Junjuri Susheela vs Md. Sajeed
2024 Latest Caselaw 3839 Tel

Telangana High Court

Junjuri Susheela vs Md. Sajeed on 18 September, 2024

      THE HONOURABLE SRI JUSTICE K.SURENDER

                M.A.C.M.A.No.1924 OF 2009

JUDGMENT:

This appeal is filed by the appellants/claimants,

aggrieved by the judgment dated 27.11.2008 passed in

O.P.No.746 of 2006, on the file of Court of the Motor Accident

Claims Tribunal-cum-Principal District Judge Medak at

Sangareddy.

2. Heard learned counsel for the appellants and learned

counsel for the respondents and perused the record.

3. The husband of appellant/petitioner No.1 died in a

motor vehicle accident. The appellant/petitioner No.1 is the

wife and appellants/petitioners No.2 to 4 are their minor

children, who filed the present appeal.

4. On 9.6.2006 the deceased and his son were coming in

Auto and the driver of the auto drove the same with high

speed in rash and negligent manner and dashed to opposite

coming auto and turned turtle, due to which the deceased received grievous injuries. Immediately he was shifted to

hospital and while undergoing treatment, deceased died on the

same day.

5. The learned Tribunal judge examined PW 1 and 2 and

marked Ex.A1 to A7. Though no evidence was adduced, Ex.B1

was marked on behalf of respondent No.2.

6. The manner in which the accident has taken place and

the liability of insurance company is not disputed.

7. As seen from the lower court record, the claimants

sought compensation on the ground that the deceased was

earning Rs.5,000/- by doing work in a brick making firm.

However, without assigning any reasons the salary was

considered as Rs.2,000/-. Therefore, in view of the judgment

of Ramchandrappa v. Manager, Royal Sundaram Alliance

Insurance Co.Ltd. 1, the income of the deceased is considered

to be taken as Rs.4,500/- and accordingly compensation can

be granted.

(2011) 13 SCC 236

8. Hence, taking the age of the deceased into consideration

as shown in Ex.A5 postmortem report as 40 years, the

relevant multiplier applicable would be 15, as per Sarla Varma

v. Delhi Transport corporation 2, and as there are about 4

dependants, 1/4th of the total loss of earnings should be

deducted towards the expenses of deceased. Therefore the

family of deceased is entitled for compensation of an amount

of Rs.6,07,500/-(Rs.4500x15x12=Rs.8,10,000x1/4=8,10,000-

2,02,500).

9. In the result, appeal is allowed by enhancing the

compensation amount awarded by the Tribunal from Rs.

3,39,872/- to Rs.6,07,500/- .

(a) The enhanced amount will carry interest at 7.5% p.a.

from the date of petition till realization subject to the

appellants paying the court fee on the enhanced amount

of compensation.

2009 (6) SCC 121

(b) The respondent No.1 and 2 are directed to deposit the

amount within one month from the date of this

judgment.

(c) The enhanced amount shall be apportioned in the

manner as ordered by the Tribunal. There shall be no

order as to costs.

Pending miscellaneous petitions, if any, shall stand

closed.

_________________ K.SURENDER, J Date: 18.09.2024 BV

THE HONOURABLE SRI JUSTICE K.SURENDER

M.A.C.M.A.No.1924 OF 2009

18.09.2024

BV