Telangana High Court
Kolipaka Laxmi And 2 Others vs Madugula Venkat Reddy , Srinivas Reddy ... on 1 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.1407 of 2015
JUDGMENT:
The appellants-claimants, who are the parents and wife of the
deceased filed this appeal against the Order and Decree dated 15.10.2012
in O.P.No.105 of 2010 on the file of the Motor Accident Claims
Tribunal-Cum-District Judge, Karimnagar, where under the Tribunal
granted an amount of Rs.4,48,000/- along with interest @ 7.5% per
annum as against the claim of Rs.8,00,000/- on account of the death of
the deceased in the motor vehicle accident on 13.05.2008.
2. Heard learned counsel for the appellants and learned counsel for
respondents and perused the entire material on record.
3. The manner in which the accident had taken place and the liability
is not in dispute.
4. Briefly, the case of the claimants is that, on 13.05.2008, the
employer of the deceased, who was also having agriculture, engaged the
tractor-trailer, sent the deceased to bring paddy. On the way, after
crossing the gate, respondent No.1 drove the said tractor in a rash and
negligent manner with high speed due to which, the tractor turtle and the
deceased sustained fatal injuries. Immediately, while the deceased was
sifted to hospital, on the way, he died.
5. As the deceased was a labourer and was earning Rs.6,000/- per
month, according to claimants, this Court deems it appropriate to
consider the income of the deceased as Rs.4,500/-. The Tribunal has not
granted future prospects.
6. Accordingly, taking the income of the deceased at Rs.4,500/, the
annual income comes to Rs.54,000/-p.a.(4,500x12). Further, in view of
the judgment of the Hon'ble Supreme Court in National Insurance Co.
Ltd. Vs. Pranay Sethi 1, as the deceased was aged about 27 years, future
prospects @ 40% has to be considered, which comes to Rs.75,600/-
(54,000+21,600). Out of which, 1/3rd has to be deducted towards his
personal expenses, which comes to Rs.50,400/-(75,600-25,200). In view
of the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma Vs.
Delhi Transport Corporation 2, as the deceased was aged about 27 years
the appropriate multiplier would be '17'. Thus, loss of dependency
comes to Rs.8,56,800/- (Rs.50,400x17). In addition, the
appellants/claimants are entitled to Rs.1,20,000/- (40,000x3) towards
2017(6) ALD 170 (SC)
2009(6) SCC 121
consortium (3 dependents, Rs.40,000/- each). The appellants/claimants
are also entitled to Rs.40,000/- towards loss of estate and funeral
expenses. Thus, in total the claimants are entitled to Rs.10,16,800/-
(8,56,800 + 1,20,000 + 40,000).
7. In the result, the Motor Accident Civil Miscellaneous Appeal is
partly allowed enhancing the compensation awarded by the Tribunal
from Rs.4,48,000/- to Rs.10,16,800/-. The enhanced amount shall carry
interest @ 7.5% per annum from the date of petition till the date of
realization. The appellants are 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.
Miscellaneous applications, if any pending, shall stand closed.
_________________
K.SURENDER, J
Date: 01.07.2024
vsl
