Telangana High Court
Mohammad Basheeruddin And Another vs The Depot Manager, Apsrtc, And Another on 20 November, 2024
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
M.A.C.M.A.No.960 of 2009
JUDGMENT:
The appellants, who are father and mother of the deceased,
have filed this appeal against the Order and Decree dated
10.12.2008 in O.P.No.433 of 2007 passed by the Chairman,
Motor Accidents Claims Tribunal (VIII Additional District Judge),
Nizamabad, whereunder the tribunal has granted an amount of
Rs.1,42,000/- towards compensation along with interest @ 7.5%
per annum as against the claim of Rs.5,00,000/- on account of
the death of the deceased in the accident occurred on
25.04.2007.
2. Heard Sri Y.S.Yella Nand Gupta, learned counsel for the
appellants.
3. Inspite of service of notice, respondent No.2 has not chosen
to enter appearance.
4. Brief facts of the case:
4.1. On 25.04.2007, the deceased was driving his auto rickshaw
bearing No.AP 25U 701 and at about 11:00 a.m., he stopped the
auto on left side of the road in front of perkit bus stand and in
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the meanwhile, a bus bearing No.AP 11Z 2829 came at high
speed and hit the auto from behind. As a result, the auto fell
down and the bus ran over the deceased and he died on the
spot.
5. Submissions of learned counsel for the appellants:
5.1. Learned counsel for the appellants vehemently contended
that due to rash and negligent driving of the driver of the bus,
the accident was taken place and at the time of accident, the
deceased was aged about 23 years and used to earn an amount
of Rs.10,000/- per month, by owning and running auto
rickshaw. He further contended that the tribunal has not
awarded any amount towards funeral expenses, loss of estate
and consortium. However, the tribunal has awarded meager
amount of Rs.1,42,000/- towards compensation. He further
submits that the Hon'ble Apex Court in case of
Ramachandrappa Vs. Manager, Royal Sundaram Alliance 1
has considered the monthly income of the daily wage labourer at
Rs.4,500/- without there being any evidence. In such
circumstances, the tribunal ought to have considered the
income of the deceased as Rs.4,500/-.
(2011) 13 SCC 236
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6. Analysis of the case:
6.1. Having considered the rival submissions made by the
respective parties and after perusal of the material available on
record, it is undisputed fact that due to rash and negligent
driving of the driver of the bus, the deceased died. Though the
deceased used to earn an amount of Rs.10,000/- per month, the
tribunal has granted an amount of Rs.3,500/- per month, on
the ground that the appellants have not produced any evidence
about the income of the deceased.
6.2. In such circumstances, as per the law laid down by the
Hon'ble Apex Court in Ramachandrappa's case, this Court is
inclined to consider the income of the deceased as Rs.4,500/-
per month. Though the age of the deceased is mentioned as 23
years, as per Ex.A5, i.e., original driving license issued by the
competent authority, the date of birth of the deceased was
mentioned as 20.03.1978. Hence, the age of the deceased is
taken as 29 years. As per the law laid down in "Sarla Verma v.
Delhi Transport Corporation 2, the appropriate multiplier
would be '17'. Thus, loss of dependency comes to Rs.9,18,000/-
(Rs.4,500/- x 12 x 17). As the dependants are two members,
2 (2009) 6 SCC 121
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4 MACMA_960_2009
1/3rd of the income shall be deducted towards personal
expenditure of the deceased. Thus, the annual contribution of
the deceased to the appellants would be of Rs.6,12,000/-
(Rs.9,18,000-Rs.3,06,000).
6.3. As per the law laid by the Hon'ble Apex Court in Magma
General Insurance Company Limited v. Nanu Ram @
Chuhru Ram and others 3, as there are two appellants, they
are entitled to Rs.44,000/- each towards loss of consortium,
which would come to Rs.88,000/- (Rs.44,000 x2). As the
Tribunal has not granted any amount towards funeral expenses
and loss of estate, this Court is inclined to grant Rs.33,000/-
towards funeral expenses and loss of estate. As per the
judgment of the Hon'ble Apex Court in V.Mekala v. Malathi
and another 4 the appellants are entitled for an amount of
Rs.10,000/- toward cost of litigation. Accordingly, the
appellants are granted total compensation amount of
Rs.7,43,000/- (Rs.6,12,000+ Rs.88,000+Rs.33,000+ Rs.10,000).
7. In the result, the M.A.C.M.A is allowed, enhancing the
compensation amount granted by the tribunal to the appellants
3 (2018) 18 SCC 130
4 2014 (5) ALD 42 (SC)
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5 MACMA_960_2009
from Rs.1,42,000/- to Rs.7,43,000/-(Rupees seven lakhs forty
three thousand only). The enhanced compensation amount shall
carry interest @ 7.5% per annum from the date of claim petition
till realization. The enhanced amount shall be deposited by
respondent Nos.1 and 2 jointly and severally within a period of
two (2) months from the date of receipt of a copy of the
judgment. The appellants are entitled to the apportionment of
the amount as directed by the Tribunal. On such deposit, the
appellants are permitted to withdraw the amount without
furnishing any security. However, the appellants are directed to
pay the deficit court fee on the enhanced amount. There shall
be no order as to costs.
Pending miscellaneous petitions, if any, shall stand
closed. No order as to costs.
_______________________
J. SREENIVAS RAO, J
Date: 20.11.2024
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