Appeal against Motor Accident Claims Tribunal award of Rs.3.8 lakh compensation. The Court enhanced the amount to Rs.5.41 lakh by correcting the multiplier factor, adjusting the deduction for personal expenses, adding future prospects, and increasing the conventional sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE A. SHANKAR NARAYANA M.A.C.M.A. No.1849 OF 2009
JUDGMENT:
The present appeal is preferred under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act’) by the petitioners, dissatisfied with the award of Rs.3,80,000/- as compensation, by the order and decree, dated 11-09-2004, passed by the learned Chairman, Motor Accident Claims Tribunal - cum - District Judge, Nizamabad (for short ‘the Tribunal’), in O.P. No.627 of 2004, for the death of one Koppula Poshetty as against the claim of Rs.15,00,000/- laid under Section 166 of the Act by the wife and children of the deceased, seeking enhancement.
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No.AP 09/AM 8991 driven by its driver at high speed in a rash and negligent manner, since lost control over it, hit him from behind and ran over him, due to which, he died instantly.
i) The petitioners claiming that the deceased was 40 years old,
earning Rs.15,000/- per month by doing agriculture and cattle business and was contributing his earnings to the family, sought to grant the aforesaid sum as compensation from respondent Nos.1 and 2, owner and insurer of the car respectively.
before the Tribunal.
opposing the claim.
besides examining PWs.2 and 3, and Exs.A-1 to A-7 were marked, whereas, no witnesses were examined on behalf of the respondents, and only copy of insurance policy was marked as Ex.B-1.
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personal living expenses of the deceased, arrived the annual contribution of the deceased towards his family at Rs.24,000/- and having applied the multiplier to it, arrived the loss of dependency at Rs.3,60,000/-. The Tribunal also awarded a sum of Rs.15,000/towards loss of consortium and love and affection and Rs.5,000/towards funeral expenses etc., making a total sum of Rs.3,80,000/- as compensation with interest at 7.5% per annum thereon from the date of petition till realization.
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ground that the father’s name of the deceased was wrongly noted on the pattadar pass book and, therefore, he seeks to grant balance amount.
& others v. Delhi Transport Corporation and another1 . However, keeping in view, the dependants are ‘4’ in number, the deduction should have been ‘1/4th ’, but not ‘1/3rd ’ as per the very same decision. When 1/4th is deducted towards personal living expenses of the deceased, his contribution would work out to Rs.27,000/-. When the
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multiplier ‘14’ is applied, loss of dependency works out to Rs.3,78,000/- [Rs.27,000 x 14].
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As a sequel thereto, miscellaneous applications, if any, pending
in the appeal, stand disposed of.
___________________________ A. SHANKAR NARAYANA, J
September 12, 2016. Mgr
3 issues framed by the court
Whether the Tribunal correctly applied the multiplier factor for the age of the deceased.
Whether the deduction for personal living expenses and future prospects was correctly calculated.
Whether the compensation awarded by the Tribunal should be enhanced.
Wife and children of deceased Koppula Poshetty
Owner and insurer of the car
A. SHANKAR NARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
