Telangana High Court
R. Yesaiah vs G.Gopal Reddy on 4 November, 2024
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
M.A.C.M.A.No.1674 of 2009
JUDGMENT:
Aggrieved by the award dated 12.02.2007 in O.P.No.1285 of
2005 passed by the XVII Additional Chief Judge cum III Additional
Metropolitan Sessions Judge at Hyderabad, (hereinafter referred to
as, 'the Tribunal'), the appellants have filed this appeal under the
provisions of 173 of Motor Vehicles Act seeking enhancement of
compensation.
2. Heard Ms.Seema Yasmin, learned counsel, representing Sri
C.Vikram Chandra, learned counsel for appellants, Sri Gadi
Ramachandra Reddy, learned counsel appearing on behalf of
respondent No.1 and Smt. S.A.V.Ratnam, learned counsel appearing
on behalf of respondent No.2.
3. Brief facts of the case are:
On 16.4.2005 at about 3.00 PM when the deceased boy who is
the son of the appellant No.1 was proceeding as pillion rider along
with his father on motor cycle bearing No.AP 9 MG T/R 6164 from
Shivanapur towards Singapuram and when the motor cycle reached
ODF Factory of Kandhi road, the lorry bearing No. AP 23 V 5544
came from behind in a rash and negligent manner at high speed, lost
control and dashed the motor cycle due to which the deceased boy,
appellant No.1 and rider of the motor cycle fell down and sustained
grievous injuries. The deceased boy and rider died on the spot.
Appellants are the parents of the deceased and filed O.P.No.1285 of
2005 claiming compensation amount of Rs.1,00,000/- together with
interest and costs.
4. Learned counsel for appellants vehemently contended that the
tribunal below come to a conclusion that appellants are entitled to
total compensation an amount of @ Rs.2,25,000/-, however awarded
only Rs.1,00,000/- on the ground that the claimants in OP claimed
an amount of Rs.1,00,000/-, and the same is contrary to law.
5. Learned counsel further contended that the deceased is aged
10 years at the time of accident and as per the principle laid down in
Kishan Gopal and another v. Lala and others 1, the Tribunal has
to award an amount of Rs.30,000/- per annum as notional income
including future prospects in place of Rs.15,000/- as specified in the
second schedule of the M.V.Act, and also has to apply the multiplier
as per the principle laid down in Sarla Varma v. Delhi Transport
Corporation 2. Hence the appellants are entitled to an amount of
Rs.4,50,000/- for loss of dependency and an amount of Rs.20,000/-
1 (2014) 1 SCC 244
2 2009 (6) SCC 121
towards loss of estate, an amount of Rs.88,000/- towards loss of
parental consortium and Rs.50,000/- towards funeral expenses
altogether Rs.6,08,000/-. However the tribunal below awarded only
an amount of Rs.1,00,000/-.
6. Per contra, the learned counsel appearing on behalf of
respondent No.2 submits that the appellants claimed an amount of
Rs.1,00,000/- only and the Tribunal had rightly awarded the
compensation.
7. Having considered the rival submissions made by respective
parties and after perusal of the record, it reveals that it is undisputed
fact that the deceased died due to the rash and negligent driving of
the lorry bearing No.AP23 V 5544 on 16.04.2005. At the time of
accident age of the deceased is 12 years. In Kishan Gopal (cited
supra) the Hon'ble Apex Court held that the deceased income has to
be taken at Rs.30,000/- per annum and the appropriate multiplier is
applicable '15' which comes to Rs.30,000 x15=4,50,000/-. Hence,
this Court is of the considered view that as per the principle laid
down in the above judgment the claimants are entitled to an amount
of Rs.4,50,000/- towards loss of dependency and Rs.50,000/- in
respect of other heads such as loss of estate, funeral expenses, loss
of consortium altogether comes to Rs.5,00,000/-.
8. Though the learned counsel for the appellants by relying upon
the judgment of Hon'ble Apex Court in Anjali and others v.
Lokendranath Rathod and others 3 submits that the claimants are
entitled to an amount of Rs.88,000/- towards parental consortium.
The said principle is not applicable to the facts and circumstances of
the case on the ground in the said case the deceased is a major and
in the case on hand the deceased is a minor boy.
9. For the foregoing reasons the appeal is allowed enhancing the
compensation amount from Rs.1,00,000/- to Rs.5,00,000/- and the
claimants are entitled interest at the rate of 7.5% per annum on
enhanced compensation from the date of filing of petition till the date
of deposit. Respondent No.1 and 2 are directed to deposit the
enhanced compensation amount with accrued interest within a
period of 2 months from the receipt of copy of this order. On such
deposit, the claimants are entitled to withdraw the said amount
without furnishing any security. It is needless to observe that
appellants are directed to pay deficit Court fee, on enhanced
compensation amount.
3 2022 SCC online SC 1683
Miscellaneous petitions, if any, pending in this petition shall
stand closed.
______________________
J. SREENIVAS RAO, J
Date: 04.11.2024
BV
