Partly allowed

Vasam Kommaiah v. Kanukuntla Srinu

Telangana HC23 Aug 2012CMA/3687/2003

Case brief

AI extract

What is this about?

The High Court allowed the appeal partly, directing re-fixation of compensation at Rs.7,05,000/- by deducting 1/4th for personal expenditure and awarding for loss of consortium and non-pecuniary losses. The Court rejected future prospects due to lack of proof of permanent employment status.

What did the court decide?

The compensation amount re-fixed at Rs.7,05,000/- payable to appellants with interest; lower Tribunal to re-fix individual entitlement.

Vasam Kommaiah Vs Kanukuntla Srinu — Motor Accident Claims | Telangana HC (2012)

¶1

HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.No.3687 of 2003

¶2

JUDGMENT:

¶3

Dissatisfied with quantum of compensation awarded by the lower Tribunal to the appellants who are dependants on the deceased who died in a road accident, this appeal is filed by the claimants. As against claim of Rs.10,00,000/-, the lower Tribunal awarded compensation of Rs.6,06,000/-. The appellants have two grievances namely that the lower Tribunal should have deducted 1/4^th of his income towards his personal expenditure as the dependants/claimants are 6 in number and that future prospects of the deceased in his employment were not taken into consideration. The appellants’ counsel further contended that inspite of the claimants filing Ex.A.8 salary certificate of the deceased, the lower Tribunal erroneously took income of the deceased notionally at Rs.5,000/- per month.

¶4

2. Even though Ex.A.8 salary certificate said to have been issued by the school authorities is filed by the claimants, they did not choose to examine any person relating to the said certificate. The person who issued the

¶5

certificate is not examined. Authenticity of the said certificate in the absence of proper proof of the same, is doubtful. Therefore, rightly the lower Tribunal did not place any reliance on Ex.A.8 salary certificate relating to the deceased. No evidence like service register etc. is produced by the claimant before the lower Tribunal to show that the deceased was a Government Teacher and he was working on permanent basis. In the absence of proof of nature of service of the deceased and proof of the fact whether he was a temporary teacher or a permanent teacher, the question of awarding compensation for future prospects as laid down in Sarla Verma v Delhi Transport Corporation^[1] does not arise at all. The lower Tribunal rightly did not award any compensation for future prospects in this case.

¶6

3. The lower Tribunal took salary of the deceased as Teacher at Rs.5,000/- per month. There are 6 claimants who are dependants on the deceased. They are parents, wife and three minor children. Therefore, as per Sarla Verma (Supra), deduction towards personal expenditure of

¶7

the deceased should be 1/4^th of his income. Financial dependency of the appellants on the deceased comes to

¶8

Rs.3,750/- per month or Rs.45,000/- per year. As per Sarla Verma (Supra), multiplier for the age of 37 years is 15. Therefore, pecuniary compensation comes to Rs.6,75,000/. Apart from that, the lower Tribunal awarded Rs.15,000/towards loss of consortium and Rs.15,000/- towards other non-pecuniary compensation. Total compensation amount comes to Rs.7,05,000/-.

¶9

4. In the result, the appeal is partly allowed, re-fixing the compensation amount at Rs.7,05,000/- payable to the appellants together with interest as awarded by the lower Tribunal. The lower Tribunal will re-fix entitlement of each of the appellants out of the compensation amount and also will pass necessary orders for withdrawal of compensation amount in terms of the case law on the subject. No costs.

¶10

____________________________ SAMUDRALA GOVINDARAJULU,J

¶11

Dt. 23^rd August, 2012. PNV

¶12

[1] 2009 (6) Supreme Court Cases, 121

Vasam Kommaiah v. Kanukuntla Srinu

Case brief

What is this about?

What did the court decide?

Vasam Kommaiah v. Kanukuntla Srinu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Settipalli Raghu Rami Reddy Ex.Mla Vs State of Ap

Kunduru Venkata Rami Reddy, Vs The State of A.P.

Chegodi Ashok Babu Vs The State of a.P., rep. by P.P.

Smt.Kalavathi Vs The State of Ap.

R.Gopi Vs M.a.Rasheed

The New India Assurance Co. Ltd. Vs Dangi Suguna