Telangana High Court
M. Salamma And 5 Others vs B. Yadaiah And Another on 13 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.400 OF 2012
JUDGMENT:
This appeal is filed by the appellants-claimants aggrieved
by the order, dated 06.03.2006 in O.P.No.1133 of 2003 passed
by the I-Additional Metropolitan Sessions Judge, Hyderabad-
cum-XV Additional chief Judge, Hyderabad(for short, the
Tribunal) granting compensation of Rs.1,40,000/-, as agianst
the claim of Rs.3,00,000/-.
2. Brief facts of the case are that while the deceased along
with another were going on bicycle from Mall village towards
Chintapatla village, the crime vehicle which is Commander Jeep
bearing No.AP-11W-5762 came from behind at high speed in
rash and negligent manner and hit the deceased, resulting in
death.
3. The manner in which the accident had taken place and other
details are not disputed by either of the parties, for which, this
Court is not inclined to delve into the said aspects.
4. However, coming into the income part, it was claimed that
the deceased was earning Rs.4,000/- per month, but the
Tribunal had considered only Rs.15,000/- as notional income
per annum. The Post Mortem Report reflects the age of the
deceased as 40 years, however, keeping in view the age of the
first claimant/wife being 48 years, the Tribunal considered the
age of the deceased between 50 to 55 years. However, this Court
is inclined to considered the age of the deceased as 50 years in
the present facts of the case.
5. Insofar as the deduction towards personal and living
expenses is concerned, the deceased was married and survived
by first wife, second wife and four children, then total
dependents are six. As per the decision of Hon'ble Supreme
Court in Sarla Verma and others vs. Delhi Transport
Corporation and another 1, the standard deduction towards
personal and living expenses of the deceased should be one-
fourth, where the number of dependent family members is 4 to
6. In the present case, total dependents of the deceased are five.
Therefore, as per the decision of the Hon'ble Apex Court in Sarla
(2009) 6 SCC 121
Verma (supra), the deduction towards personal and living
expenses of the deceased has to be one-fourth (1/4th).
6. In National Insurance Company Limited vs. Pranay
Sethi and others 2, the Hon'ble Apex Court at paragraph 59.4
held that in case the deceased was employed or on a fixed salary,
an additional 25% of income should be awarded towards future
prospects, where the deceased age was between 40 to 50 years.
Since the age of deceased at the time of the accident was 50
years, 25% of monthly income of the deceased can be taken
towards future prospects.
7. With regard to the multiplier, as per the decision of Hon'ble
Supreme Court in Sarla Verma (supra), the multiplier is '13' for
the age groups of 46 to 50. The age of the deceased as on the
date of the accident was 50 years.
8. The Hon'ble Supreme Court very recently in the case of
Anjali and others vs Lokendra Rathod and others 3, decided
on 06.12.2022, taking into consideration the decision of Sarala
Verma (supra) and also the case of Pranay Sethi (supra) has
(2017) 16 SCC 680
2023(1) ALD 107(SC)
awarded a sum of Rs.44,000/- towards loss of consortium. The
said enhancement and revision at 10% every 3 years has been
done taking into consideration, raise in the cost of expenses and
cost of living that has arisen during the intervening period from
the date of decisions of Sarla Verma and Pranay Sethi.
9. In view of the above discussion, the compensation amount
is calculated as under:
Sl.No. Head Compensation awarded
1 Income Rs.48,000/- per annum (Rs.4,000/-
per month)
2 Future prospects Rs.12,000/- (25% of income)
3 Total income Rs.60,000/-
2 Deduction towards personal Rs.15,000/- (i.e., 1/4th of total
expenses income )
3 Net Income Rs.45,000/- (i.e., Rs.60,000/- (-)
Rs.15,000/-)
5 Loss of dependency Rs.5,85,000/- (i.e., Rs.45,000/- x
13)
6 Consortium (Rs.44,000/- x 5) Rs. 2,20,000/-
7 Funeral expenses Rs. 15,000/-
8 Loss of estate Rs. 15,000/-
Total compensation to be paid: Rs.8,35,000/-
10. In the result, the Motor Accident Civil Miscellaneous
Appeal is allowed, enhancing the compensation amount awarded
by the Tribunal from Rs.1,40,000/- to Rs.8,35,000/-. The
enhanced amount shall be deposited by the respondent Nos. 1
and 2 jointly and severally within a period of two (2) months
from the date of receipt of a copy of this order. The enhanced
compensation amount shall carry interest @ 7.5% per annum
from the date of claim petition till realization. The claimants are
entitled to the apportionment of the amount as directed by the
Tribunal. Since, it is informed that the 2nd claimant who is the
second wife of the deceased died, her apportioned amount by the
Tribunal shall be distributed equally amongst the five other
claimants. On such deposit, claimants are permitted to withdraw
the amount without furnishing any security. There shall be no
order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
No costs.
______________
K.SURENDER
Date: 13.03.2024
ktm/da
