Akthari Begum And 9 Others vs Abdul Azeez And Another
2024 Latest Caselaw 3132 Tel

Telangana High Court

Akthari Begum And 9 Others vs Abdul Azeez And Another on 7 August, 2024

         THE HON'BLE SRI JUSTICE K.SURENDER

                   M.A.C.M.A No.145 OF 2009

JUDMENT:

1.    The appellants who are the dependants of the deceased

filed this Appeal questioning the meagre compensation granted

by the Tribunal.

2.    Heard the learned counsel for the appellants and the

learned counsel for respondent No.2-Insurance Company and

perused the record.

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

the liability is not in dispute.

4. According to the version of the claimants/appellants, the

deceased who is the husband of 1st appellant while going by the

side of the road on foot on 25.11.2004, the offending vehicle

which is a lorry tipper came at high speed and hit him resulting

in the deceased falling down and the front wheel of the lorry ran

over him causing serious injuries and thereafter died on the

same day on the way to hospital.

5. It was pleaded by the claimants before the Tribunal that

the deceased was an Electrician and earning around

Rs.10,000/-p.m., however, since no documentary evidence or

proof was filed regarding income, the Tribunal deemed it

appropriate to consider the income of the deceased at

Rs.42,000/-p.a. Keeping in view the observations made by the

Hon'ble Supreme Court in Ramachandrappa vs. The

Manager, Royal Sundaram, Alliance Insurance Company

Limited 1, this Court is inclined to fix the income of the

deceased at Rs.4,000/-p.m notionally and grant compensation

accordingly.

6. Accordingly, the income of the deceased is considered at

Rs.4,000/-p.m. Out of which, 1/5th has to be deducted towards

his personal expenses, which comes to Rs.3,200/-p.m.(4,000-

800). Accordingly, the annual income comes to Rs.38,400/-p.a.

(3,200x12). 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 '9'. When

applied '9' multiplier, the amount comes to Rs.3,45,600/-

(38,400x9). In addition, the claimants are entitled for an

amount of Rs.90,000/-towards loss of consortium and an

amount of Rs.30,000/- towards loss of estate and funeral

expenses. Thus, the total compensation, the claimant is

entitled to is Rs.4,65,600/-(3,45,600+90,000+30,000).

(2011) 13 SCC 236

2009(6) SCC 121

7. In the result, the Motor Accident Civil Miscellaneous

Appeal is partly allowed enhancing the compensation awarded

by the Tribunal from Rs.1,47,000/- to Rs.4,65,600/-. 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 : 07.08.2024 dv