Telangana High Court
Gurrala Ramesh vs Koyyada Maruthi on 6 March, 2024
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU
M.A.C.M.A. NO.770 OF 2019
JUDGMENT:
Being aggrieved by the Order dated 12.12.2018 in
M.V.O.P.No.645 of 2013 on the file of the learned Chairman,
Motor Accident Claims Tribunal-cum-Judge, Family Court,
Karimnagar (for short, 'the Tribunal'), whereunder their petition
filed for compensation of Rs.5,00,000/- was allowed in-part and a
sum of Rs.2,10,000/- was awarded, the petitioners in the claim
petition have filed this appeal under Section 173 of the Motor
Vehicles Act, 1988 and sought for enhancement of the
compensation on the ground that:
The Tribunal did not appreciate their claim in a appropriate
way and that the Tribunal committed an error by not considering
the Judgment relied on by the appellants and that the Tribunal
ought to have considered the notional income of Sri Gurrala
Sanjeev @ Sanjeev Raj (hereinafter referred to as 'the deceased') as
Rs.30,000/- per annum as was held in a case of Kishan Gopal v.
Lala 1 and that they have also claimed that the Tribunal was
wrong in not considering their claim with regard to the filial
2013(6) ALD 59 SC
consortium and future prospects, etc and prayed for enhancement
of the compensation.
2. Heard learned counsel for the appellants as well as
learned counsel for respondent No.3 and perused the material
available on record.
3. As could be seen from the impugned Order, it indicates
that the claim petition has been filed by the appellants herein for
the death of the deceased, who was aged about 16 years at the
time of occurrence of the accident. According to the claim petition
filed by the appellants before the Tribunal, the deceased along
with some others proceeded to the outskirts of Perapally Village
for the purpose of swimming in agricultural well and picked by
respondent No.1 in a tractor and trailer bearing No.AP-15AP-6937
and trolley bearing No.AP-15AP-6938 and the same was driven in
a rash and negligent manner at high speed, resulting which, the
trailer of the tractor turned turtle in the agricultural fields.
Thereupon, the son of the appellants herein and other persons
received severe injuries and while the deceased was shifting to the
hospital for treatment, he succumbed to the injuries on the way.
Therefore, the appellants have filed M.V.O.P.No.645 of 2013
against the driver, owner and insurer of the above referred tractor
and trailer. The Tribunal having appreciated the evidence of both
the parties and other documents, had allowed the petition in-part
and awarded a sum of Rs.2,10,000/- by considering the notional
income of the deceased as Rs.15,000/- per annum as specified in
second schedule of the Motor Vehicles Act, 1988 and by applying
multiplier '16'.
4. Learned counsel for the appellant while placing
reliance on Judgment between Kusmi Devi v. Md.Kasim 2, has
submitted that when the deceased was aged about 3 years old, the
Tribunal has allowed the claim petition granting a sum of
Rs.1,50,000/- and the said compensation was enhanced by the
High Court to Rs.5,00,000/- and when the matter was taken up to
Hon'ble Supreme Court, while confirming the Order of the High
Court awarded another sum of Rs.1,00,000/- as global
compensation. Learned counsel has placed reliance on a case
between Meena Devi v. Nunu Chand Mahto @ Nemchand
Mahto 3 and submitted that the compensation for the death of 12
years old child was enhanced from Rs.3,00,000/- to
Rs.5,00,000/-.
2023 ACJ 1658
2022 Law Suit (SC) 1218
5. The Hon'ble Apex Court while referring R.K. Malik v.
Kiran Pal 4 wherein the Judgment in Lata Wadhwa v. State of
Bihar 5 and M.S.Grewal v. Deep Chand Sood 6 and was pleased
to enhance the compensation from Rs.2,00,000/- to
Rs.5,00,000/-. The Hon'ble Apex Court was also pleased to refer
the Judgment between Kurvan Ansari @ Kurvan Ali v. Shyam
Kishore Murmu 7 wherein a child aged about 7 years died in a
road traffic accident that took place on 06.09.2004, the Hon'ble
Apex Court while taking notional income of the deceased as
Rs.25,000/- and while applying multiplier '15' calculated the loss
of dependency as Rs.3,75,000/- and added Rs.55,000/- as
conventional heads and awarded a sum of Rs.4,74,000/-. The
Hon'ble Apex Court was pleased to observe that the principles laid
down in the case of Kishan Gopal (referred supra) can be applied
in the case of death of child about 12 years. The Hon'ble Apex
Court while holding the Judgment of Three-Judge Bench in the
case of Nagappa v. Gurdayal Singh 8, it was observed that under
Motor Vehicles Act there is no restriction that the Tribunal/Court
cannot award compensation exceeding the amount so claimed.
2009 14 SCC 1
2001 8 SCC 151
2001 8 SCC 197
2022 1 SCC 317
2003 2 SCC 274
Therefore, while allowing the appeal the Hon'ble Apex Court
enhanced the compensation of Rs.3,00,000/- awarded by the High
Court to Rs.5,00,000/-.
6. In view of the facts of the instant case on hand, the
above cited Judgment is aptly applicable to this case. In this case,
a boy who is aged about 16 year died in a road traffic accident,
therefore, if the notional income is considered as Rs.25,000/- per
annum and even considering the Judgment of the Hon'ble Apex
Court in Sarla Verma v. Delhi Transport Corporation 9, the
appellants herein are entitled to a sum of Rs.5,00,000/-.
7. Under the discussion made hereinbefore, the appeal is
allowed enhancing the compensation from Rs.2,10,000/- to
Rs.5,00,000/- with interest at the rate of 6% per annum from the
date of claim petition till the amount realized. As a consequence
thereof, respondent No.3-Insurance Company shall deposit the
entire compensation amount with interest and costs, after
deducting the amount if any paid by them, within a period of eight
(8) weeks from the date of receipt of a copy of this judgment. On
such deposit, the claimants are permitted to withdraw their
proportionate shares in terms of the award of the Tribunal. The
(2009) 6 SCC 121
rest of the impugned Order holds good. There shall be no order as
to costs.
Pending miscellaneous application, if any, shall stand
closed.
___________________________________
JUSTICE SAMBASIVA RAO NAIDU
DATED 06.03.2024
YNK
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU
M.A.C.M.A. NO.770 OF 2019
DATED 06.03.2024
YNK
