Telangana High Court
Smt. Boina Bhojavva And 3 Others vs Sri K. Subbarayan And Another on 27 August, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.5161 of 2008
JUDGMENT:
Aggrieved by the award dated 05.11.2007 in O.P.No.1435 of 2006 passed by the Motor Accident Claims and Tribunal-cum-XIV Additional Chieft Judge, Fast Track Court, City Civil Court at Hyderabad, the claimants have preferred this appeal.
2. Heard both sides and perused the entire material on record.
3. The claim petition was filed seeking compensation of an amount of Rs.3,00,000/- and the Tribunal though arrived at loss of dependency at Rs.3,85,000/- had fixed the contributory negligence at 50% on the deceased and granted compensation of Rs.1,92,500/- by including the amounts under other conventional heads.
4. The deceased is the husband of claimant No.1, father of claimant Nos.2 and 3.
5. According to the version of the claimants, on 27.04.2002, while the deceased was travelling on a lorry, the driver of the lorry drove it in a rash and negligent manner, resulting in the deceased in the death of the deceased.
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6. Learned counsel for the claimants would submit that the Tribunal erred in fastening the contributory negligence at 50% on the deceased. Further, even though the deceased was earning Rs.4,500/- per month by doing labour work, the Tribunal considered the monthly income at Rs.3,000/-.
7. Learned counsel for the Insurance company would submit that the Tribunal has rightly fastened the contributory negligence at 50% on the deceased sat in a negligent manner while travelling on the lorry.
8. The Tribunal found that at the time of accident, there was negligence on the part of both the driver of the lorry as well as deceased and accordingly, fixed the contributory negligence at 50% on the driver of the crime lorry and 50% on the deceased.
9. Keeping in view the judgment of the Hon'ble Apex Court in case of Ramachandrappa Vs. Manager, Royal Sundaram Alliance1, where the monthly income of the daily wage labourer is considered at Rs.4,500/- without there being any evidence, this Court is inclined 1 (2011) 13 SCC 236 KS, J MACMA_5161_2008 3 to take the monthly income of the deceased at Rs.4,500/- as claimed by them.
10. While computing the compensation, the future prospects were not considered by the Tribunal. The Hon'ble Apex Court in case of National Insurance Co. Ltd. Vs. Pranay Sethi 2 has held that while considering the compensation in cases of death, the future prospects of the self employed shall also be considered. Having regard to the age of deceased as 45 years as on the date of accident and occupation as self-employed, if 30 percent of the income is included as future prospects, the monthly income would come to Rs.5,850/- (Rs.4,500+1,350). As the dependants are three members, 1/3rd of the income shall be deducted towards personal expenditure, as per the authority in Smt. Sarla Varma Vs. Delhi Transport Corporation3, thus the annual contribution of the deceased to the claimants would be Rs.46,800/- (Rs.5,850-1,950X12). As per Schedule II of the Act, if the said annual contribution arrived is multiplied with relevant multiplier to the age of the deceased i.e. '14', the amount under the head of loss of dependency comes to Rs.6,55,200/-. If 50% is 2 2017 (6) 170 (SC) 3 (2009) 6 S.C.C. 121 KS, J MACMA_5161_2008 4 deducted towards contributory negligence of the deceased, the claimants are entitled to Rs.3,27,600/- under the head of loss of dependency.
11. As regards the consortium to be paid, claimants are entitled to Rs.40,000/- each towards consortium as decided by the Hon'ble Apex court in case of Pranay Sethi (2 Supra). With regard to the funeral expenses and loss of estate, the claimants are entitled for Rs.30,000/-.
12. Therefore, the claimants are awarded the compensation as below:
Head Compensation awarded
(1) Loss of dependency Rs.3,27,600
(2) Funeral expenses and Loss of Estate Rs.30,000
(3) Loss of spousal consortium Rs.40,000(for 1st claimant)
(4) Loss of parental consortium Rs.80,000(for 2nd and 3rd
claimants)
Total compensation awarded Rs.4,77,600/-
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MACMA_5161_2008
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13. In the result, the Motor Accident Miscellaneous Appeal is allowed enhancing the compensation amount awarded by the Tribunal from Rs.3,85,000/- to Rs.4,77,600/- as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.
(b) The claimants shall pay the court fee on the enhanced amount of compensation.
(c) The respondents shall deposit the amount within a period of (8) weeks from the date of receipt of copy of judgment. On such deposit, claimants are entitled to withdraw the entire amount without furnishing the security.
(d) Amounts shall be apportioned in terms of the ratio decided by the Tribunal in the Award.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_________________ K.SURENDER, J Date: 27.08.2024 mmr