Telangana High Court
A Mallavva, Adilabad Dist And 2 Others vs Surpam Mothiram, Adilabad Dist And Anr on 18 September, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.2801 OF 2016
JUDMENT:
1. This appeal is filed by the claimants who are the dependants
of the deceased questioning the compensation granted by the
Tribunal as meagre.
2. Heard the learned counsel for the appellants-claimants and
the learned counsel for respondent No.2-Insurance Company.
3. The manner in which the accident had taken place and the
liability is not in dispute.
4. The deceased Aleti Posham who was aged 60 years while
going to Utnoor from Jangoan Village in an Auto on 02.12.2013,
the Driver of the Auto drove the Auto in high speed in a rash and
negligent manner, due to which the Auto turned turtle, resulting
in the deceased falling down and receiving fracture and crush
injuries all over the body. The deceased died on 09.12.2013 while
undergoing treatment.
5. Learned counsel for the claimants submits that though it
was claimed that the deceased was earning Rs.5,000/-p.m. as
agricultural labour, the Tribunal considered the income of the
deceased at Rs.3,000/-p.m. and prays for enhancement of the
same.
6. Learned counsel appearing for the Insurance Company
submits that the Tribunal has granted an amount of
Rs.1,00,000/- to the wife of the deceased towards consortium,
though being the wife of the deceased, she is entitled to
Rs.40,000/- towards consortium, as per the decision of the
Hon'ble Supreme Court in Magma General Insurance Co.Ltd.
Vs.Nanu Ram Alias Chuhru Ram 1.
7. Keeping in view that the deceased was the only bread winner
of the family and was hale and healthy at the time of accident and
used to earn Rs.5,000/- doing agricultural works, this Court is
inclined to fix the income of the deceased at Rs.4,000/- p.m.
8. Accordingly, taking the income of the deceased at 4,000/-
p.m., the annual income works out to be Rs.48,000/-. Out of
which 1/3rd has to be dedicated towards personal expenses which
comes to Rs.32,000/-(48,000-16,000). Applying appropriate
multiplier '5' as per the judgment of the Hon'ble Supreme Court in
Smt.Sarla Varma Vs. Delhi Transport Corporation 2, the loss of
dependency is arrived at Rs.1,60,000/- (32,000x5).
2018 Law Suit (SC) 904
2009(6) SCC 121
9. In view of the judgment of the Hon'ble Supreme Court in
Magma Insurance Company (supra), the appellant No.1, being
the wife of the deceased is entitled to Rs.40,000/- towards
consortium. Insofar as other heads are concerned, this Court
deems it appropriate to enhance the same as follows:-
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Loss of dependency Rs.1,20,000/- Rs.1,60,000/-
02. Consortium to wife Rs.1,00,000/- Rs.40,000/-
03. Transport Rs.5,000/- Rs.10,000/-
04. Loss of Estate Rs.5,000/- Rs.50,000/-
05. Funeral expenses Rs.25,000/- Rs.35,000/-
06. Pain and suffering Rs.25,000/- Rs.25,000/-
TOTAL Rs.2,80,000/- Rs.3,20,000/-
10. In the result, the Motor Accident Civil Miscellaneous Appeal
is allowed enhancing the compensation awarded by the Tribunal
from Rs.2,80,000/- to Rs.3,20,000/-. The enhanced amount shall
carry interest @ 7.5% per annum from the date of petition till the
date of realization. The appellants are permitted to withdrawn the
entire amount of compensation on payment of deficit Court fee.
Except the above enhancement, the award of the Tribunal shall
remain same on all other aspects. Miscellaneous applications, if
any pending, shall stand closed.
__________________
K.SURENDER, J
Date : 18.09.2024
dv
