Dismissed

The Oriental Insurance Company Limited, v. Smt. K. Paringa

Telangana HC14 Feb 2012CMA/2435/2002

Case brief

AI extract

What is this about?

The Motor Accident Claims Tribunal dismissed an appeal by The Oriental Insurance Company Ltd. against an award of Rs.4 lakhs compensation to the widow and minor children of a skilled labourer who died in a motor accident, upholding the Tribunal's calculation based on daily earnings and the multiplier of 16.5.

What did the court decide?

The appeal is dismissed; there shall be no order as to costs.

The Oriental Insurance Company Limited, Vs Smt. K… — Motor Accident Claims | Telangana HC (2012)

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THE HON’BLE MR JUSTICE R. KANTHA RAO

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CMA NO. 2435 OF 2002

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DATED: 14.02.2012

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Between:

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The Oriental Insurance Co. Ltd.

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.. Appellant

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And

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Smt K.Paringa and others

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.. Respondents

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THE HON’BLE MR JUSTICE R. KANTHA RAO

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CMA NO. 2435 OF 2002

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JUDGMENT:

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This appeal arises out of the order dated 27.03.2002 passed by the Motor Accident Claims Tribunal cum IV Additional Chief Judge, City Civil Court, Hyderabad in O.P.No.150 of 2000.

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2. The Oriental Insurance Company which is the second respondent before the Tribunal filed the present appeal.

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3. Heard Sri S.Agasthya Sarma, learned counsel appearing for the appellant and Sri C. Vikram Chandra, learned counsel appearing for the respondents/claimants

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4. The claimants, who are wife and minor children of the deceased filed claim petition under Section 166 of he M.V. Act for compensation of Rs.4 lakhs on account of death of the deceased on 26.11.1999 at about 4.00 PM in a motor vehicle accident. Since the learned counsel representing Sri Agasthya Sarma appearing for the appellant confined her arguments to the quantum of compensation, the other questions need not be adverted to in the present appeal.

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5. Against the claim of Rs.4 lakhs made by the claimants, the learned Tribunal awarded compensation of Rs.4 lakhs. It is to be noticed herein that in fact the Tribunal arrived at a finding that the respondents/claimants are entitled for compensation of Rs.4,31,000/- and confined the award to Rs.4 lakhs only, the amount which the claimants actually claimed in the claim petition.

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6. There is no dispute about the fact that the deceased was 30 years on the date of his death and the learned Tribunal though there is no documentary proof regarding the income of the deceased rightly held that he being skilled labourer can get income of Rs.100/- per day and thereby arrived at his monthly income at Rs.3,000/- for the purpose of computing the compensation. From this 1/3^rd has to be deducted towards his personal and living expenditure and rightly applied the multiplier of ’16.5’ and arrived at the finding that the claimants are entitled for compensation of Rs.4,31,000/-. The computation of compensation is in accordance with the judgment of the Supreme Court in SARALA VARMA AND OTHERS v DELHI TRANSPORT CORPORATION AND ANOTHER^[1] . Therefore, I absolutely see no merit in the present appeal.

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7. In the result, the appeal fails and the same is dismissed. There shall be no order as to costs.

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Date: 14.02.2012 R. KANTHA RAO, J kvrm

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THE HON’BLE MR JUSTICE R. KANTHA RAO

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CMA NO. 2435 OF 2002

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DATED: 14.02.2012

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[1] 2009 ACJ 1298

The Oriental Insurance Company Limited, v. Smt. K. Paringa

Case brief

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The Oriental Insurance Company Limited, v. Smt. K. Paringa

Case brief

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