Telangana High Court
B. Ranganna vs M/S. S.V. Products Pvt. Ltd., And ... on 22 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.3271 OF 2012
JUDMENT:
1. This appeal is filed by the appellant against the Order and
Decree dated 11.05.2012 in O.P.No.2404 of 2008 on the file of the
Motor Accident Claims Tribunal-Cum-XVI Additional Chief Judge-
Cum-II Additional Metropolitan Sessions Judge, Hyderabad, where
under the Tribunal granted an amount of Rs.2,14,870/- towards
compensation along with interest @ 7.5% per annum as against
the claim of Rs.5,00,000/- on account of the injuries received in
the motor vehicle accident occurred on 13.09.2008.
2. The manner of accident and the injuries sustained by the
appellant-claimant are not in dispute and the appellant-claimant
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 appellant-claimant and
the learned counsel for respondent No.2-Insurance Company.
4. On 13.09.2008, while the claimant was going on a two
wheeler i.e. Hero Honda Splendor Plus along with his friend, a
DCM van with high speed came in a rash and negligent manner
and dashed the motorcycle from behind, resulting in multiple
grievous injuries to the appellant.
6. Learned counsel appearing for the claimant submits that the
Tribunal has erred in considering the income of the claimant at
Rs.3,000/-p.m. though it was claimed that the claimant was
earning around Rs.7,000/-. 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.
7. 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.5,000/-p.m notionally. Accordingly, the annual income comes
to Rs.60,000/-. 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.84,000/- (60,000+24,000). 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
'17'. When applied '17' multiplier, the amount comes to
Rs.14,28,200/-(84,000x17). Taking into consideration, 30%
disability, the amount comes to Rs.4,28,460/-. Apart from the
same, the appellant is entitled for an amount of Rs.20,000/-
towards extra nourishment and Rs.10,000/- towards income
during treatment period.
8. Accordingly, this Court deems it appropriate to enhance the
compensation as follows.
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Disability Rs.1,72,800/- Rs.4,28,460/-
(Income @ Rs.3,000/- (Income @ Rs.5,000 and
and disability at 30%) disability at 30%)
02. Medical Rs.16,070/- Rs.16,070/-
expenditure
03. Transport Rs.3,000/ - Rs.3,000/-
04. Pain and suffering Rs.20,000/- Rs.20,000/-
05. Attendant charges Rs.3,000/- Rs.10,000/-
06. Loss of earnings /- Rs.10,000/-
07. Extra nourishment /- Rs.20,000/-
Rs.2,18,470/- Rs.5,07,530/-
TOTAL
9. In the result, the Motor Accident Civil Miscellaneous Appeal
is allowed enhancing the compensation awarded by the Tribunal
from Rs.2,14,870/- to Rs.5,07,530/-. The enhanced amount shall
carry interest @ 7.5% per annum from the date of petition till the
date of realization. The appellant is permitted to withdraw the
2009(6) SCC 121
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. Miscellaneous applications, if
any pending, shall stand closed.
__________________
K.SURENDER, J
Date : 22.03.2024
dv
