Telangana High Court
Smt. Saraswathi , Saraswathamma, ... vs V. Anjaneyulu, Rr Dist And Ano on 13 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.1173 OF 2013
JUDGMENT:
The appellant who is mother of the deceased filed this
appeal being not satisfied with the compensation granted by the
I Additional District Judge, Ranga Reddy District at L.B.Nagar,
Hyderabad(for short, the Tribunal) order dated 22.02.2013,
passed in O.P.No.485 of 2009.
2. Appellant claimed compensation of Rs.9,00,000/- on
account of death of her son. According to her case, while the
deceased was going on motorcycle along with pillion rider from
Madinaguda towards Kukatpally, one Tractor bearing No.AP-37-
AB-6966 came in a rash and negligent manner and hit the
motorcycle at high speed, resulting in the instantaneous death of
appellant's son.
3. The manner in which the accident had taken place and other
aspects are not disputed by either of the parties.
4. However, learned counsel for the appellant submits that the
income of the deceased had to be considered at Rs.6,000/- per
month, but the Tribunal had considered only Rs.5,000/-, though
salary certificate was filed. Further, he submits that the
appropriate multiplier would be '18', keeping in view the age of
the deceased, but the Tribunal had considered the multiplier '11'
taking into consideration the age of the mother.
5. Considering Ex.A6, which is a salary certificate issued by
PW-3/employer, the income of the deceased can be considered at
Rs.6,000/- per month. Future prospects can be considered at
40% and since the deceased was bachelor, 50% income has to be
considered.
6. In so far as the deduction towards personal and living
expenses is concerned, the deceased was bachelor. 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 who is a bachelor should be 50%.
(2009) 6 SCC 121
7. 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 40% of income should be awarded towards future
prospects, where the deceased age was below 40 years. Since
the age of deceased at the time of the accident was 25 years,
40% of monthly income of the deceased can be taken towards
future prospects.
8. With regard to the multiplier, as per the decision of Hon'ble
Supreme Court in Sarla Verma (supra), the multiplier is '18' for
the age groups of 21 to 25. The age of the deceased as on the
date of the accident was 25 years.
9. 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
awarded a sum of Rs.44,000/- towards loss of consortium. The
(2017) 16 SCC 680
2023(1) ALD 107(SC)
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.
10. In view of the above discussion, the compensation amount
is calculated as under:
Sl.No. Head Compensation awarded
1 Income Rs.72,000/- per annum (Rs.6,000/-
per month)
2 Future prospects Rs.28,800/- (40% of income)
3 Total income Rs.1,00,800/-
2 Deduction towards personal Rs.50,400/- (i.e., 50% of total
expenses income )
3 Net Income Rs.50,400/- (i.e., Rs.1,00,800/- (-)
Rs.50,400/-)
5 Loss of dependency Rs.9,07,200/- (i.e., Rs.1,00,800/- x
18)
6 Consortium (Rs.44,000/- x1) Rs. 44,000/-
7 Funeral expenses Rs. 15,000/-
8 Loss of estate Rs. 15,000/-
Total compensation to be Rs.9,81,200/-
paid:
11. In the result, the Motor Accident Civil Miscellaneous
Appeal is allowed, enhancing the compensation amount awarded
by the Tribunal from Rs.4,65,000/- to Rs.9,81,200/-. 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. On such deposit,
claimant is 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
