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[ 337e I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI MOTOR CIDENT CIVIL MISCELLANEOUS APPEAL NO: 524 OF 2017 Appeal filed Under Section 173 of Motor Vetricles Act, 1988 against the Order aM decre€ in O.P.No.1328 of 2012 dald.29l0gl2016 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum- XXV Additional Chief Judge, City Civil Court, Hyderabad. ,..1l Between: '1. K Lavanya Wo. Late. K. Bala Krishna, Aged 28 years, Occ l-lousehold, 2. K. Srishanth, S/o. Late. K. Bala Krishna, Aged 7 years, Occ Nil, 3. K. Sathwik, S/o. Late. K. Bala Krishna, Aged 6 years, Occ Nil, 4. K. Janamma, Wo. Beerappa Aged 54 years, Occ Household, 5. K. Beerappa, S/o. K. Bachanna, Aged 54 years, Occ Nil, (Appellant 2 and 3 being minor are represented by their Mother cum natural guardian Appellant No. t herein) - All R/o. H.No.3-15-90/1. Ramanthapur, Hyderabad. AND ...Appellants 1. B Anuradha C/o. Sheetal Reddy. Aged Major, Occ Business, R/o. H.No. 2- 1 8- 1 62, lndiranagar, Uppal, Hyderabad. 2. Shriram General lnsurance Company Limited, Rep.by its Branch Manager, D.No-3-6-478, lll Floor, Anand Estate, Liberty Road, Himayathnagar, Hyderabad. ...Respondents l.A. NO: 1 OF 201T]MACMAMP. NO: 1122OF 20171 Petition under Order Vl Rule 17 R/W Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders permitting the petitioners to amend the claim amount by substituting Rs.47,81 ,O0O/- and deleting Rs.15,O0,0O01. Counsel for the Appellant : Sri T Vishwarupa Chary Counsel for the Respondent No.l : _ _ _ Counsel for the Respondent No.2 : Sri N Mohan Krishna The Court delivered the following: Judgment
HONOURABLE SRIJUSTICE P. SAM KOSHY AND HONOURABLE SRI JUSTICE N' TUKARAMJI M.A.qM. No.524 0F 2077 IUDGMENT: gm Hon'bte Si lustice N. Tukznmj) We have heard Mr' T' Vishwarupa Chaty' learned counsel for the Petidoners and Mr' N' Mohan Krishna' learned counsel for the respondent No'2/insurer' Z. This appeal has been filed by the claim petitioners dissatisfied by the quanrum of compensation awarded in the decree and order dated 29'09'2016 in O'P'No'1328 of 2012 on rhe file of the Chairman' Motor Accidents Claims Tribunal-cum-XXV Additional Chief Judge, Ciry Civil Courts, HYderabad' 3. The case of the appellants/petitioners is that on 11,.02.2012 at about 8.30 p'm' while Mr' K' Bala Krishna (hereinafter 'the deceased) along with his friend were ed.ing on motorcycle, near Annojiguda village, one lorry
P5K,]&NTR,J Mar'ma_524 20L7 bearing registration No.AP16TU-3413 driven by its driver in rash and negligent manner dashed motorcycle from behind and caused grievous injudes to both the riders and by the time the injured were removed to the hospital, the deceased succumbed. Thereupon the wife, minor sons and the Parents of the deceased filed petition clairning compensation of Rs.15 lakhs. 4. The tribunal on considering the materials awarded Rs.16,02,000/- with interestatSoh per annum from the date of the petition till the date of decree and thereafter 60/o per annurn all realtzatton. 5. Learned counsel for the appellants would contend that though there was evidence of the employer/PW-3 that the deceased was working as accoufltaflt in his company fot the salary of Rs.18,000/- per month as tn salary certificate/Ex.A- 6 the tribunal discredited tlre evidence and taken notional 2 "' income of Rs.6,000/- per month. Further, furure prospects \ I
PSK,J&NTR,] Macma 524 2017 were not considered and meager arnounts were awafded tou/ards conventional heads. Hence prayed for reassessment 3 6. Leamed counsel for the respondent No.2,/insuter would submit that considering the evidence of wife of the deceased/ P!7-1 and the admitted educational qualification of the deceased and the salary certificate produced, the tribunal rbhdy disbelieved the evidence, however reasonably quantified the monthly income of the deceased at Rs.6,000/-. Furtler asserted that the future prospects, deduction towards the personal expenses and the multiplier were properly employed in arriving ^t the compensation. However the tribunal granted excessive amounts towards consortium and funeral expenses, hence prayed for considering rhese aspecrs while determining t}le appeal. 7 . !fle have carefully perused the materials on record. J.
P5K,J&NTR,J Macma-524'2017 8. The petitioner No.1 as PW-1 pleaded that her husband/deceased was aged 26 years and was eafnrng Rs.i5,000/- per month in private employment. In support filed salary ceraficatef Ex.A-6 showing the occupation of the deceased as accountant and salary of Rs.18,000/- per month. Nonetheless, in cross examination, she had stated that her husband/deceased had studied up to 7'h class. 9. The employer as P!7-3 deposed that the deceased worked with him for the last 10 years and he paid Rs.18,000/- AS salary. However admitted that he never issued any appointment letter or maintained any wage of salary regrster and he cannot produce income tax returns of his company and none of his employee including the deceased, are covered under E.S.I. Scheme' 10. By the above read evidence, though there is discrepancy in regard to occupation and rnonthly income of the deceased, having regard to the fact that he is employed in 4
P5K,J&NTR,J Macma 524 2017 a trading company and such occupation would certainly in a better footing than manual labour, u/e are of the considered opinion that month-ly eaming of the deceased at Rs.9,000/- can safely be believed. 11. Having regard to the age and the occupaLion of the deceased is in the nature of employment with fixed salary and the dictum in National Insurance Compary lld. us. Pranalt Sethi and otherst 40o/o of the income has to be added towards future prospects. Thus the annual salary of the deceased would be at Rs.1,51,200/-, which is within the taxable limit. 12. As the dependants are more than three in number, as per the settled position, 7/4'h of income has to be deducted towards personal expenses and the remainder if multiplied with relevant multiplier to the age of the deceased i.e. 17, the total comes to Rs.19,27,800/-. The petitioners are entided to s amount for loss of dependency. 5 _l T '(2017) 16 scc E6o i
PSK,J&NTR-J MacfiE 524 )O17 13. In addidon, as per rhe directives of the Consdrutional Bench of the Hon,ble Supreme Court in Nailona/ Insurance CompanL Ltd. at. pmnalt Setbi and ot/terf, Magna General Inurann Conpanl Umi*d a. Nanu Ro* @ Chubru Ram and otber? and Uniad India Inwrance Comparyt Lil. a. Satinder Kaur @ Son lrdt Kaur antl otherta rhepetirioner No.l is entitled for spousal consortium at Rs.4g,400/_, petidoner Nos.2 and 3 are entitled for parental consordum ar Rs.4g,400/_ each and the petitioners 4 and 5 are entided for fihatconsortium at Rs.48,400/_ each and Rs.36,300,/_ towards Ioss of estate and funeral expenses. 14. Rs terms of the In all, the petitioners are entitled for compensation of .22,06,100/_ (Rupees rwenry rwo lakhs six thousand and one hundred only). The rate of interest, apportionment and disbutsement of the compensadon amount, shall temain in rmpugned award. Furdrer the respondent : (20l7) 16 scc 860 :i33i?1,1"H;r
PSK,J&NTR,J l4ac.na_524 201-7 No.2/insurer is directed to deposit the differential compensation amount within six weeks from the date of receipt of a copy of this order. 15. Accordingly, the decree and award dated 29.09.2016 n O.P.No.1328 of 2072 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-XXV Additional Chief Judge, City Civil Courts, Hyderabad stands modified. 1,6. In the result, the appeal is allowed with costs As a sequel, miscellaneous petitions pending if any, stands closed SD/- T. JAYASREE ASSISTANT REGIS //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Motor Accident Claims Tribunal-cum- XXV Additional Chief irOS", City Civil Court, Hyderabad (With records) , , z. ii.""ijCi. sri r Mshwarupa chary' AdvocatelgP^ycl 3. one CC to Sri N Mohan Krishna, Advocate [oPUU'l 4. Two CD CoPies ADt</AK Ft- 7 -.ii-. ff ln tr
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HIGH COURT DATED:14/1212023 JUDGMENT MACMA.No.524 ot 2017 ALLOWING THE MACMA WITH COSTS 6c"e14 YY a-.-uq { r.._\ -,4. '] .jl Al I: tro tt $$q ttu :- 1.,r, t, 4.,. N 'i< 71; - r .rry {:
'' -'I' N rHE Hrc'H "o'Tf3$rtI*1Bt#E oF r€LANGANA THURSDAY, THE FOURTEENTH DAY OF DECEMBER ..'_ TWO THOUSANDAND TWENTYTHREE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI clD CELLANEOUS AP L NO: Wlo. Late. K. Bala Krishna, Aged 28 years, Occ Household, anth' S/b. Late. K. Bala Krishna, Aged 7 years, Occ Nil' k, s/o. Late. K. Bala Krishna, Aged 6 years, Occ Nil, ma, Wto. Beerappa Aged 54 years, Occ Household' ppa, S/o. K. Bachanna, Aged 54 years, Occ Nil, (AppeHant 2 and 3 inot ate represented by their Mother cum natural guardian Appellant H.No 3-1 5-90/1 . Ramaftthapur, Hyderabad ...Appellants ha C/o. Sheetal Reddy. Aged Major, Occ Business, Ri/o H'No lndiranagar, UPPal, HYderabad eneral lnsurance ComPanY Limited, Rep.by its Branch Manager, io, ttt ftoor, Anand Estate, Liberty Road, Himayathnagar, ed Under Section 173 of Motor Vehicles Act,1988 a ...Respondents gainst the Order the Court of the p.No.1328 0f 2012 dated.2910912016 0n the file of r Accident Claims Tribunal-cum- XXV Additional Chief Judge, City al coming on for hearing and upon perusing the grounds of nd Decree of the Lower Court and the material papers in the eaflng the arguments of Sri T Vishwarupa Chary, Advocate for the NMohan Krishna, Advocate for the Respondent No.2 and none ondent no.1 h Order and Decree as follows : r Accident Civil Miscellafleous Appeal be and hereby is Allowed at the decree and award dated 29/09/2016 in O.P.No.1328 of { i: ,,# is# and Chai Civil ORDE apPeal, Case a 1 n) .fr
2012 on the file of the Chairman, Motor Accident Claims Tribunal-cum- XXV Additional Chief Judge, City Civil Court, Hyderabad stands modified 2. That the Petitioners be and hereby are entitled for compensation of Rs.22,06,1001 (Rupees Twenty two lakhs six thousand and one hundred only), that the rate of interest, apportionment and disbursement of the compensation amount, shall remain in terms of the impugned award. 3. That the respondent No.2/insurer be and hereby is directed to deposit the differential compensation amount within six weeks from the date of receipt of a copy of this order. 4. That the appellants/claimants be and hereby are entitled costs of Rs.173A to be paid by the Respondents MEMORAN M OF COSTS ffi Stamps for Vakalatnama Stamps used for the Memo Stamps for Judgment of the Lower Court Stamps for decree of the Lower Court Value of Copy Stamp paper used for enclosures Advocate's fee (Fee Certificate not filed) Batta and Postage Court Fee Total //TRUE COPY// To, 173 - 00 SD/- T. JAYASREE ASSISTANT Gls SECTION OFFICER Rs. Ps. 55- 00 25- 00 2- OO 3- 00 28 -00 00 -00 50-00 10-00 1 . The Motor Accident Claims Tribunal-cum- XXV Additional Chief Judge, City Civil Court, Hyderabad (With records) 2. Two CD Copies $ # Y 1 ,aL !l *,}r :!.
HIGH COURT DATED:1411212023 DECREE MACMA.No.524 of 2017 ALLOWING THE MACMA WITH COSTS ffi tl I rr-{ !,::!4 -rl .r.tidAf* .it :!! 4 rffi rB ii.