D Padma And 5 Others vs Chhangalal Varma And Another
2024 Latest Caselaw 691 Tel

Citation : 2024 Latest Caselaw 691 Tel
Judgement Date : 19 February, 2024

Telangana High Court

D Padma And 5 Others vs Chhangalal Varma And Another on 19 February, 2024

        THE HON'BLE SRI JUSTICE K.SURENDER

      M.A.C.M.A Nos.991 OF 2015 & 3253 OF 2014

COMMON JUDMENT:

1.    MACMA.No.991 of 2015 is filed by the appellants-

claimants on behalf of the deceased against the Order and

Decree dated 10.06.2013 in O.P.No.2285 of 2010 on the file

of the Motor Accident Claims Tribunal-Cum-II Additional

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

Tribunal granted an amount of Rs.14,55,000/- towards

compensation along with interest @ 7.5% per annum as

against the claim of Rs.15,00,000/- on account of the death

of the deceased in the motor vehicle accident occurred on

18.06.2010. MACMA.No.3253 of 2014 is filed by the 2nd

respondent-Insurance      Company       questioning    the

compensation granted by the Tribunal.

2. Heard learned counsel for the claimants and learned

counsel for the respondent-Insurance Company and perused

the record.

3. Since both the appeals are filed on the very same

findings of the Tribunal, both are heard together and

disposed off by way of this common order.

4. The case of the deceased is that while he was traveling

to Kurnool in Tavera Chevrolet vehicle bearing No.AP-9BG-

7208 driven by one U.Subrahmanyam, when the said vehicle

reached Manopad, the driver of the said vehicle drove in a

rash and negligent manner at a high speed and lost control of

the vehicle, resulting in the vehicle turning turtle and

consequently the death of the deceased after having received

injuries.

5. The claim was made on the ground that the deceased

was earning Rs.20,000/-p.m. In proof of income, letters

issued by the private persons certifying that their children

were being taken in the Omni vehicle of the deceased to the

school and getting them back, for which reason, they were

paying different amounts were filed. Exs.A-8 to A-12 are the

said letters. Insofar as certificate under Ex.A-10 is

concerned, the witness was examined as P.W.3 who was

working as head constable in Intelligence Department. He

stated that his two children were being taken by the deceased

and brought back from school and an amount of Rs.4,000/-

was being paid. Though the claim of income of Rs.20,000/-

was made before the Tribunal, the Tribunal calculated the

income at Rs.10,000.-

6. Learned counsel appearing for the Insurance Company

would submit that the deceased was a gratuitous passenger

in the Tavera vehicle and his claim for compensation cannot

be considered since the policy was not taken for the said

passengers in the vehicle. The only reason given by the

learned counsel is that addresses of the driver and the

deceased were different. Only on the basis of different

addresses, it cannot be said that the deceased was a

gratuitous passenger in the said vehicle. The said ground

raised is not accepted.

7. Insofar as future prospects and multiplier is concerned,

the Tribunal had taken the multiplier as '16', however, the

multiplier should be '17' in view of the judgment of the

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

Transport Corporation 1. Further, in view of the judgment of

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

2009(6) SCC 121

Vs. Pranay Sethi 2, 40% has to be considered towards future

prospects.

8. Thus, the appellant is entitled to 40% on the income of the

deceased towards future prospects (Rs.14,000+33600) which

comes to Rs.1,68,000/-(Rs.14,000x12). Deduction of 1/4th

towards his personal expenses comes to Rs.1,26,000/-

(Rs.1,68,000-42,000(1,68,000x1/4)). Applying appropriate

multiplier '17', it comes to Rs.21,42,000/-(1,26,000x17).

9. The compensation is accordingly enhanced under

various heads as follows:

                                        Awarded by              Awarded by
    Sl.No.        Name of Head            Tribunal              this Court
       01.    Loss of future          Rs.14,40,000/-         Rs.21,42,000/-
              income with
              future prospects
      02.      Loss of                    Rs.5,000/-           Rs.2,64,000/-
               consortium (6
               claimants)
      03.      Loss of estate &           Rs.10,000/-            Rs.36,300/-
               funeral expenses
                                     Rs.14,55,000/- Rs.24,42,300/-
      TOTAL

10. In the result, the MACMA.No.991 of 2015 is allowed

enhancing the compensation amount awarded by the

Tribunal from Rs.14,55,000/- to Rs.24,42,300/-. The

2017(6) ALD 170 (SC)

enhanced amount shall carry interest @ 7.5% per annum.

The appellants are permitted to withdraw the entire amount

of compensation, on payment of deficit Court fee.

11. During the pendency of the appeal, claimant No.6

died. In the said circumstances, the wife of the deceased

would be entitled for the share of claimant No.6. Except

this, the award of the Tribunal shall remain same on all other

aspects.