Shaik Hussain Bee vs M. Ajay Reddy And Another
2024 Latest Caselaw 561 Tel

Citation : 2024 Latest Caselaw 561 Tel
Judgement Date : 12 February, 2024

Telangana High Court

Shaik Hussain Bee vs M. Ajay Reddy And Another on 12 February, 2024

           THE HON'BLE SRI JUSTICE K.SURENDER

                     M.A.C.M.A. No.886 OF 2008
JUDGMENT:

1. Appellant-claimant who is the wife of the deceased filed this

appeal against the Order and Decree dated 11.12.2007 in

O.P.No.665 of 2005 on the file of the Motor Accident Claims

Tribunal-Cum-I Additional District Judge, Nalgonda, where under

the Tribunal granted an amount of Rs.1,29,000/- towards

compensation along with interest @ 7.5% per annum as against the

claim of Rs.2,00,000/- on account of the injuries sustained by the

appellant in the motor vehicle accident occurred on 04.04.2005.

2. The manner of accident and the injuries sustained by the

appellant-claimant are not in dispute and the appellant 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 and the learned

counsel for the 2nd respondent-Insurance Company.

4. The case of the appellant is that on 04.04.2005, while the

deceased was travelling in an auto along with his family members, a

maruti car in the opposite direction came in a rash and negligent

manner with a high speed and dashed their auto resulting in

grievous injuries and fractures to the inmates of the auto. The

husband of the appellant herein died while undergoing treatment in

the Government Hospital.

5. Learned counsel for the appellant, submitted that the Tribunal

erroneously granted meager compensation and sought to enhance

the same.

6. The Tribunal has considered the income of the deceased as

Rs.1500/- per month which can be enhanced to Rs.3,000/- per

month (1/3rd deduction of the same comes to 2000. Adding 10%

future prospects comes to Rs.2,200/-). As such, the income is

arrived at Rs.2,64,000/- per annum. Applying multiplier '11' comes

to Rs.2,90,400/- (2,64,000x11).

7. Thus, this Court deems it appropriate to enhance the

compensation under various heads as follows:

                                       Awarded by        Awarded by
     Sl.No.     Name of Head             Tribunal         this Court
     01.    Annual                      Rs.96,000/-    Rs.2,90,000/-
            contribution of the
            deceased
     02.    Loss of                    Rs.33,000/-        Rs.77,000/-
            consortium, loss
            of estate and
            funeral expenses
                       TOTAL           Rs.1,29,000/-    Rs.3,67,000/-

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

allowed enhancing the compensation amount awarded by the

Tribunal from Rs.1,29,000/- to Rs.3,67,000/-. 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. There shall be no order as to

costs.

9. Miscellaneous petitions pending, if any, shall stand closed. No

costs.

__________________ K.SURENDER, J Date : 12.02.2024 dv