Bollu Ailamma And 3 Ors vs P.Bhaskar Rao And 3 Ors
2024 Latest Caselaw 2647 Tel

Citation : 2024 Latest Caselaw 2647 Tel
Judgement Date : 10 July, 2024

Telangana High Court

Bollu Ailamma And 3 Ors vs P.Bhaskar Rao And 3 Ors on 10 July, 2024

           THE HONOURABLE SRI JUSTICE K.SURENDER

                         M.A.C.M.A No.123 of 2010

JUDGMENT:

Aggrieved by the award dated 07.11.2008 in M.V.O.P.No.1366 of

2005 passed by the Motor Accident Claims Tribunal (District Judge) at

Khammam, the claimants have preferred this appeal seeking enhancement

of the compensation.

2. Heard Sri Kovvuri Krishna Kishore, learned counsel for the

appellants/claimants and Sri Kondadi Ajay Kumar, learned standing

counsel for the respondent No.4/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.1,52,000/- with interest @ 7.5% per annum from the date of petition till

the date of deposit with a direction that respondent Nos.1 and 2 are jointly

and severally liable to pay the 50% of said compensation and the remaining

50% compensation was directed to be paid by respondent Nos.3 and 4

jointly and severally.

4. The manner in which the accident has taken place and the liability

on the part of both the insurance companies and the owners of the vehicles

is not disputed.

KS, J MACMA_123_2010

5. The case of the claimants is that the deceased along with others

engaged an auto to attend the relatives funeral at Miryala village, Nethankal

Mandal. While they were returning, the driver of the auto drove it in a rash

and negligent manner and hit a stationed tractor trailer. The driver of the

tractor had parked the tractor on the road without taking any precautions to

indicate that the tractor was parked on the road.

6. The learned Tribunal found that the accident is on account of both

the vehicles since the auto driver in which the deceased was travelling had

drove it at high speed resulting in the accident. Further, the tractor was

stationary on the road and there was no indication put up by the driver of

the tractor for the benefit of other vehicle users to know that the tractor was

parked on the road.

7. 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.3,000/- per month and also produced salary

certificate under Ex.A6. This Court relying on the judgment of the Hon'ble

Apex Court in case of Ramachandrappa Vs. Manager, Royal Sundaram

Alliance 1, where the monthly income of the daily wage labourer is

considered at Rs.4,500/- without there being any evidence, is inclined to

(2011) 13 SCC 236 KS, J MACMA_123_2010

take the monthly income of the deceased at Rs.3,000/- as claimed by the

claimants.

8. The Hon'ble Apex Court in case of National Insurance Co. Ltd.

Vs. Pranay Sethi 2 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 as 44 years as on the date

of accident and occupation as self-employed, if 25 percent of the income is

included as future prospects, the monthly income would come to Rs.3,000/-

(Rs.3,000+750). As the dependants are four members, 1/4th of the income

shall be deducted towards personal expenditure, as per the authority in

Smt. Sarla Varma Vs. Delhi Transport Corporation 3, thus the annual

contribution of the deceased to the claimants would be Rs.33,750/-

(Rs.3,750-937.50X12). As per Schedule II of the Act, if the said annual

contribution arrived is multiplied with relevant multiplier to the age of the

deceased i.e. '14', the total amount comes to Rs.4,72,000/-. The claimants

are entitled for the said amount under the head of loss of dependency.

9. Further, under the conventional heads, the court below has granted

meager amounts. Relying on the ratio laid down in case of Pranay Sethi

(supra), the claimants are granted Rs.33,000/- towards funeral expenses and

2017 (6) 170 (SC)

(2009) 6 S.C.C. 121 KS, J MACMA_123_2010

loss of estate and further, each of the claimant is granted Rs.44,000/-

towards consortium. .

10. Therefore, the claimants are eligible for the compensation as

below:

      Head                                           Compensation awarded

  (1) Loss of dependency                             Rs.4,72,000

  (2) Funeral expenses and Loss of Estate            Rs.33,000
      Loss of Estate

  (3) Loss of parental consortium                    Rs.1,76,000 (for 1st to 4th
                                                     claimants)

      Total compensation awarded                     Rs.6,81,000/-

11. In the result, the Motor Accident Miscellaneous Appeal is allowed

enhancing the compensation amount awarded by the Tribunal from

Rs.1,52,000/- to Rs.6,81,000/- 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 50% of the amount and

respondent Nos.3 and 4 shall deposit the remaining 50% of the

amount within a period of (8) weeks from the date of receipt of KS, J MACMA_123_2010

copy of judgment. On such deposit, claimants are entitled to

withdraw the entire amount without furnishing the security.