Telangana High Court
Govindamma And 4 Ors vs M/S. Goel Road Carriers And Anr on 4 November, 2024
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
M.A.C.M.A.No.1567 of 2009
JUDGMENT:
Appellants-claimants have filed this appeal seeking
enhancement of compensation amount awarded by the I Additional
District Judge at Mahabubnagar (hereinafter referred to as 'the
Tribunal') in O.P.No.80 of 2004 dated 25.09.2006, invoking the
provisions of section 173 of Motor Vehicles Act.
2. During the course of hearing, it is brought to the notice of this
Court that Sri Katta Laxmi Prasad, learned counsel who filed
vakalath on behalf of respondent No.2 is no more. Hence, this Court
appointed Sri A.Ramakrishna Reddy, learned counsel who is the
panel advocate for Insurance Company and readily available in this
Court to appear on behalf of respondent No.2-Insurance Company.
3. Heard Sri P.Mahidhar, learned counsel representing Sri
K.Venkatram Reddy, learned counsel for the appellants and Sri
A.Ramakrishna Reddy, learned counsel for respondent No.2 and
perused the record.
4. Brief facts of the case are:
On 9.12.2003 while the deceased was returning to his village
on motor cycle bearing No.AP 22 E 5381 in the limits of Bhoothpur
cross roads and at about 2-45 p.m. the lorry bearing
No.HR.38.H.9201 came from Kurnool side in a rash and negligent
manner at high speed and dashed the motor cycle of the deceased.
As a result, the deceased died on the spot as his head was crushed.
Hence the appellants have filed O.P.No.80 of 2004 claiming
compensation amount of Rs.4,00,000/-.
5. Learned counsel for the appellants vehemently contended that
the Tribunal below without properly appreciating the evidence on
record awarded meager amount of Rs.1,90,000/-. The deceased is
having agricultural land and also he is Sarpanch at Parmandoddi
village, Maganoor Mandal at the time of accident. The Tribunal has
taken the income of the deceased at Rs.3,000/- per month as a daily
wage coolie, though the deceased is having agricultural land.
6. Per contra, learned counsel appearing for respondent
No.2/Insurance Company submits that the Tribunal has rightly
awarded an amount of Rs.1,90,000/- along with interest and
appellants are not entitled for enhancement of compensation.
7. Having considered the rival submissions made by the
respective parties and perused the record. It is undisputed fact that
the deceased Narasimha Reddy, who is the husband of the appellant
No.1 died in motor vehicle accident occurred on 09.12.2003 and the
Tribunal below fixed the responsibility on both the vehicle drivers
equally.
8. The record further reveals that the deceased is having
agricultural lands and appellants produced evidence to that effect.
However, the Tribunal has not taken into consideration of the Ex.A6.
As per the principle laid down in Ramchandrappa v. Manager,
Royal Sundaram Alliance Insurance Co.Ltd. 1, the income of the
deceased has to be taken at Rs.4,500/- per month and the
appropriate multiplier is '15'. After deducting 1/4th of his income
towards personal expenses, it comes to Rs.3,375/- and the loss of
dependency would comes to 3,375 x12 x15= 6,07,500/-. Since the
deceased was aged 37 years, as per the principle laid down by the
apex court in National Insurance Company Limited Vs. Pranay
Sethi 2, the claimants are entitled to an amount of Rs.2,43,000/-
(6,07,500x40%) towards future prospects and the total loss of
dependency comes to Rs.8,50,500/-. The claimants are also entitled
to an amount of Rs.36,300/- towards funeral expenses and
Rs.2,42,000/- (Rs.48,400/- to each appellant) towards loss of estate
and consortium. Thus the total compensation comes to
Rs.8,50,500+36,300+ 2,42,000= 11,28,800/-. As stated supra since
1 (2011) 13 SCC 236
2 2017(6) 170 (SC)
the accident was occurred due to the contributory negligence of both
the vehicle drivers, the claimants are entitled to 50% of amount out
of Rs.11,28,800/- which comes to Rs.5,64,400/-.
9. Accordingly, the appeal is allowed enhancing the compensation
from Rs.1,90,000/- to Rs.5,64,400/-. Respondent Nos.1 and 2 are
directed to deposit the enhanced compensation along with interest @
7.5% per annum from the date of petition till the date of realization,
within a period of two months from the date of receipt of copy of this
judgment. The appellants are directed to deficit Court fee and on
such payment, the claimants are entitled to withdraw the same
without furnishing any security.
Miscellaneous petitions, if any, pending in this petition shall
stand closed.
______________________
J. SREENIVAS RAO, J
Date: 04.11.2024
BV
