Telangana High Court
Bollam Kousalaya And 4 Others vs M.Ramesh And 3 Others on 22 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.380 OF 2012
JUDGMENT:
1. The appellants-claimants filed this appeal on behalf of the
deceased against the Order and Decree dated 07.05.2003 in
O.P.No.605 of 1999 on the file of the Motor Accidents Claims
Tribunal-Cum-The District Judge, Warangal, where under the
Tribunal granted an amount of Rs.1,52,400/- towards
compensation along with interest @ 9% per annum as against the
claim of Rs.3,50,000/- on account of the death of the deceased
occurred on 11.03.1999.
2. The manner of accident and the injuries sustained by the
deceased and subsequently death are not in dispute. The
appellants-claimants challenged the impugned award only on the
quantum of compensation awarded by the Tribunal. Therefore,
this Court is not inclined to go into other details other than the
quantum of compensation.
3. Heard the learned counsel for the appellants-claimants and
the learned counsel for respondent No.3-Insurance Company.
4. On 11.03.1999, while the deceased was travelling in a Tata
Sumo, the offending vehicle at a high speed came in a rash and
negligent manner dashed against the said vehicle, as a result of
which the said vehicle turned turtle, due to which the deceased
died.
5. Learned counsel appearing for the claimants submits that
the Tribunal has erred in considering the income of the deceased
at Rs.900/-p.m. though it was claimed that the deceased was
earning around Rs.3,500/-. He further submits that the Tribunal
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.
6. The Hon'ble Supreme Court in Ramachandrappa vs. The
Manager, Royal Sundaram, Alliance Insurance Company
Limited 2 held that income of a daily wage labour can be
considered at Rs.4,500/- per month. In view of the said judgment,
this Court is inclined to fix the income of the appellant at
Rs.3,500/-p.m as claimed. Accordingly, the annual income comes
to Rs.42,000/-. Further, in view of the judgment of the Hon'ble
Supreme Court in National Insurance Co. Ltd. Vs. Pranay
Sethi 3, 40% has to be considered towards future prospects which
comes to Rs.58,800/- (42,000+16,800). In view of the judgment of
the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi
2017(6) ALD 170 (SC)
(2011) 13 SCC 236
2017(6) ALD 170 (SC)
Transport Corporation 4, the appropriate multiplier would be
'18'. When applied '18' multiplier, the amount comes to
Rs.10,58,400/-(58,800x18). Out of the which 1/4th has to be
deducted towards loss of dependency which comes to
Rs.7,93,800/- (10,58,400-2,64,600). Apart from the same, the
claimants are also entitled for Rs.15,000/- towards loss of estate,
Rs.40,000/- towards loss of consortium and Rs.15,000/- funeral
expenses. As per the judgment of the Hon'ble Supreme Court in
Pranay Sethi's case, the amount quantified should be enhanced
on percentage basis in every three years and the enhancement
should be at the rate of 10% in a span of three years. Accordingly
the claimants are also entitled for addition of 20% amount which
comes to Rs.14,000/-. Thus, the total amount of compensation
comes to Rs.8,77,800/- (15,000+15,000+40,000+14,000).
7. In the result, the Motor Accident Civil Miscellaneous Appeal
is allowed enhancing the compensation awarded by the Tribunal
from Rs.1,52,400/- to Rs.8,77,800/-. 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 compensation, on payment of deficit Court fee. Except the
above enhancement, the award of the Tribunal shall remain same
2009(6) SCC 121
on all other aspects. Miscellaneous applications, if any pending,
shall stand closed.
__________________
K.SURENDER, J
Date : 22.03.2024
dv
