Telangana High Court
Maddi Vishnuvardhan vs Yerraboina Yellaiah on 22 February, 2024
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU
M.A.C.M.A. NO.1521 OF 2019
JUDGMENT:
Being not satisfied with the compensation amount that was
awarded by the learned Chairman-cum-VII Additional District
Judge, Nalgonda (for short 'Tribunal') before whom the appellant
herein filed M.V.O.P.No.655 of 2012 for compensation of
Rs.5,00,000/- for the death of his elder sister, who died in a road
traffic accident, filed this appeal under Section 173 of the Motor
Vehicles Act, 1988 (for brevity 'the Act') and sought for
enhancement of the compensation.
2. Heard learned counsel for the appellant. Perused the
material available on record.
3. As could be seen from the material averments made in
the claim petition filed before the Tribunal, the appellant has
claimed that his sister was a brilliant student aged about 11 years
and she died in an untoward incident while travelling along with
their parents, thereby, being her legal representative, he sought
for compensation of Rs.5,00,000/-. After examining material, the
Tribunal having considered the contentions of both the parties
and placing reliance on Judgment in case of Kishan Gopal v.
Lala 1 treating the notional income of the deceased as Rs.15,000/-
and awarded a sum of Rs.2,00,000/- with interest at the rate of
6% per annum.
4. Learned counsel for the appellant while placing
reliance on a subsequent Judgment between Meena Devi v. Nunu
Chand Mahto @ Nemchand Mahto 2 and submitted that the
appellant is entitled to an amount of Rs.5,00,00/-.
5. As could be seen from the above referred Judgment,
the Hon'ble Apex Court while referring R.K. Malik v. Kiran Pal 3
wherein the Judgment in Lata Wadhwa v. State of Bihar 4 and
M.S.Grewal v. Deep Chand Sood 5 and was pleased to enhance
the compensation from Rs.2,00,000/- to Rs.5,00,000/-. The
Hon'ble Apex Court was also pleased to refer the Judgment
between Kurvan Ansari @ Kurvan Ali v. Shyam Kishore
Murmu 6 wherein a child aged about 7 years died in a road traffic
accident that took place on 06.09.2004, the Hon'ble Apex Court
while taking notional income of the deceased as Rs.25,000/- and
while applying multiplier '15' calculated the loss of dependency as
Rs.3,75,000/- and added Rs.55,000/- as conventional heads and
Manu/SC/0864
2022 Law Suit (SC) 1218
2009 14 SCC 1
2001 8 SCC 151
2001 8 SCC 197
2022 1 SCC 317
awarded a sum of Rs.4,74,000/-. The Hon'ble Apex Court was
pleased to observe that the principles laid down in the case of
Kishan Gopal (referred supra) can be applied in the case of death
of child about 12 years. The Hon'ble Apex Court while holding the
Judgment of Three-Judge Bench in the case of Nagappa v.
Gurdayal Singh 7, it was observed that under Motor Vehicles Act
there is no restriction that the Tribunal/Court cannot award
compensation exceeding the amount so claimed. Therefore, while
allowing the appeal the Hon'ble Apex Court enhanced the
compensation of Rs.3,00,000/- awarded by the High Court to
Rs.5,00,000/-.
6. The facts of the instant case on hand are aptly
applicable to the judgment cited supra. In this case, a girl who is
aged about 11 year died in a road traffic accident, therefore, if the
notional income is considered as Rs.25,000/- per annum and
even considering the Judgment of the Hon'ble Apex Court in
Sarla Verma v. Delhi Transport Corporation 8, the appellant
herein is entitled to a sum of Rs.5,00,000/-.
7. Under the discussion made hereinbefore, the appeal is
allowed in-part enhancing the compensation from Rs.2,00,000/-
2003 2 SCC 274
(2009) 6 SCC 121
to Rs.5,00,000/- with interest at the rate of 6% per annum from
the date of claim petition till the amount realized. As a
consequence thereof, appellant-Insurance Company shall deposit
the entire compensation amount with interest and costs, after
deducting the amount if any paid by them, within a period of eight
(8) weeks from the date of receipt of a copy of this judgment. On
such deposit, the claimant is permitted to withdraw the same in
terms of the award of the Tribunal, subject to the payment of
deficit Court fee, if any. The rest of the impugned Order holds
good. There shall be no order as to costs.
Pending miscellaneous application, if any, shall stand
closed.
___________________________________
JUSTICE SAMBASIVA RAO NAIDU
DATED 22.02.2024
YNK
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU
M.A.C.M.A. NO.1521 OF 2019
DATED 22.02.2024
YNK
