Partly allowed

S.Satyanarayana Goud v. the State of a.P., Thru Acb, Nizamabad, Rep. by Spl.P.P.

Telangana HC13 Oct 2022CRLA/100/2007

Case brief

AI extract

What is this about?

The High Court allowed the Motor Accident Civil Miscellaneous Appeal partly. It upheld the Tribunal's calculation of net monthly income for loss of dependency but reduced the compensation for conventional heads (consortium, funeral, etc.) from Rs. 2.25 lakhs to Rs. 77,000 as per Supreme Court precedent, lowering the total award.

What did the court decide?

Compensation reduced from Rs. 1,28,15,488 to Rs. 1,26,69,488; other aspects of the Tribunal's decree confirmed.

S.Satyanarayana Goud Vs the State of a.P., Thru Acb… — Motor Accident Claims | Telangana HC (2022)

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[³²⁸¹ I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY ,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE JUSTICE G SRI DEVI AND

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THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI

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M.A.C.M.A.NO: 2026 OF 2017

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Appeal Under Section 173 of Motor Vehicles Act against the Order and Decree made in M.V.O.P.No.936 of 2013 dt.18.01.2017 on the file of the Court of the Principal Motor Accident Claims Tribunal-Cum-Principal District Judge, Warangal.

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Between

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The New lndia Assurance Company Ltd.,Rep. by its Divisional Manager, Divisional Office At 2061207, Park Lane, Second Floor, Chenoy Trade Centre, P/B No.1708, Secunderabad.

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The New lndia Assurance Company Ltd.,Rep. by its Divisional Manager, Divisional Office At H.No.4-5-197, Second Floor, Prodduturi Complex, Hanamkonda, Warangal.

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...APPELLANTS/RESPONDENT Nos.2 & 3

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AND

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Smt.Bheemavarapu @ Komandla Sunitha Reddy, Wo. Late Dr.Siva Prasad Reddy, aged 40 years, Occ: Employee.

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Mr.Bheemavarapu Harshith Reddy, S/o. Late Dr.Siva Prasad Reddy, aged 17 years, Occ: Student.

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Ms.Bheetrovarapu Aishwarya, D/O. Late Dr.Siva Prasad Reddy, aged 15 years, Occ: Student.

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(The Respondent No.2 & 3 are minors rep. by their natural mother and guardian Smt.Bheemavarapu @ Komandla Sunitha Reddy i.e. Respondent No.1)

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All are R/o H.No.11-29-116, Bank Colony, Warangal City & District.

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...RESPONDENTS/CLAIM PETITIONERS

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Sri.lt/ Laxman Rao, S/o Not known Aged: Major, Occ:^{()lvner-Cum-Driver} of the Crime Vel' icle, R/o Plot No.1 52, Vivekananda Nagar Colony, Kukatpally, Ranga Reddy District.

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Sri Bheemava apu Nagi Reddy, S/o Sri.Narsa Reddy, age: 75 years, Occ: Retd. En pl,:yee R/o H.No.24-5-90, Darga, Kazipet.

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...RESPONDENTS/RE.S;PONDENT No.1 & 4

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MACMAMP. No: 36{ 3 OF 2017

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Petition under Section 151 CPC praying that irr the circumstances stated in the affidar it filed in support of the petition, the iligh Court may be pleased to stay of all further proceedings dated 18.01.2017 irr ltil V 0.P.No.936 of 2013 on the file of the Chairman, Principal Motor Accidents Claims Tribunal-Cum-Princip al District Judge, Warangal inr:luding execution proceedings.

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Counsel for the Appr llants : SRl. T RAMULU

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Counsel for the Respondent No.1 : SMT N KAMALA

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Counsel for the Resp cndent Nos.4 & 5 :NONE APPEARED

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The Court delivered hr: following: JUDGMENT

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THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G,PRIYADARSINI

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M.A.C M.A.No .2026 of 2017

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JUDGMENT: (per Hon,bte Justice G. Sridevi)

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This appeat is fited under Section 173 of Motor Vehictes Act, aggrieved by the order and decree, dated 1g.01 .2017 passed in M.V.0.p.N0.936 of ZO1 3 on the fite of rhe principat Motor Accidents Ctaims Tribunat, Waranga[ (for short .,the Tribunat").

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Z. For the sake of convenience, the parties wi[ be hereinafter referred to as arrayed before the Tribunat.

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Brief facts of the case are that the petitioners fited a petition under Section 166 of the Motor Vehictes Act, 19gg claiming compensation of Rs.1,62,91,4801 - for the death of one Bheemavarapu Siva Prasad Reddy (hereinafter referred to as "the deceased"), who died in a motor vehicle accident. lt is stated that on 06.09.2013, the deceased teft his^house to^{go to} Hyderabad in Atto Car bearing No.AP 36 M 4ggg^{to bring the 3'd} petitioner from hotet and on the way when he reached^the

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-t

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GS) - ano MGP,^J Macrna-2026-2017

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famiLy memb ?rs,^{inctudinghimself} ,^{to ctaim sl are in the} conlpensation alnount.

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B Basing rn the above^{pteadings,the Trjbunat framedthe} fottowing issu:s:^-

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Wh:ther the accident occurred on accourt of rash and ner ligent driving of lnnova Car No.AP 28 LU 4239?

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Whether the petitioners are entitled for ,:ompensation to lhe extent ctaimed against the respondents and^.if th( y are tiabte to satisfy the ctaim of the petitioners joi ttty and severatty?

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To what retief?

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On beratf of the appettants, p.Ws.1 to 3 were examined and Exs.A'l o 46 and Exs.Xl to X4 were marked. On behatf of the respon,lents, R.W.1 was examined and t.x.B1_copy of lnsurance^p< licy was marked.

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After considering the ora[ and documenl.ary evidence avaitabte or record, the Tribunat hetd that the accident was occurred du: to the rash and negtigent driving of the driver of the lnnova Car bearing No.Ap 2g U 4Z3g and accordingty awarded an rmount of Rs.r,2g,16,4gg/- with intere,st @ 7.5% per annum from the date of petition titt the date of realization

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GsD, J and MGp, J Macma_2o26 2017

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payab{e by the respondents 1 to 3 jointty and severatty. chattenging the same, the present appeal came to be fited by the lnsurance Company.

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Heard and perused the record.

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Learned Standing Counsel appearing for the appettantlnsurance Company is that the Tribunat ought to have deducted income tax from the net satary of the deceased. lt is atso contended that the Tribunal erred in awarding Rs.2,25,000/towards loss of consortium, loss of estate and love and affection and funeral expenses but in view of the taw taid down by the Apex Court, the petitioners are entitted to onty Rs.77,000/under conventional heads, therefore, the same may be reduced to Rs.77,000/-.

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Learned Counsel^{appearing for the petitionerswoutd} submit that the^{Tribunathas rightty takenthe monthly income} of the deceased at^{Rs.86,480/- after deductingRs'12,000i-} towards income^{tax from out of the gross satary of Rs'98,480/"}

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A perusal of the impugned^{judgment would show that the} Tribunal has framed^{lssue No.1 as to whether the accident}

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S GSt), J^{and MGP,J} Macnra ,2026-20'17

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17.^{Latera three Judge bench of the ApexCour: tn lAonsvi} Jain Vs.^{Delh TransportCorporotion ond otheri observedas} under:

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" WhiLe considering^{the issues of deduction of taxes'} contributions^{etc., for arriving at the figure of net monthty} income, hetd^{that white ascertainingthe incomeof the} deceasel, any^{deductions shown in the satarycertilicateas} deducti'^rns towards^{GPF, Life lnsurancepremium,repayments} of [oan: etc.^{shoutdnot be exctudedfromthe incorreThe} deducti rn towards^{income tax/surchargealone siotrtd be} conside ed to arrive^{at the net income of thedeceas(ld "}

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'18. ln viev' of the iudgments referred to above the ptea of the counsel for :he appettant that^{even if Ex'X1 is a':cepted, onty} net salary h,rs to be taken into consideration^{for calculating the} toss of deperdency cannot be accepted. After considering^the age and av,)cation of the deceased, the Tribun,lt has rightty taken the in:ome of the deceased at Rs.86,480/-^prer month and after adding 30% of the future prospects; after dr:ducting 1/3'd amount and applying muttiptier at '14' the TribunaI has awarded Rs.1,25,91,288/-. Therefore, we see no reason to interfere with the amount awarded by the Tribunal under the head of loss of

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t 2ot 4 ACJ t4t6

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GsD, J and MGP, J Macma_2026_2017

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dependency. As per the law [aid down by the Apex Court in National lnsurance Company Limited Vs. Pranay Sethi ond othersa, the petitioners are entitled to only Rs.77,000/- towards loss of consortium, loss of estate and funeral expenses, therefore, the amount of Rs.2,25,000/- awarded by the Tribunat towards loss of consortium, toss of love, care and protection of minor petitioners and funeral expenses is hereby reduced to Rs.77,000/-onty.

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AccordingLy, the M.A.C.M.A. is partty attowed and the compensation awarded by the TribunaI is reduced from Rs.1,28,15,488/- to Rs.1,76,69,4881-. There shatl be no order as to costs.

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Miscettaneous petitions, if any, pending shatI stand closed.

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HIGH COURT

DATED:0710712022

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JUDGMENT

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MACMA.No.i1026 of 2017

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PARTLY AL LOWING THE MACMA WIT'HOUT COSTS

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE JUSTICE G SRI DEVI AND

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THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI

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M.A.C.M.A.NO:. 2O26 OF 2017

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Between

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The New lndia Assurance Company Ltd-,Rep. by its Divisional Manager, Divisional Office At 2061207 , Park Lane, Second Floor, Chenoy Trade Centre, P/B No. 1 708, Secunderabad.

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The New lndia Assurance Company Ltd.,Rep. by its Divisional Manager, Divisional Office At H.No.4-5-197, Second Floor, Prodduturi Complex, Hanamkonda, Warangal.

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...APPELLANTS/RESPONDENT Nos.2 & 3

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AND

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'1. Smt.Bheemavarapu @ Komandla Sunitha Reddy, Wo. Late Dr.Siva Prasad Reddy, aged 40 years, Occ: Employee.

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Mr.Bheemavarapu Harshith Reddy, S/o. Late Dr.Siva Prasad Reddy, aged 17 years, Occ: Student.

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Ms.Bheetrovarapu Aishwarya, D/O. Late Dr.Siva Prasad Reddy, aged^'t5 years, Occ: Student.

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(The Respondent No.2 & 3 are minors rep. by their natural mother and guardian Smt.Bheemavarapu @ Komandla Sunitha Reddy i.e. Respondent No.1)

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All are Fl/o H.No.11-29-116, Bank Colony,^{WarangalCity & District.}

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...RESPONOENTS/CLAIM^PETITIONERS

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Sri.M.Laxman Rao, S/o^{Not known} Aoed: Maior. Occ: Owner-Cum-Driver^of the Crime Vehicle, R/o^{Plot No.152} ,^{Vivexan6ncia NagarColony,Kukatpally,} Ranga ReddY District.

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Sri Bheemavarapu^{Nagi Reddy,S/o Sri.Narsa Reddy, age:75 years'} - oc; neia. emptbyee Rlo H.t'tb.z+-5-90, Darga, Kazipet'

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...RESPONDENTS/RESPONDENT^{No'1 & 4}

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Appeal Ur Cer Section 173 of Motor^{Vehicles Act against the Order} and Decree made in M.V.O.P.No.936^{0f 2013 dt.18.01 .2017 c)n the file of the} Court of the Principrrl^{Motor Accident Claims Tribunal-Cunr-PrincipalDistrict} J udge, Warangal.

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ORDER:- This appea coming on for hearing and upon^{perusing the groundsof} appeal, the Judgment and Decree of the Lower Court and the^{tnaterial papers in the} MVOP and upon he rring the arguments of SRI T RAMULL, Advocate^for the Appellants and of StV T N KAMALA, Advocate for the Respondent No.1 and of the Respondent Nos.4 & 5 not appeared either in^person or by Advocate.

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This Court doth Order and Decree as follows:-

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That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed in part and the compensation awarded by the Tribunal is reduced from Rs/1,28,1 5,488 tc 1,26,69,488/-

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