Telangana High Court
Kasi Vishwanath Died vs A. Srinviasa Reddy And 3 Others on 21 February, 2025
THE HON'BLE SMT. JUSTICE RENUKA YARA
M.A.C.M.A.No.2118 of 2019
JUDGMENT:
Heard Sri Kasireddy Jagathpal Reddy, learned counsel for the
appellant, Sri A. Ramakrishna Reddy, learned counsel for respondent
No.2/Insurance Company and Sri R. Anurag, learned standing
counsel for respondent No.3/TSRTC. Perused the entire record.
2. During the pendency of appeal, the injured who filed the appeal
died and his legal heirs i.e. mother and sister were brought on record
as appellant Nos.1 and 2.
3. This is an appeal preferred by the appellants/claimants
aggrieved by the award dated 10.01.2014 passed by the learned Motor
Accidents Claims Tribunal-cum-X Addl. Chief Judge, City Civil Court
at Hyderabad (for short 'the Tribunal') in O.P.No.2871 of 2011,
wherein, on account of the injuries and disability in a road traffic
accident, compensation of Rs.21,48,987/- has been awarded as
against the claimed compensation of Rs.25,00,000/-.
4. The grounds of appeal emphasizes that the Tribunal has taken
the percentage of disability as 80% when there is 100% loss of
earnings and the appellant would not be in a position to work in the
future having suffered Paraplegia due to injuries in the accident.
5. Learned counsel for the appellant relied upon the judgments of
the Hon'ble Supreme Court in Syed Sadiq and others v.
Divisional Manager, United India Insurance Company
Limited 1, Sarnam Singh v. Shriram General Insurance Co. Ltd.
and others 2, Abhimanyu Pratap Singh v. Namita Sekhon and
another 3, Rahul Ganpatrao Sable v. Laxman Maruti Jadhav
(Dead) thr. LRs. and others 4, Rajan v. Soly Sebastian and
another 5, Dixit Kumar and another v. Om Prakash Goel 6,
Jithendran v. New India Assurance Co. Ltd. and another 7,
Jakir Hussein v. Sabir and others 8, wherein, even when the
percentage of physical disability due to injuries in the accident was
shown at various figures, when the loss of income is 100%, the
functional disability is taken at 100% for awarding compensation.
In the instant case, the appellant herein suffered Paraplegia and
would never be able to work in his life, also, it is represented that the
appellant died during pendency of the appeal. In the circumstances,
though the percentage of disability is stated to be 80% as per
Ex.A23/Disability certificate, the functional disability has to be taken
(2014) 2 SCC 735
2023 (4) ALT 126 (SC)
(2022) 8 SCC 489
2023 (4) ALD 169 (SC)
2015 ACJ 2418
(2017) 15 SCC 546
2022 (1) ALD 235 (SC)
2015 (3) ALD 115 (SC)
at 100% for computing loss of earnings. Further, future prospects
have to be considered in view of 100% disability. Accordingly, there is
a need to modify the award passed by the Tribunal.
6. The annual income assessed by the Tribunal was Rs.60,000/-
and this Court is not inclined to interfere with the same. However, the
percentage of disability would be considered as 100% instead of 60%
as assessed by the Tribunal. To quantify the compensation towards
loss of future earnings due to disability, as per age and income of
deceased, if 40 percent of the income is included as future prospects
as per law laid down in National Insurance Co. Ltd. Vs. Pranay
Sethi 9, the annual income would be Rs.84,000/-. As per the authority
in Smt. Sarla Varma Vs. Delhi Transport Corporation 10, the
aforesaid annual income is multiplied with multiplier of '18', which
has been rightly applied by the Tribunal i.e., Rs.84,000/-X18 =
Rs.15,12,000/-, which would be a total loss of future earnings of the
injured/deceased instead of Rs.6,48,000/- as has been assessed by
the Tribunal. In addition, the compensation awarded by the Tribunal
under other heads, i.e., transport, loss of earnings, medical
expenditure, future medical treatment, etc. totaling Rs.15,00,987/-, in
the opinion of this Court does not warrant any interference.
2017 (6) 170 (SC)
(2009) 6 S.C.C. 121
7. Thus, the total compensation payable to the injured/claimant
comes to Rs.30,12,987/- instead of Rs.21,48,987/- as was awarded
by the Tribunal. Since he died during the pendency of the appeal, it is
directed that the compensation shall be distributed among appellant
Nos.1 and 2 at 75% and 25% respectively.
8. In the result, this Motor Accident Civil Miscellaneous Appeal is
partly allowed enhancing the compensation amount awarded by the
Tribunal from Rs.21,48,987/- to Rs.30,12,987/-, which shall carry
interest at the rate of 7.5% per annum. The compensation amount
shall be deposited by respondent Nos.1 and 2 within a period of two
months from the date of receipt of a copy of this Judgment, after
deducting the amount, if any, already deposited. On such deposit,
the appellants are entitled to withdraw the same as per ratio of 75:25
without furnishing any security. However, the appellants shall pay the
deficit court fee on the enhanced compensation. There shall be no
order as to costs.
Miscellaneous Petitions, if any, pending in this appeal, shall
stand closed.
_____________________
RENUKA YARA, J
Date: 21.02.2025
gvl
