Ambothu Chandhi And 4 Ors vs N.Bichya Naik And Anr
2024 Latest Caselaw 2277 Tel

Telangana High Court

Ambothu Chandhi And 4 Ors vs N.Bichya Naik And Anr on 18 June, 2024

          THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A No.5114 OF 2008

JUDGMENT:

Aggrieved by the award dated 29.07.2008 in O.P.No.618

of 2006 passed by the Chairman, Motor Vehicle Accidents

Claims Tribunal-cum-I Additional District Judge, Nalgonda,

the appellants have filed this appeal for enhancement of the

compensation amount.

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

17.05.2006, while deceased was travelling along with his wife

and some others in an auto, a tractor and trailer which is

offending vehicle driven by its driver in a rash and negligent

manner with high speed came in the opposite direction and

hit the auto. As a result, the deceased sustained grievous

injuries and died on the spot.

5. The only ground raised by the learned counsel for the

appellants is that the deceased was working as a driver and

he was earning Rs.4,000/- per month. But, the trial judge,

without any basis, has considered the income of the deceased

as Rs.1,500/-.

6. Having gone through the record, it reveals that though

no document was filed to show that the deceased was

working as a driver, the original driving license of the

deceased was filed. Hence, this Court deems it appropriate to

consider the income of the deceased as Rs.4,000/-.

7. Accordingly, taking the income of the deceased at

Rs.4,000/, the annual income comes to Rs.48,000/-

p.a.(4,000x12). 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 32 years,

future prospects @ 40% has to be considered, which comes to

Rs.67,200/-(48,000+19,200). Out of which, 1/4th has to be

deducted towards his personal expenses, which comes to

Rs.50,400/-(67,200-16,800). In view of the judgment of the

2017(6) ALD 170 (SC)

Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi

Transport Corporation 2, as the deceased as aged about 32

years the appropriate multiplier would be '16'. Thus, loss of

dependency comes to Rs.8,06,400/- (Rs.50,400x16). In

addition, the appellants/claimants are entitled to

Rs.2,00,000/- (40,000x5) towards consortium (5 dependants,

Rs.40,000/- each). The appellants/claimants are also entitled

to Rs.30,000/- towards conventional heads, loss of estate

and funeral expenses. Thus, in total the claimants are

entitled to Rs.10,36,400/- (8,06,400+2,00,000+30,000).

8. In the result, the Motor Accident Civil Miscellaneous

Appeal is allowed enhancing the compensation awarded by

the Tribunal from Rs.2,13,500/- to Rs.10,36,400/-. 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.

2009(6) SCC 121

Miscellaneous applications, if any pending, shall stand

closed.

__________________ K.SURENDER, J Date : 18.06.2024 ssy