Telangana High Court
Pallati Ashwini And 4 Others vs T.Yellender And Another on 16 July, 2024
HON'BLE SRI JUSTICE K.SURENDER
MACMA.No. 2346 OF 2008
JUDGMENT:
1. The appellants are aggrieved by the compensation granted by
the Tribunal vide Order in O.P.No.273 of 2006, dated 28.05.2008,
present appeal is filed seeking enhancement of the compensation.
2. Petition was filed under Section 163-A of Motor Vehicles Act. It
was claimed by the appellants that the deceased was earning
Rs.40,000/- per annum. However, the Tribunal considered
Rs.15,000/- as the annual income and accordingly granted
compensation.
3. I.A.No.1 of 2004 is filed by the appellants praying to permit the
appellants to convert their claim under Section 163-A to Section
166 of Motor Vehicles Act, mainly on the ground that the evidence
was led before the Court below, as though it was a case under
Section 166 of Motor Vehicles Act. In fact, the proof of income was
filed and it was also shown that the auto driver in which the
deceased was traveling was at fault. He relied on the judgment of
this Court in the case of United India Insurance Co., Ltd. V.
Mokkala Chandramma and others (2003 ACJ 191), wherein this
Court had permitted amendment of the claim petition from Section
163-A to Section 166 of the Motor Vehicles Act.
4. Learned counsel also relied on the judgment of the Hon'ble
Supreme Court in the case of R.K.Malik v. Kiran Pal (2009)14 SCC
1) in which case, the Hon'ble Supreme Court had granted
compensation over and above the amount mentioned in II Schedule
of Motor Vehicles Act for the claim under Section 163-A. Learned
counsel also relied on the judgment in the case of Chinnathamani
v. Amman Granites (2020 ACJ 2677). The High Court of Madras
had granted future prospects in a petition filed under Section 163-
A.
5. On the other hand, learned counsel appearing on behalf of the
insurance company would submit that there cannot be any future
prospects in a claim made under Section 163-A of Motor Vehicles
Act since the Courts can only grant compensation in accordance
with the II Schedule of the Motor Vehicles Act. The wording in the
Section does not pave way for future prospects. He relied on the
judgment of High Court of Sikkim in MAC App No.10 of 2018, dated
04.04.2022 and the Hon'ble Division Bench of Sikkim Court held
that there cannot be any future prospects in a claim petition under
Section 163-A of Motor Vehicles Act. Further, the counsel relied on
the judgment of this Court in MACMA No.706 of 2010 in the case of
New India Assurance Company Limited v. Smt.Ummannagari
Akkamma and others, whereby this Court had reduced the
compensation granted by the Tribunal while confining to the limit
under Section 163-A. In the other judgment in M.A.C.M.A.No.1374
of 2016, this Court had declined to grant any future prospects in an
application filed under Section 163-A of the Motor Vehicles Act.
Counsel argued that the judgments are binding on this Court and
accordingly, prayed to dismiss the prayer of claims for considering
future prospects.
6. Having gone through the record, application seeking
amendment claim petition under Section 166 of Motor Vehicles Act
was filed after 16 years of the appeal being filed. I do not find any
reason to allow application. Accordingly, I.A.No.1 of 2024 is
dismissed.
7. Before the Court below, it was specifically claimed that the
deceased was earning Rs.40,000/- per annum. However, the Court
found that since there was no documentary evidence to support
income of the deceased, the income was confined to Rs.15,000/-
per annum. However, the Court found that the deceased was a
mason earning money to maintain his family financially. In the
said circumstances, the Court should not have restricted the
income of the deceased at Rs.15,000/-. In the present
circumstances of the case, this Court deems it appropriate to
consider the income of the deceased at Rs.40,000/- per annum and
accordingly grant compensation.
8. The Hon'ble Supreme Court in the case of Kurvan Ansari @
Kurvan Ali v. Shyam Kishore Murmu (Civil Appeal No.6902 of 2021,
dated 16.11.2021 held that though there were several reminders
and directions passed by the Hon'ble Supreme Court to amend II
Schedule, the same was not done. In the said circumstances, the
Hon'ble Supreme Court considered the income of non-earning
member as Rs.25,000/- though it is restricted to Rs.15,000/- under
II Schedule.
9. This Court finds that the Tribunal has committed an error in
considering the income at Rs.15,000/- per annum though on facts,
Tribunal concluded that the deceased was working as a mason and
taking care of his family. From the date of filing of the petition, it is
the claim of the petitioners that the deceased was earning
Rs.40,000/- per annum, the said quantum can be considered to
grant compensation.
10. Accordingly, considering the income of the deceased at
Rs.40,000/- per annum compensation can be granted. The age of
the deceased at the time of the accident is 43 years and the
appropriate multiplier applied for the persons of his age is 13 and
when the same is applied, it comes to Rs.5,20,000/- (Rs.40,000/-
x13). 1/3rd has to be deducted towards personal expenses of
deceased i.e, Rs.1,73,000/-. When the same is deducted, it comes
to Rs.3,47,000/- is towards loss of dependency. An amount of
Rs.80,000/-(Rs.40,000/- x 2) is granted to the children of the
deceased towards filial compensation. An amount of Rs.15,000/- is
granted towards funeral expenses. In all, the appellants are
entitled to Rs.4,42,000/- (Rs.3,47,000/- + Rs.80,000/- and
Rs.15,000/-.
11. In view of above, the respondents are directed to deposit an
amount of Rs.4,42,000/-(Rupees four lakhs forty two thousand
only) before the Tribunal with interest at the rate of 7.5% per
annum from the date of petition till realization The claimants are
directed to deposit the deficit court fee on the enhanced
compensation amount. The appellants are entitled to the
compensation as ordered by the trial Court.
12. Accordingly, Appeal is allowed. Consequently, miscellaneous
applications, if any, shall stand closed.
___________________
K.SURENDER, J
Date: 16.07.2024
kvs
