Partly allowed

Rangu Suma and 3 Others v. Jangam Mariyamma and 2 Others

Telangana HC10 Oct 2023MACMA/2225/2018

Case brief

AI extract

What is this about?

The High Court allowed the Motor Accident Miscellaneous Appeal, enhancing the compensation awarded by the Motor Accidents Claims Tribunal. The court applied the settled law from Sarla Verma to mandate an additional 50% for loss of future prospects for a deceased aged 36, raising the total compensation to Rs. 60,54,887/-.

What did the court decide?

Compensation enhanced from Rs. 40,64,000/- to Rs. 60,54,887/- with interest. Respondents directed to deposit the enhanced amount within six weeks.

Rangu Suma and 3 Others Vs Jangam Mariyamma and 2… — Motor Accident Claims | Telangana HC (2023)

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[³³⁸⁶ ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRl JUSTICE P.SAM KOSHY AND

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THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETW

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MOTOR ACCIDENT CIVIL M ISCELLANEOUS APPEAL NO:2 225 0F 2018

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Appeal filed under Section^.l 73 of M.V.Act., aggrieved by the Award and Decree dated. 25.01 .2018 passed in IVV op No. 338 of 2o11 on the frre of ihe court of the chairman, Ivlotor Accidents craims Tribunar-cum- VII Additionar District Judge, Warangal.

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Between:

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1 Rangu Suma, Wo. Late Ananda Chary Aged 37 years, Occ: house wife, R/o H No.^'138, Gandhinagar, Bhupalpally viltale RnO^'nianO'at, Warangal O,.iii"i^-

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2 Rangu Roopeshwara Chary, Son of late Ananda Chary, aged 21 years Occ student

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Rangu Dineshwara Chary, S/o. late Ananda Chary Aged 19 years, occ

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student

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4 Rangu Subhadra, W/o Late Brahmaiah Aged 69 years, Occ. house wife All qqe R/o H No. 138, Gandhinagar, Bhupatp--alty viildge And .inOiL-W"irng;i District

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...APPELLANTS

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AND

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1 Jangam Mariyamma, Wo. Late John Wilson @ John Wesley Aged 34 yars, o_cc: present owner of crime vehicle baring No. Ap 37 TLTR'S553, R/o.' Kaleshwaram Village and Mandal Karima-ngar District wlo. g frfo. 5Ab, SC Colony Bhujabala patnam, Kaikaluri Mandal, Krishna District.

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The National lnsurance Company L!d., Rep by its Branch lVanager, Branch Office at H No. 58i 1, Beside Nerai RTC Bus Stand Narsimhiii"ri"L'Cf.ri^- Road, Eluru

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3 The National lnsurance Company ltd., Rep by its Branch Manager, granch

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Office at H no. 8-5-43, Seetharama Complex, Station Road Warangal

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(R2 not necessary party)

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...RESPONDENTS

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Counsel for the Appellant: SRl. AJAY KUMAR MADISETTY

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Counsel for the Respondent no.3: SRI G SUDHAKAR on behalf of A. VEERA SWAMY

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Counsel for the Respondent no.1: None Appeared

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The Court made the following: JUDGMENT

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HONOURABLE SRI JUSTICE P.SAM^KOSHY AND HON'BLE SRI JUSTICE LAXMI NARAYANA^ALISHETTY

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M.A.C.M.A.NO.222s OF 20 18

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JUDGMENT:^:(per Hot'ble. Si^{Justice I'oxni Naralgna Alislelllj)}

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Heard learned counsel Sri M.Ajay Kumar^forthc appcllants/claimants and Sri.^{A.Veera Swamy,Iearnedstanding} counsel for rcspondent no.3-insurance^company.

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'lhe prcsent appeal has been hled by the appellantsl clarmants dissatisfied with the award^{passed bythe Motor} Accidents CIaims Tribunal-cum-VII^{Additional Districr} .Iudge, Warangal (for short, 'MACT') in M.V.O.P.No.338^{of 2011,} dated 25.01.2O|a and thereby seeking^{forenhancementol} compensation.

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The brief factual matrix of the^{presentappealis as under-}

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On 26.05.2010, at about^{4.O0 a.m.,while the deceascdi.e,} Rangu Ananda Chary as a^{rider along with Katham Ashok Kumar} as pillion rider were^{proceeding from Bhupalpally to 8-InclineMine} to attend duty on his Discover^{motor cycle bearingregistration}

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PSk.t & LNA,J MACMA No.2225 oi2C18

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..,i'

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No.r\P-36 .,\R-2825 :rnd r,r hen he reached ncar Montcssori School ar Bhupalpalli outskirts, another motor cycle bcaring registration No.AP 37 TL/TR-[3J53, came in opposite djrection in a rash and ncgligent manner and dasl,red the motor cycle of the deceased. due to rvhir.h, dcceasecl su st, ined latal injuries and immediately he u,as shilrecl to Singarcni Area hospital at Bhupalpally, however, he sucr:umbccl to thc lnluries. The police, Bhupalpally police Station rcsistcrccl ;r casc in Crime No.96/201O under Sections 3O4_A & 337 of IPC agarnst the driver oi the offending vehicle and invt:stigated in to thc case.

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Thc clairnants, t.e., appellant No. 1 is wife, appellant Nos.2 & 3 are sons and appcrlant No.4 is mothcr of the deceased, have rrled clalm pctition against owner of the vehicle and insurance company undcr Section 166 (1)(c) of M.V.Act, 1988 read with Rule 455 of Motor Vchrclcs Act, 19g9 before the MACT claiming compensation of Rs.30,00,OOO/- on account of death of deceased in the motor vehicle acciden t

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The claimants claimed that the deceased was aged about 36 years as on the datc of accident, hale and healthy and was working as Tr-ammer in Singareni Collieries at g_Incline Colony and was

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ffi-7

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PSK,J & LNA,J MACMA Na.2225 oI 20)8

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drarving a salary of Rs.29,555/-^{per monthand the claimantslost} thc support of^{the deceased.}

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The respondent No. 1, the owner of the offending^{vehicle and} respondent'^{No.2 who is} the^{insurer of the offending vehicle} remained ex'plt1e.

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Thc respondent no.3, who is the local representative^of respondent no.2 insurance company,^{filed counter and deniedall} the allegations, i.c., the manner^{of occurrence ol accident,the agc} and income o[ the deceased^{and disputed the claim of claimants.}

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g. On thc basis of the above^pleadings, the^{MACTframed thc} following issues:

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i) Whether the accident occurred on 26.05.2010^{aL 4.20} hours near Montessori School, Main Road, Bhupalpally(v) &(m), Warangal District, due to rash and negligent^driving of the driver of Passion Pro-motor cycle bearing No.AP-I7TLlTR-8ss3?

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ii) Whether the petitioners are entitled for compensation? if so to what arnount and from whom?

iii) To what relieP

PsK,] & LNA,] MACMA Na.2225 aJ 2018

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1O. In order to substantiate the case. p.Ws. 1 & 2 were examined and Flxs.A 1 to 46 r.vcrc markcd or.r bchalf of the claimants. On behali of insurancc company, rro r,r,itncss r.vas examined, however, copy of insurancc was marked as Ex. B I on its behalf.

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1 1 . The MACT, on appreciation of cvidcncc and material placed on rccord, came to conclusion that the accident took place due to rash and negligcnt clriving of thc motor cycle bearing registration

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No.AP-37 TL/TR 8553 and awarded compensation of Rs.40,6.1,0OO/- along with intcrest (A 7..o/" per annum fiom the date ol petition till the date of rcalization. The owner of the offending vehicle and the Insurance companies i.e., respondent

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Nos. 1 to 3 rvere hcld to bc jointly and severally liable to pay the said compensation.

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During the hearing of the appeal, learned counsel for appellants/claimanrs contended that the MACT failed to consider the evidence on record and trx.A5 certificate issued by the Department, wherein the salary of deceased was mentioned as Rs.29,555/- per month. Further, the MACT tailed to award future prospefts as per the decision of the Hon'ble Apex Court in Sarla \

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P'K,J & LNA,) MACMA Na 2225 ol2018

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Verma and others vs Delhi anotherl

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Transport^{Corporation and}

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Consideration:

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With regard to award o[^{compensationtowards future} prospccts, the MACT had erred in not adding^{50o/o of the income of} the dcceased toward s Ioss of^{future prospects, which is mandated} by the Hon'ble Apex Court in Sarla^{Verma(supra).}

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In Sarla Verma, the Hon'b1e^{ApexCourt at paragraph-24} held that an addition ol^5O7o of^{actualsalary has to be made to the} actual salary income o[ the^{deceasedtowardsfu ture prospects,} where the deceased had a permanent^job and^{was below 40 years} Since the agc of the dcceased in the^{present appealwas 36 years} as on the date of accident, which is evident^{from Ex.A3 and A4, the} certified copy of inquest report and certified^{copyof post-mortem} examination report, wherein the age^{of the deceasedwas shownas} 36 years, al addition 5Oo/o of the income of the^{deceasedhas to be} added

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illrorescc^rzr

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r= e -;I

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!tt.l & LNA,J t\1ACMA Na 2)15 rJ 2018 6

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We do nor find anv rcason to interlcre rvith the zrmount of compensation arvarclcd bri the MACT on other heads i.e, Rs.40,000/- torvards conscrtium to the rvidorv wifc ol the cleccascd, Rs. 10,000/- to(,ards funerzrl cxpenscs, transport cxpenses and loss of estate.

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Conclusion:

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In vicu, of the above, the compensation pa1.a[ls 1e U1. claimants is rc-computed as under

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Sl.No.	Head	Compensationawarded I
1	Losso[ dcpcndencv	Rs..i3,I9,900/'(Rs.29,555/x12x l5l mlnrl\ortt.-fortrthofrncome 1o\rardspcrsonalexpensPsi.e.. Rs.13,29,975/ r{hichcomesto Rs.39,89,925l-
2	Futureprospccts	Rs.19,94,962/-(i.e.,50%ofannual income1.e.,Rs.39,89,925/-)
3	Total loss de endenc of	Rs.59,84,887/- (Rs.39,89,925/+ Rs.19,94,962/)
4	Consortiumtowidow u,ife	Rs.4O,OOO/-
5	Funeraland transport expenses(Rs.1O,000/+ Rs.1O,O00	^{Rs.20,OOO/ -}
6 \|Lossofestate	Rs.1O,OOO/-
	Totalcompensationto be aid	Rs.6O,54,887/-

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#3ry=.7

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PsK) & LNA,I MACMA Na 2225 ol2018

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The Appeal is allowed in^{part cnhancingthe compensation} amount trom Rs.4O,64,OOO/^{toRs.60,54,8a7} l-^{wrth interest} @ .7.51'/t'^{per annum fi-om the date of petitiontillthe date o[} realization. The respondents I^to 3 are^{directedto deposit the} above compensation amount^{rvithina perrod of six weeks from the} date of receipt of copy o[ this order,^{by dulyadjusting the amount,} if any, already deposiLed/paid by the insurance^{company.The ratio} of apportionment of amounts among^{the appellants/claimantsand} the pcrmission to withdraw^{shall be in terms of the awardpassed} by the MACT. There shall be no^{order as to costs.}

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Pending misceilaneou s applications^{if any shalt standclosed.}

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Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Chairman, Motor Accidents Claims Tribunal-cum-Vll^{AdditionalDistrict} Judge, Warangal.(With Records^{if any)} 2. One CC to SRl. AJAY KUMAR MADISETTY, Advocate [OPUC] 3. One CC to SRl. A VEERASWAMY, Advocate [OPUCI 4. Two CD Copies

pr VH

HIGH COURT

DATED: 1011012023

JUDGMENT

STAT€ oF
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MACMA.No.2225 of 2018

PARTLY ALLOWING

THE MACMA

IDD
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[³³⁸⁶ ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

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MOTOR ACCIDENT CIVIL MISC ELLANEOUS APPEAL NO: 222s OF 2018

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Between:

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Rangu Suma, W/o. Late Ananda Chary Aged 37 years, Occ: house wife, Rl/o.

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H No. 138, Gandhinagar, Bhupalpally village And mandal, Warangal District

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Rangu Roopeshwara Chary, Son of late Ananda Chary, aged 21 years Occ: student

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Rangu Dineshwara Chary, S/o. late Ananda Chary Aged 19 years, occ: student

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Rangu Subhadra, W/o Late Brahmaiah Aged 69 years, Occ: house wife All are R/o. H No. 138, Gandhinagar, Bhupalpally village And mandal, Warangal District

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...APPELLANTS

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AND

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Jangam Mariyamma, Wo. Late John Wilson @ John Wesley Aged 34 yars, occ: present owner of crime vehicle baring No. AP 37 TLTR 8533, R/o. Kaleshwaram Village and Mandal Karimangar District N/o. H No. 585, SC Colony Bhujabala patnam, Kaikaluri Mandal, Krishna District.

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The National lnsurance Company Ltd., Rep by its Branch Manager, Branch Office at H No. 58/1, Beside New RTC Bus Stand Narsimharaopet, GNT Road, Eluru

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The National lnsurance Company ltd., Rep by its Branch Manager, Branch Office at H no. 8-5-43, Seetharama Complex, Station Road Warangal

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(R2 not necessary party)

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...RESPONDENTS

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Appeal filed under Section 173 of M.V.Act., aggrieved by the Award and Decree dated. 25.01 .2018 passed in MV OP No. 338 of 2011 on the file of the court of the Chairman, Motor Accidents Claims Tribunal-cum- Vll Additional District Jud ge, Warangal.

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ORDER : This appeal coming on for hearing and upon perusing the Memorandum of Appeal, the Judgment and Decree of the Lower Court and the material papers in the case, and upon hearing the arguments of SRl. AJAY KUMAR IVADISETTY Advocate tor ihe Rppettarit and SRI c SUDHAKAR on behatf of A. VEERA SWAMY Advocate for the Respondent No.3 and none appeared for Respondent No.'l .

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This Court doth Judgment and Decree as follows:-

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That this appeal be and hereby is partly allowed enhancing the compensation amount from RS.40,64,000/- to Rs.60, 54, 8871- with interest @ 75% per annum from the date of petitlon till the date of realization;

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fhat the respondents 1 to 3 are directed to deposit the above compensation amount within a period of six weeks from the date of receipt of copy of this order, by duly adjusting the amount, if any already deposited/paid by the insurance company;

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That the ratio of apportionment of amounts among the appellants/claimants and the permission to withdraw shall be in terms of the award passed by the MACT,

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