Appeal against Motor Accidents Claims Tribunal award questioning compensation quantum. Court held quantum sustainable based on evidence but reduced interest from 9% to 6% per annum as per ends of justice.
Lower Tribunal award confirmed; interest reduced from 9% to 6% per annum; no order as to costs.
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HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
M.A.C.M.A.No.3849 OF 2011
JUDGMENT:
The appeal is filed by the appellant/respondent No.2 against the award in O.P.No.371 of 2003 on the file of the Motor Accidents Claims Tribunal-cum- I Additional Chief Judge, City Civil Court at Secunderabad, questioning the quantum of compensation.
2. A claim for compensation of Rs.18,68,000/- was made consequent on the death of the deceased Nageswar Rao in a motor accident. Parties are referred as arrayed in the lower Tribunal.
3. According to the case of the petitioners, the deceased was an Ex.Service Man and getting a compensation of Rs.2,200/- per month and thereafter, he has taken up legal profession. On 26.062003 at about 3.30 P.M., while he was going on a TVS Scooty bearing No.AP 10P 7765 and reached near Army School, Ramakrishna Puram, the Eicher vehicle bearing No.AP 28 U 5265 came in a rash and negligent manner and dashed against the Scooty, as a result of which, he received injuries and died. The petitioners are wife, children and mother of the deceased. The 1st respondent is owner of the offending vehicle and the 2nd respondent is Insurance Company and both of them denied the nature of the incident, earning capacity of the deceased and contended that the compensation claimed is excessive and untenable. After considering the evidence on record, the Tribunal below has granted a compensation of Rs.9,66,000/-. Questioning the same, the present appeal is filed.
4. The point for consideration is whether the quantum of compensation granted by the Tribunal below is legal and sustainable?
5. POINT:
According to the learned counsel for the appellant, the determination of the income by the lower Tribunal is not correct and it cannot be accepted since except the pension of Rs.2,200/-, which deceased was getting, the income from profession is not proved. Though the huge sum of earning was claimed, the Tribunal below has confined the income of the deceased from profession to a sum of Rs.7,000/-. Evidently, the deceased was only aged 48 years by the date of incident and his active participation in the profession and earning cannot be denied. The income fixed at Rs.7,000/- per month from the profession, when it is not supported by other documentary evidence but only the oral evidence of the other person, is based on guess work and it cannot be said to be excessive or unreasonable. Therefore, taking into consideration so far as the quantum of compensation is concerned, I do not think there is any error committed by the Tribunal below calling for interference. However, the Tribunal below granted interest at 9% and as the quantum of compensation being on higher side, I feel the ends of justice would meet if the interest is granted at 6% per annum on the amount of compensation.
With the above modification, the award of the lower Tribunal is confirmed and the appeal is accordingly disposed of. There shall be no order as to costs.
_______________________________ JUSTICE N.R.L. NAGESWARA RAO Date: 07.02.2012 INL
2 issues framed by the court
Whether the quantum of compensation granted by the Tribunal is legal and sustainable?
Whether the interest rate granted by the Tribunal requires modification to meet ends of justice?
Appellant/Respondent No.2
Owners of offending vehicle/1st Respondent in lower Tribunal
Insurance Company/2nd Respondent in lower Tribunal
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
