Shaik Altaf vs Sri Syed Mahmood Hussain And Another
2024 Latest Caselaw 3133 Tel

Telangana High Court

Shaik Altaf vs Sri Syed Mahmood Hussain And Another on 7 August, 2024

           THE HON'BLE SRI JUSTICE K.SURENDER

                   M.A.C.M.A No.1261 OF 2009

JUDMENT:

1.    This appeal is filed by the appellant questioning the

quantum of compensation granted by the Tribunal on account of

the injuries received in the motor vehicle accident occurred on

19.04.2003.


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

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

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

liability are in dispute.

4. On 19.04.2003, while the claimant was going on his bicycle

with one Shaik Ahmed Hussain and when they reached Binola

Village, the offending vehicle which is an Auto came in a rash and

negligent manner with high speed and dashed the bicycle from

behind, resulting in multiple grievous injuries to the

claimant/appellant.

5. Learned counsel appearing for the claimant submits that the

Tribunal has erred in considering the income of the claimant at

Rs.2,500/-p.m. though it was claimed that the claimant was

earning around Rs.15,000/-p.m. by doing business in cattle, goats

and sheep. He further submits that the Tribunal has not

considered granting of 40% future prospects, as per the judgment

of the Hon'ble Supreme Court in National Insurance Co. Ltd. Vs.

Pranay Sethi 1.

6. Except stating in Ex.A-9/charge sheet that the appellant

was doing mutton business in Binola village, no proof of income

was filed, this Court is inclined to fix the income of the deceased at

Rs.3,000/- per month notionally.

7. Accordingly, taking the income of the appellant at

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

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). In view of the judgment of the Hon'ble Supreme

Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 3,

the appropriate multiplier would be '18'. When applied '18'

multiplier, the amount comes to Rs.9,07,200/-(50,400x18).

Taking into consideration, 80% disability, the amount is arrived at

comes to Rs.7,25,760/-.

2017(6) ALD 170 (SC)

2017(6) ALD 170 (SC)

2009(6) SCC 121

8. Accordingly, this Court deems it appropriate to enhance the

compensation as follows.

                                     Awarded by              Awarded by
Sl.No.        Name of Head            Tribunal               this Court
   01.     Disability             Rs.4,08,000/-              Rs.7,25,760/-
                                 (Income @ Rs.2,500/-          (Income @
                                and disability at 80%)    Rs.3,000,disability at
                                                          80% including future
                                                               prospects)
     02.   Medical                   Rs.10,000/-              Rs.10,000/-
           expenditure
     03.   Pain and suffering        Rs.10,000/-              Rs.10,000/-
     04.   Extra nourishment         Rs.2,000/-               Rs.2,000/-
     05.   Loss of earnings          Rs.5,000/-               Rs.6,000/-
                                 Rs.4,35,000/-           Rs.7,53,760/-
     TOTAL

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

is partly allowed enhancing the compensation awarded by the

Tribunal from Rs.4,35,000/- to Rs.7,53,760/-. 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