Telangana High Court
Battumekala Venkateswarlu And 5 Ors vs G.Venkateshwar Rao And Anr on 8 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.3466 of 2008
JUDGMENT:
Aggrieved by the award dated 18.09.2007 in O.P.No.1291 of 2002
passed by the Motor Accident Claims Tribunal (II Addl. District Judge)
(FTC), Khammam, the claimants have preferred this appeal seeking
enhancement of the compensation.
2. Heard Sri P. Ravi Shankar, learned counsel for the
appellants/claimants and Sri G.S.Prakash Rao, learned standing counsel for
the respondent/Insurance Company and perused the entire material on
record.
3. The claim petition was filed seeking compensation of an amount
of Rs.3,00,000/- and the Tribunal has granted compensation of
Rs.1,57,000/- with interest @ 7.5% per annum from the date of petition till
the date of payment in favour of claimant Nos.1 and 2 only.
4. The case of the claimants is that on 28.08.2002, while the
deceased was proceeding on his Yamaha motor cycle, the offending lorry
came in opposite direction at high speed and dashed against the motor cycle
resulting in death of the deceased.
5. The manner in which the accident has taken place and the liability
are not in dispute.
KS, J
MACMA_3466_2008
6. The learned counsel for the appellants would submit that the
Tribunal has granted compensation by calculating the annual income of the
deceased at Rs.15,000/- though it was claimed in the petition that the
deceased was earning Rs.5,000/- per month.
7. It was adduced during the course of evidence that the deceased
was working as Sale Executive in M/s. Sri Sai Nikhil and Nikhila
Enterprises, Kothagudem and earning Rs.5,000/- per month. Since
supporting documents regarding his employment were not produced, this
Court is inclined to take the notional income of the deceased at Rs.3,000/-
per month.
8. The Hon'ble Apex Court in case of National Insurance Co. Ltd.
Vs. Pranay Sethi 1 has held that while considering the compensation in
cases of death, the future prospects of the self employed shall also be
considered. Having regard to the age of deceased below 40 years as on the
date of accident and occupation as self-employed, if 40 percent of the
income is included as future prospects, the monthly income would come to
Rs.4,200/- (Rs.3,000+1,200). As per the decision of the Hon'ble Supreme
Court in Smt. Sarla Varma v Delhi Transport Corporation2, 50% of the
income has to be deducted towards personal expenses as the deceased was a
bachelor which comes to Rs.2,100/-. Thus the annual contribution of the
2017 (6) 170 (SC)
2009(6) SCC 121
KS, J
MACMA_3466_2008
deceased to the claimants would be of Rs.25,200/- (Rs.2,100X12). Though
the claimants has stated the age of the deceased as about 26 years, the
learned Tribunal on considering the evidence and material on record, has
taken the age of mother i.e. 43 years while computing the compensation. As
per Schedule II of the Act, the relevant multiplier for the age of the
deceased is '14'. Thus, the compensation under the head of loss of
dependency comes to Rs.3,52,800/- (Rs.25,200 X 14).
9. As regards the consortium to be paid, each claimant is entitled to
Rs.44,000/- towards consortium as decided by the Hon'ble Apex court in
case of Pranay Sethi (2 Supra). With regard to the funeral expenses and
loss of estate, the claimants are entitled for Rs.33,000/-.
10. Therefore, the claimant Nos.1 and 2 are eligible for the
compensation as below:
Head Compensation awarded
(1) Loss of dependency Rs.3,52,800
(2) Funeral expenses and Loss of Estate Rs.33,000
Loss of Estate
(3) Loss of filial consortium Rs.88,000 (for 1st and 2nd
claimants
Total compensation awarded Rs.4,73,800/-
KS, J
MACMA_3466_2008
11. In the result, the Motor Accident Miscellaneous Appeal is allowed
enhancing the compensation amount awarded by the Tribunal from
Rs.1,57,000/- to Rs.4,73,800/- as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the
date of petition till the date of realization.
(b) The claimants shall pay the court fee on the enhanced amount
of compensation.
(c) Respondent Nos.1 and 2 shall deposit the amount within a
period of (8) weeks from the date of receipt of copy of judgment.
On such deposit, claimants are entitled to withdraw the entire
amount without furnishing the security.
(d) Amounts shall be apportioned in terms of the ratio as decided
by the Tribunal in the Award.
Pending miscellaneous petitions, if any, shall stand closed. No
order as to costs.
_________________
K.SURENDER, J
Date: 08.07.2024
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