awarded by the Tribunal

from Rs.1,39,000/- to Rs.5,23,600/-. The enhanced amount shall

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

date of realization. The appellant is 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 : 05.08.2024 dv