Telangana High Court
The Oriental Ins. Co. Ltd., Rep. By Br. ... vs Pothaganteekista Reddy And 5 Others on 19 March, 2024
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
*****
M.A.C.M.A.No.197 OF 2012
Between:
The Oriental Ins.Co.Ltd.,
Rep. by the Br.Manager,
Nizamabad. ... Appellant/
R.3
And
Pothaganteekista Reddy,
S/o. Veera Reddy, aged-65 years
Occ:Nill and
4 others.
... Respondents/
petitioners
&
M.A.C.M.A.No.1808 OF 2008
Between:
Pothaganteekista Reddy,
S/o. Veera Reddy, aged-65 years
Occ:Nill and
4 others. ... Petitioners/Appellants
And
Sri Inder Kumar Choudary
S/o.Chattar Singh Choudary
and another.
... Respondents
DATE OF JUDGMENT PRONOUNCED: 19.03.2024
Submitted for approval.
THE HON'BLE SRI JUSTICE K.SURENDER
1 Whether Reporters of Local
newspapers may be allowed to see the Yes/No
Judgments?
2 Whether the copies of judgment may
be marked to Law Reporters/Journals Yes/No
3 Whether Their Ladyship/Lordship
wish to see the fair copy of the Yes/No
Judgment?
__________________
K.SURENDER, J
* THE HON'BLE SRI JUSTICE K. SURENDER
+ M.A.C.M.A.No.197 OF 2012
% Dated 19.03.2024
# The Oriental Ins. Co. Ltd.,
Rep. by the Br.Manager,
Nizamabad. ...Appellants/
R.3
And
$ Pothaganteekista Reddy,
S/o Veera Reddy and 4 others.
... Respondents/
Petitioners
&
M.A.C.M.A.No.1808 OF 2008
Between:
Pothaganteekista Reddy,
S/o. Veera Reddy, aged-65 years
Occ:Nill and
4 others. ... Petitioners/Appellants
And
Sri Inder Kumar Choudary
S/o.Chattar Singh Choudary
and another.
... Respondents
! Counsel for the Appellant: Sri . N.Mohan Krishna, learned
Standing counsel for the appellant
Sri . S.Surender Reddy, learned
counsel for the appellants
^ Counsel for the Respondents: Sri . N.Mohan Krishna, learned
Standing counsel for respondent
Sri . S.Surender Reddy, learned
counsel for the respondents
>HEAD NOTE:
? Cases referred
2017(6) ALD 170 (SC)
2009(6) SCC 121
2018 Law Suit (SC) 904
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.197 OF 2012
&
M.A.C.M.A No.1808 OF 2008
COMMON JUDMENT:
1. M.A.C.M.A.No.197 of 2012 is filed by the Insurance
Company against the Order and Decree dated 16.10.2006 in
O.P.No.1442 of 2003 on the file of the Motor Accident Claims
Tribunal(District Judge), Nizamabad, where under the Tribunal
granted an amount of Rs.6,80,000/- towards compensation along
with interest @ 7.5% per annum as against the claim of
Rs.20,00,000/- on account of the death of the deceased in the
motor vehicle accident occurred on 16.01.2003.
M.A.C.M.A.No.1808 of 2012 is filed by the petitioners/dependents
of the deceased seeking compensation of Rs.20,00,000/- on
account of the death of the deceased in a car accident.
2. Heard learned counsel for the petitioners/claimants/
objectors and learned counsel for the respondent-Insurance
Company and perused the record.
3. The manner of the accident and the death of the deceased in
the said accident is not in dispute. However, the Tribunal found
that there was negligence on the part of the Driver of the car in
which the deceased was travelling and also the lorry. Accordingly,
the Tribunal had fixed 2/3rd liability on the lorry and 1/3rd liability
on the car towards contributory negligence.
4. Learned counsel appearing for the Insurance Company
would submit that when the Tribunal has found that there was
contributory negligence on the part of the car, it ought to have
considered contributory negligence at 50% each. There are no
reasons given as to why 2/3rd contributory negligence was
attributed to the lorry.
5. As seen from the issues framed, the Tribunal did not frame
any issue regarding contributory negligence on the part of the car
or the lorry. F.I.R. was filed against the lorry Driver for causing
death punishable under Section 304-A of IPC. In the absence of
any evidence or proof that was adduced by the Insurance
Company, the Tribunal committed an error in concluding that
there was contributory negligence on the part of the vehicles. On
the ground that no issue was framed and no adequate reasons
were given by the Tribunal, the finding that there was contributory
negligence on the part of the car is hereby set aside and 100%
liability is attributed to the lorry.
6. The Tribunal considered the income of the deceased at
Rs.1,00,000/-p.m. which is just and reasonable and cannot be
interfered with. Further, the Tribunal did not consider the future
prospects and deducted 1/3rd amount towards personal expenses
instead of 1/4th.
7. Accordingly, taking the income of the deceased at
Rs.1,00,000/-p.a. and considering 40% future prospects as per
the judgment of the Hon'ble Supreme Court in National
Insurance Co. Ltd. Vs. Pranay Sethi 1, the income of the
deceased is arrived at Rs.1,40,000/-p.a.(1,00,000/-+40,000/-)
Out of which, 1/4th has to be deducted towards his personal
expenses, which comes to Rs.1,12,000/-p.a.(1,40,000-28,000/-).
Adopting the appropriate multiplier '15' as per the judgment of the
Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport
Corporation 2, the income of the deceased is arrived at
Rs.16,80,000/-p.a.(1,12,000/-x15). Apart from that, the
claimants are also entitled for Rs.70,000/- towards conventional
charges, as per the ratio laid down by the Hon'ble Supreme Court
Pranay Sethi's case. In addition, parents and two children are
entitled for an amount of Rs.40,000/-each towards loss of filial as
per the decision of the Hon'ble Supreme Court in Magma General
Insurance Co.Ltd. Vs.Nanu Ram Alias Chuhru Ram 3. Thus, the
total compensation the appellants are entitled to is arrived at
Rs.19,10,000/-.
2017(6) ALD 170 (SC)
2009(6) SCC 121
2018 Law Suit (SC) 904
8. In the result, MACMA.No.1808 of 2008 is allowed enhancing
the compensation awarded by the Tribunal from Rs.6,80,000/- to
Rs.19,10,000/-. The enhanced amount shall carry interest @
7.5% per annum from the date of petition till the date of
realization. The claimants are at liberty to withdraw the amount
in accordance with the apportionment directed by the Tribunal
without furnishing any security.
9. Consequently, MACMA.No.197 of 2012 stands dismissed.
Miscellaneous applications, if any pending, shall stand closed.
__________________
K.SURENDER, J
Date : 19.03.2024
dv
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.197 OF 2008
&
M.A.C.M.A No.1808 OF 2012
Date:19.03.2024
dv
