Telangana High Court
Bittu Nagamani And 4 Ors, Nalgonda ... vs K. Subba Raju And Anr, Hyderabad on 16 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.333 of 2010
JUDGMENT:
This appeal is filed by the claimants aggrieved by the
order and decree dated 18.09.2009 passed by the learned III
Additional District Judge (FTC), Nalgonda (for short, 'the
trial Court') in O.P.No.955 of 2004, seeking enhancement of
compensation granted by the trial Court. The claimants are
aggrieved by the meagre compensation granted by the trial
Court.
2. Heard learned counsel appearing on either side and
perused the material available on record.
3. The accident of the deceased had taken place on
08.08.2004 while he was driving a Hero Honda Motor Cycle.
The offending vehicle which is 14 tyres lorry came in a high
speed and driven by its driver in a rash and negligent
manner, dashed against the motor cycle causing grievous
and multiple injuries to the deceased all over the body and
he died on the spot.
4. The manner in which the accident had taken place
and the liability are not disputed by the Counsel on both
sides.
5. The grounds raised by the learned counsel appearing
for the claimants is that the trial Court has not considered
granting of 40% future prospects, as per the judgment of
the Hon'ble Supreme Court in National Insurance Co. Ltd.
Vs. Pranay Sethi 1, the consortium has also to be awarded
and further the multiplier applied by the trial Court is not
appropriate.
6. Insofar as the deduction towards personal and living
expenses is concerned, the deceased was married and
survived by wife and his two children. Therefore, the total
dependents are three (03) in number. As per the decision of
the Hon'ble Supreme Court in Sarla Verma and Others v.
Delhi Transport Corporation and another 2, the standard
deduction towards personal and living expenses of the
deceased should be one-third.
7. With regard to the multiplier, as per the decision of the
Hon'ble Supreme Court in Sarala Verma (1 Supra), the
appropriate multiplier is '16' as the deceased age fell under
the age group of 31 to 35 as on the date of accident.
8. The Hon'ble Supreme Court in Anjali and others v.
1 2017(6) ALD 170 (SC)
2 (2009) 6 SCC 121
Lokendra Rathod and others 3, decided on 06.12.2022,
taking into consideration the decision of Sarla Verma
(supra) and also the case of Pranay sethi (supra) and also
taking into consideration the rise in expenditure and cost of
living, has awarded a sum of Rs.44,000/- towards loss of
consortium.
9. In view of the above discussion, the compensation
amount is enhanced as under:
Sl.No. Head Compensation awarded
1 Income Rs.3,000/- per month
(Rs.36,000/- per annum)
2 Future prospects Rs.14,400/-
(40% of income)
3 Total income Rs.50,400/-
4 Deduction towards Rs.16,800/-
personal expenses (i.e., 1/3 of total income )
5 Net Income Rs.33,600/-
(i.e.,Rs.50,400/-(-)
Rs.16,800/-)
7 Loss Rs.5,37,600/-
of dependency (i.e., Rs.33,600/- x 16)
8 Consortium Rs.1,32,000/-
(Rs.44,000/- x 3)
9 Funeral expenses Rs.15,000/-
10 Loss of estate Rs.15,000/-
Total Rs.6,99,600/-
compensation
to be paid:
3 2023 (1) ALD 107 (SC)
10. At this stage, learned Standing Counsel for the
Insurance Company submits that the claimants claimed
only a sum of Rs.5,00,000/- as compensation and the
quantum of compensation, which is now awarded, would go
beyond the claim made which is impermissible under law.
11. In view of the judgments of the Hon'ble Supreme Court
in Laxman @ Laxman Mourya v. Divisional Manager,
Oriental Insurance Company Limited and another 4 and
Narappa v. Gurudayal Singh 5 the claimants if entitled to
get more amount than what they have claimed, such
compensation amount can be granted. Further, Motor
Vehicles Act, being a beneficial piece of legislation, the
interest of the claimants shall be given paramount
consideration and the Courts should always endeavor to
extend just and reasonable benefit to the claimants.
12. In the result, the Motor Accident Civil Miscellaneous
Appeal filed by the claimants is allowed, enhancing the
compensation amount awarded by the trial Court from
Rs.2,11,000/- to Rs.6,99,600/- as hereunder:
(a) The enhanced amount shall carry interest at the
4 (2011) 10 SCC 756
5 2003 ACJ 12 (SC)
rate of 7.5% per annum from the date of petition till
the date of realization.
(b) The insurance company shall deposit the
compensation amount within a period of eight (8)
weeks from the date of receipt of a copy of judgment.
On such deposit, the claimants are permitted to
withdraw their proportionate shares without
furnishing any security, after depositing the deficit
Court-fee. The rest of the impugned Order holds good.
There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand
closed.
________________________
JUSTICE K.SURENDER
Date: 16.07.2024
vsu
