Telangana High Court
Kasani Lakshmi vs S.Shankar on 20 November, 2024
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
M.A.C.M.A.No.2793 of 2009
JUDGMENT:
This appeal is preferred by the appellants/claimants
aggrieved by the award passed by the Chairman, Motor
Accidents Claims Tribunal (District Judge) at Nalgonda (for
short, 'the Tribunal') in O.P.No.885 of 2006 dated 04.02.2009
seeking enhancement of the compensation.
2. Heard Smt. K.Rajitha, learned counsel for the appellants.
No representation on behalf of respondent No.2-Insurance
Company. Since the appeal is of the year 2009, this Court
appointed Mr.A.Ramakkrishna Reddy, who is the panel
advocate of respondent No.2, to appear on its behalf.
3. Brief facts of the case:
On 01.09.2006 while the deceased was travelling in a car
bearing No.AP 09 BD T/R.9666 from Nagarjunasagar to
Hyderabad and when the car reached near Polepally stage of
Chinthapally Mandal, one Jeep bearing No.AP 29 T 1554 came
in a rash and negligent manner at high speed and dashed the
said car from the opposite direction, as a result, the deceased
sustained grievous injuries all over the body and died on the
spot. The accident was reported with the police of
Chinthapally, who have registered a case in Crime No.116 of
2006. The appellants have filed O.P.No.885 of 2006 under the
provisions of the Motor Vehicles Act, 1988 against the
respondents claiming compensation of Rs.13,00,000/- for the
death of the deceased Kasani Nagamelleshwara Rao under
various heads. The Tribunal after considering the oral and
documentary evidence awarded an amount of Rs.8,25,500/-.
Not satisfied with the same, the appellants filed the present
appeal.
4. Learned counsel for the appellants vehemently contended
that the deceased was working as Senior Executive in Sri
Gowthami Academy of General and Technical Education,
Hyderabad and he used to earn an amount of Rs.8,500/- per
month towards salary and at the time of accident, the deceased
was 33 years old. To prove the said factum, the appellants
have filed salary certificate issued by the management and the
same was marked as Ex.A.5. However, the Tribunal without
properly considering the said document merely because of the
management not produced the record, the salary of the
deceased was taken at Rs.6,000/- per month instead of
Rs.8,500/-. He further contended that the Tribunal has not
awarded future prospects and consortium and the appellants
are entitled for enhancement of compensation.
5. Learned Standing Counsel for respondent No.2 Insurance
Company submitted that the Tribunal rightly awarded an
amount of Rs.8,25,500/- in favour of the appellants and they
are not entitled for enhancement of compensation.
6. This Court considered the rival submissions made by the
respective parties and perused the material available on record.
It is an undisputed fact that the deceased died in an accident
occurred due to rash and negligent driving of the driver of the
jeep bearing No.AP 29 T 1554 on 01.09.2006. According to
the appellants, the deceased was working as Senior Executive
in Sri Gowthami Academy of General and Technical
Education, Hyderabad and his salary is Rs.8,500/- per month.
To prove the said factum, the appellants have filed Ex.A.5
salary certificate and also examined PW.2 on their behalf. In
such circumstances, the Tribunal ought to have considered the
salary of the deceased at Rs.8,500/- per month.
7. Further, the Tribunal instead of deducting 1/4th, deducted
1/3rd, as there are five dependants. Hence the appellant is
entitled to an amount of Rs.6,375/- (Rs.8,500/- x ¼) towards
contribution of his family. The deceased was 33 years at the
time of accident and the appropriate multiplier applicable is
'15'. Thus, the loss of dependency comes to Rs.11,47,500/-
(Rs.6,375/- x 12 x 15) per annum and 40% of the future
prospects would come to Rs.4,59,000/-, then it comes to
Rs.16,06,500/- (Rs.11,47,500/- + 4,59,000/-). The appellants
are wife, children and parents of the deceased, under the head
of filial consortium, they are entitled to Rs.48,400/- each,
which comes to Rs.2,42,000/- and Rs.36,300/- towards funeral
expenses and loss of estate. In all, it comes to Rs.18,84,800/-.
In addition to the above said amount, the appellants are entitled
to an amount Rs.10,000/- towards cost of litigation, as per the
principle laid down by the Hon'ble Apex Court in V.Mekala
v. M.Malathi and another 1.
8. Hence, this Court is inclined to grant compensation under
the following heads:
Amount awarded by
Sl. Particulars
this Court
No.
i) Loss of dependency Rs. 16,06,500/-
ii) Consortium Rs. 2,42,000/-
iii) Loss of estate & Funeral expenses Rs. 36,300/-
v) Litigation charges Rs. 10,000/-
Total Rs. 18,94,800/-
9. In the result, the appeal is allowed enhancing the
compensation amount awarded by the Tribunal from
Rs.8,25,500/- to Rs.18,94,800/- (Rupees eighteen lakhs ninety
four thousand eight hundred only) as hereunder:
(a) The enhanced amount shall carry interest at
7.5% p.a. from the date of petition till the date
of realization.
2014 (5) ALD 42 (SC)
(b) The appellants/claimants shall pay the deficit
court fee.
(c) The respondents are directed to deposit the
enhanced compensation amount within a
period of two (2) months from the date of
receipt of a copy of the judgment.
(d) On such deposit, the appellants/claimants are
entitled to withdraw their proportionate share
of compensation as per the terms of the award
without furnishing any security.
Miscellaneous applications, pending if any, shall
stand closed.
______________________
J.SREENIVAS RAO, J
Date: 20.11.2024
mar
