Partly allowed

Tsrtc and Another v. Ch. Neeraja and 2 Others

Telangana HC1 Jul 2022MACMA/2575/2017

Case brief

AI extract

What is this about?

High Court modified the accidental death compensation award by correcting the income basis, adjusting the multiplier to reflect the deceased's age of 18, and directing 40% compensation for loss of future prospects, citing National Insurance Co. Ltd. v. Pranay Sethi.

What did the court decide?

Award modified to Rs. 15,72,520 with interest at 7.5% p.a.; respondents directed to deposit amount within 60 days.

Tsrtc and Another Vs Ch. Neeraja and 2 Others — Motor Accident Claims | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY ,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRE S ENT

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THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI

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M.A.C.M.A NOs: 2575 &278.q OF 2017

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Appeals filed under 173 of Motor Vehicles Act against the judgment and decree dated 09/05/2017 made in MVOP.No. 2020 ol 2015 on the file of the Chairman, Motor accident Claims tribunal -cum-Chief Judge, City Civil Court H yderabad

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MACMA NO.2575 0F 2017

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Between

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The Telangana State Road Transport Corporation Rep. by its Managing Director, Musheerabad, Bus Bhavan, RTC X Roads, Hyderabad.

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The Telangana State Road Transport Corporation,, Rep. by its Depot Manager, Midhani Depot, Midhani, Hyderabad. (Owners of the TSRTC Bus bearing No.AP 11 Z 6243)

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Ap pellants/Res pond ents

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AND

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Ch. Neeraja , Wo. Sesha Reddy, R/o. H.No. Mohammadpur village, Domakonda Mandal, Nizamabad District, presently resident of H.No.7-7217, Street No.7, Maruthinagar, Santoshnagar, Hyderabad.

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Ch. Sesha Reddy,, S/ o. Late Venkat Reddy, R/o. ll.No. Mohammadpur village, Domakonda Mandal, Nizamabad District, presently resident of H.No.7-7217, Street No.7, Maruthinagar, Santoshnagar, Hyderabad.

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Pole Yadaiah,, S/o. P. Lachaiah

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(Respondent No.3 herein is not necessary party in this Appeal)

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. Respondents/Petitioners

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LA. NO: 1 OF 2017(MACMAMP. NO: 4570 OF 2017)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of execution of the Judgment and Decree of the Motor Accident Claims Tribunal - Cum - the Court of the Chief Judge, City Civil Courts at Hyderabad, d1.09.05.2017, made in MVOP.No.2020 of 2015.

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M.A.C.M.A NOr 2789 OE:2017

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Between:

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Ch Neerala, Wo. Sesha Reddy, Household

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Ch. Sesha Reddy S/o. Late Venkat Reddy, tloth are R/o. Mohammadpur Village, Oomakonda Mandal, Nizamabad District

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...Appellants/Petitioners

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AND

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'1. THE TSRTC Reptd. by its Managing Director, Musheerabad, Bus Bhavan, RTC "X' Roads, Hyderabad

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The TSRTC, Reptd. by its Depot Manager, Midhani Depot, Midhani, Hyderabad

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Pole Yadaiah, S/o. P. Lachaiah

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... Respondents/Respondents

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Counsel for the Appellants in MACMA No.2575/17

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And for Respondents 1 & 2 in MACMA No. 2789/'17 : Sri N. Vasudeva Reddy(SC FOR RTC) Counsel for the Respondents 1&2 in MACMA No.2575117

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And Appellants in MACMA No.27891'17 : Sri P. Ramakrishna Reddy

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The Court delivered the following:

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THE HONOURABLE SMT.JUSTICE P.MADHAVI DEVI M.A.C.M.A.Nos. 2575 OF 2OL7 and2789 AF 2AL7

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COMMON ORDER:

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The claimants are the appellants in M.A.C.M.A No.2789 of 2017, are also respondents No"1 and 2 in the appeal filed by the Corporation in M.A.C.M.A No.2575 of 2017. Both these appeals Iiled by the Claimants as well as the Corporation are against the award of the Tribunal in M.V.O.P.No.2O2O of 2015, dated 09.O5.2017 on the file of Motor Accident Claims Tribunal-cumThe Court of the Chief Judge, City Civil Court, Hyderabad.

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The claimants, who are the parents of the deceased have sought compensation of Rs.20,00,000/ - for the death of the deceased in the motor vehicle accident that occurred^qn 29.07.2015, who was 18 years of age and was a student of B.Sc.lst year, studying in Avanthi Degree College, Narayanguda, Hyderabad, at the time of death involving TSRTC bus. The Tribunal has adopted a possible monthly income of Rs.12,0OO/by relying upon the Judgment of Andhra Pradesh High Court in the case of B,Ramulamma and Others Vs. Venkatesh Bus Union and Anotherl. Thereafter, giving deductions towards the balance years of study of the deceased, the Tribunal has arrived at his monthly income as Rs.9,600/- and by applying the

t 2o1t lcJ tzo2

N4ACMA.No5.2575 of 2077 & 2789 of 2077

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multiplier of -5 to the compensation, the annual income along rvith other amounts, was computed at Rs.9,89,O00/-.

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Learned counsel for the claimants submit that there is no compensation awarded for loss of future prospects and multiplier was wrongly adopted by taking the age of his mother which was shown as 40 years of age, but thc deceascd was 18 years of age.

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The TSRTC is challenging the award on the ground that the monthly income cannot be taken @ Rs. 12,OO0 l-. The learned Standing counsel for the Corporation submits that except for filing of the receipt for payment of fee for the lst year of B.Sc., no evidence has been hled in support of their contention that the deceased was studying B.Sc. 1"t year. He iurther submits that compensation should have been awarded at a lesser rate and further submits that the interest @ 9o/o per annum awarded by Tribunal is excessive and interest should be awarded at the rate prevailing at the relevant point of time.

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Having regard to the rival contentions and the material on record, this Court finds that the only dispute is about the monthly income adopted by the Tribunal and while the claimants are seeking enhancement, the Corporation is seeking reduction. Horvever, after going through the material on record,

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MACMA.Nos.2575 of 2017 & 2789 ot 2077

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this Court finds that the Tribunal has adopted reasonable gross monthly income @ Rs.12,OOO/- to arrive at the net monthly income of the deceased at Rs.9,6OO/-. However, as regards the multiplier, it is to be taken on the basis of the age of the deceased, but not on the basis of the age of his mother and accordingly 18 is to be adopted as the age of the deceased and the multiplier to be adopted is also 1B and thereafter, compensation towards loss of future prospects has to be awarded @ 40% and accordingly compensation is modified.

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Further, it is noticed that the compensation awarded under other heads is not in accordance with the^judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limlted Vs. Pranay Sethi and others2. Therefore, the compensation is modified accordingly as under:

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Claimant Nos.l and 2 being parents of the deceased are each entitled to filial consortium of Rs.40,00O/- + lOo/o enhancement thereon and the compensation under each of the heads of loss of estate and funeral expenses is also granted @ Rs.15,00O/-⁺ 1O%o enhancement thereon.

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In the light of the above discussion, the compensation is

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modihed as tabulate d below:

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21zotz1 te scc eao

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MACMA.Nos.2575 of 2017 & 2789 of 2077

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Sl.No.	Head	Compensationawarded
1	Income(9,600x12)	Rs,1,15,2OOper annum
2	Futureprospects(a)4OVo	Rs.46,O8Oper annum
I	Deduction toq,ards ersonalexpenses	Rs.8O,64Oi.e.,50%of Rs.1,61,28Ol-
4	TotalIncome	Rs.8O,64Oi.e.,5Oo/oof Rs.1,51,28Ol- I
5	Multiolier	18
6	Lossofcontributionto familS.	Rs.14,51,52Ol-
	FuneralExpenses I	Rs.16,5OO/- (Rs.15,000+107othereo
8	Lossof Estate	Rs.16,5OO/- (Rs.15,000+l07o thcreof)
9	Loss of Consortium Filial	Rs.88,OOO/-(Rs.40,000+I0% thereof payable to each ofthe claimants)
10	Totalcompensation arvarded	Rs.15,72,52Ol-alongwith [email protected] fromthe dateoflilingofthe claim petitiontillpayment. I

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In the result, the award dated 09.05.2017 in M.V.O.P.No.2O2O of 2Ol7 on the lile of Motor Accident Claims Tribunal-cum-Chief Judge, City Civil Courts, Hyderabad, is modified by arvarding a total compensation of Rs. 15,72,520 (Rupees lifteen lakhs seventy two thousand five hundred and twenty only) rvith costs and interest @ Z.S per annum thereon from the date of claim petition to till tJle date of realization

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MACMA.Nos.2575 of 2Ol7 & 2789 of 201-7

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against the respondent corporation. The respondent are directed to deposit the compensation amount within a period of 60 days from the date of receipt of a copy of this^judgment, after giving credit to the deposit of amount, if any, already made. On such deposit, the ciaimant is permitted to withdraw the same without furnishing any security as per the following shares:

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Claimant No.1 (mother) : Rs.8,O0,000/Claimant No.2 (father) : Rs.7,72,5201-

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The Civil Miscellaneous Appeals are partly allowed without costs.

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Miscellaneous petitions, if any, pending in these appeals, shall stand closed.

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Sd/-M,MANJULA DEPUTY REGISTRAR //TRUE COPYil @ SECTION OFFICER

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'l . The Chairman, Motor Accident Claims Tribunal -cunr- Chief Judge, City Civil Court, Hyderabad.^(with record)

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One CC to Sri P.Ramakrishna^{Reddy, Advocate (OPUC)}

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One CC to Sri N.Vasudeva^{Reddy, SC forTSRTC (OPUC)}

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Two CD Copies-

5, One Spare Copy

HIGH COURT

DATED:01/0712022

COMMON JUDGVIENT

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MACMA.NOs.2575 & 2789 of 2017

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Allowing both M,ACMAs partly without costs

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@d"t w- 4$2-

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HIGH COURT^FOR THE STATE^{OF TELANGANA}

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FRIDAY ,THE FIRST DAY OF JULY TWO THOUSANO AND TWENTY TWO

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PRESENT

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THE HONOURABLE SMT JUSTICE P.MAOHAVI DEVI

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M.A.C.M.A NOs: 2575 & 27Ag OF 2017

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M.A.C.M.A NOs: 2575 OF 2017

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Between:
1.	The Telangana State Road Transp6rt CorporationRep.by itsManagingOirector, Musheerabad, Bus Bhavan,RTCXRoads, Hyderabad.
2.	The TelanganaStateRoadTransport Corporation,,Rep.byitsDepotManager, MidhaniOepot,Midhani, Hyderabad. (Owners of theTSRTCBus bearing No.APllZ 6243)
	...Appellants/Respondents
AND
1.	Ch. Neeraja,W/o. SeshaReddy,R/o.H.No.Mohammadpurvillage,Domakonda Mandal, NizamabadDistrict, presentlyresidentofH.No.7-7217,StreetNo.7, Maruthinagar, Santoshnagar, Hyderabad.
2.	Ch.Sesha Reddy,,S/o. Late Venkat Reddy,RJo.H.No.Mohammadpurvillage, Domakonda Mandal, NizamabadDistrict, presentlyresidentofH.No.7-7217,Streel No.7,Maruthinagar, Santoshnagar, Hyderabad.
3.	PoleYadaiah,,S/o.P.Lachaiah
(Res	pondentNo.3herein isnotnecessarypartyinthisAppeal) ...Respondents/Petitioners
M.A.C.M.	ANO: 2789 OF2017
Between:
'1.	Ch Neeraja,w/o.SeshaReddy,Household
2.	Ch.Sesha Reddy, S/o. Late VenkatReddy,Both areRl/o.Mohammadpur Village, Domakonda Mandal, NizamabadDistrict
	...Appellants/Petitioners
AND
1.	TheTSRTC Reptd. byitsManaging Oirector, Musheerabad, Bus Bhavan,RTC'X' Roads, Hyderabad
2.	The TSRTC,Reptd.by itsDepot Manager, Midhani Depot, Midhani, Hyderabad
3.	PoleYadaiah,S/o.P.Lachaiah
	...Respondents/Respondents

¶87

Appeals filed untler 173 of Motor Vehicles Act against the^{judgment and} decree dated 09/05/2017 made in MVOP.No. 2020 ol 2015 on the file of the Chairman, Motor accident Claims tribunal -cum-Chief Judge, City Civil Court Hyderabad

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These appeals coming on for hearing and upon perusing the Memorandum of Appeals, the orders of the Lower Court and the material papers in the case, and upon hearing the arguments of Sri N.Vasudeva Reddy Standing Counsel for the Appellants in MACMA No. 207512017 and Respondent NOs 1 & 2 in MACMA No.278912017 and of Sri P.Ramakrishna Reddy Advocate for the appellants in MACMA No. 2789/2017 and respondents 1&2 in MACI\4A N 0.257 5120'17

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This Court doth order and decree as follows:

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That both the MArlMAs be and hereby are^partly allowed,

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That the award dated 09.05.2017 in M.V.O.P. No. 2020 of 2017 on the file of the Chairman, Motor accident Claims tribunal -cum-Chief Judge, City Civil Court Hyderabad, be and hereby is modified by awarding a total compensation of Rs. 15,72,5201-^(Rupees fifteen lakhs seventy two thousand five hundred and twenty only) with costs and interest @ 7.5'/" per annum from the date of claim petition till the date of realisation against the respondent corporation.

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That the respondents be and hereby are directed to deposit the compensation arnount within a period of 60 days from the date of receipt of a copy of this^judgment, after giving credit to the deposited amount if any already made.

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That on such deposit, the claimants be and hereby are permitted to withdraw the same without furnishing any security as per the following shares

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Claimant No.1 (Irother) Rs.8,00,000/- (rupees eight lakhs only) Claimant No.2 r'father) Rs.7,72,5201- (Rupees seven lakhs seventy two thousand five hundred and twenty only)

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