Appeal against the Motor Accidents Claims Tribunal order allowing the MACMA to be allowed in part by enhancing the compensation amount from Rs. 4,09,680 to Rs. 7,84,680 with interest.
Compensation enhanced to Rs. 7,84,680 with interest at 7.5% per annum from the date of petition till realization.
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.
[3304 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
M.A.C.M.A. NO: 2333 OF 2014
Appeal under Section 173 of Motor Vehicles Act against the Order and decree in MVOP No.314 of 2008 dated 2210812009 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal --cum- ll Additional Chief Judge, City Civil Court at Hyderabad.
Between:
...APPELLANTS/ PETITIONERS
AND
"oilfioE8ro*DENTS/REspoNDENTs
For the Appellants : SRI C.SUNIL KUMAR REDDY, Advocate
For the Respondents : SRI V.KRISHNA RAO, Advocate
The Court delivered the following : JUDGMENT
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
M.A.C.M.A N 0.2333 0F 2014
JUDGMENT
Ihis oppeo is filed by the :ppellonls/petilioners oggrieved by lhe order doted 22.08.2009 possed n o.p.No.3l4 of 2008 by the choirmon. Motor Accidenls croims Tribunor-cum-il Addirionor chief iudge, city civil court, Hyderobod (hereinorter referred to os 'the Tribunor') seeking enhoncement of compensotron
The petitioners. who ore lhe wife ond doughters of Devobhoktuni Sri Sombhu Voroprosod (hereirof ter ref errecr ro os 'the deceosed') hod filed o cloim pelilion cloirrrng compensotion of Rs.l2,OO,0O0/_ on occounl of the deoth of the deceosed. who died in o molor vehicle occidenl lhot occurred on 09. t2.2006. ll is stoted thot on lhol doy while the deceo;ed ond his friend by nome N.prokosh Roo, were proceeding on o notorcycle be,:lring No.KA 03Ee 7043 from Bongolore 1o go to K.T.Switcigeor Fociory situoled of Thyomogundlo ond when lhey reoched Bycrdoroholli ,U rurn on Bongolore _ Tumkur Rood ot oboul t.0O p.m., cne tulorulhi Vcrn beoring No.KA 04A 5999. which wos driven by ils driver in o rosh oncl negligenl monner, hit lhe molorcycle
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RRN,J MACMA No.2333 OF 2014
from its behind, os o resull of which. the deceosed susloined o heod injury besides severol other injures ond his friend olso received inluries. After the occident, ihe deceosed wos shifled to Horsho Hospilol ond thereofter he wos shifted to Monipol Hospitol in Bongolore ond he died on the woy lo the soid Hospitol. Bosed on o comploint, o cose in Cr.No.l020 of 2006 wos regislered ogoinsi lhe driver oflhe MorulhiVon for the offences punishoble under Seclions 279 ond 304-A lPC. Hence, the petitioners loid the cloimpelilion ogoinst respondent Nos.l ond 2, who ore lhe owner ond insurer of lhe crime vehicle i.e., Moruthi Von.
l
RRN,J MACMA No.2333 0F 2014
ond negligent driving of lhe <jriver of Moruthi Von beoring No.KA 04A 5999 ond occordrngly oworcled on omount of Rs.4,09,680/- with inreresi @ 7.5% per onnum from the dotr: of perition tiil the dole of reorizorion to be poid by respc,ndents I oncl 2 loinily ond severolly. Chollenging ihe some, the preser 1 oppeol come to be filed by lhe pelitioners seeking en ho nce men t.
lnsuronce Compony Limiled Vs. pronoy Selhi ond others r, the pelilioners ore entitled 1o Rs.ZZ OOO/- under convenlionol heods.
B. On the otht:r hond, leor.e,d Slonding Counsel oppeoring f or the respondents hos contended th,r I the Tribunol erred in odopling the mulliplier 'l5' inste,od of 'r4' os the deceosed wos oged obout 45 yeors ot the lime of the occidert. Therefore, proyed lo reduce the com pensotion.
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RRN,J MACMA No.2333 OF 2014
Tribunol ofter considering the evidence of p.W.2 coupled with the documentory evidence, hos cotegoricolly observed thot the occident hos occuned due to lhe rosh ond negligent driving of the driver of lhe Moruthi Von ond hos onswered in fovour of the petitioners ond ogoinsl the respondents. Therefore, needs no interference with the finding of lhe Tribunol lhol the occidenl occurred due to lhe rosh ond negligeni driving of the driver of Morulhi Von.
Sundorom Allionce lnsuronce Co. Ltd.2, this court is inclined to fix the income of the deceosed of Rs.4,500/- per monlh. Aporl from thol, lhe petilioners ore entitled 1o oddilion oI 25% lowords fulure prospecls, os per the decision of the Hon'ble Supreme Court in prcnoy Selhi (supro). Therefore, lhe monthly income of the deceosed comes to Rs.5,525l(Rs.4,500/- + 1,125/-l. The onnuol income of the deceosed would come lo Rs.6/,500/- (Rs.5,625l- X l2). Out of which, l/3ro 6ot to be deducled towords personol expenses, which comes io Rs.45,000/- (Rs.62,500i- - 22,500/).The Tribunol took lhe oge of the deceosed os 45 yeors ond
212O1t ) 13 SCC 236
5
RRN,I MACMA No.2333 OF 2014
I I
opplied lhe mutiplier '15". The Tribunol hos wrongly opplied the multiplier for the rge of the deceosed. As per the decision of lhe Apex Court in Sorlo Vermo v. Delhi Tronsporl Corporotiont the oppropriote multiplier f or lhe oge of the deceosed is ' I 4'. Thus, the totol loss of dependency would come to Rs.45,000/- x l4 = Rs.6,30,000/-. The pelitioners ore further entitled lo Rs.77.000/- (Rs.40,000/- + 15,000 + Rs.15,000/-+ 10%) toworcls loss of spousol consortium, loss of estote ond funerol expenses os per Pronoy Sefhi (supro). The Tribunol oworded on omounl of Rs.25,780/- ond Rs.6,900/- towords ireotment chorges ond the some needs no interfererce by ihis Court. But, the Tribunol oworded only on omounl of Rs.2,000/- iowords tronsport chorges ond il l hos lo be enhonced to Rs.5.000/-. Furlher, considering the foct thot pelilioner No.3, vrho is the minor doughler of lhe deceosed, this Courl is inclined 10 owar,j o sum of Rs.a0,000/- under the heod of the porentol consortium os pr:r the decisior of lhe Apex Court in Mogmo Generol lnsuronce Compony Limitedy. Nonu Rom @ Chuhru Rom ond olhersa, Thus, in oll, the p--11116ners ore entilled to compensotion of Rs.2,84,580/-. Therefore, the compensotlorr :worded by the Tribunol is enhonced from Rs.4,09.680/- to Rs./.84,680/-. The Tribunol hos rightly oworded the rote of interest o 7.5 % per onnum ond the some needs no interference by this Court.
'zoos nci rzgs 1sc; '(2018) 18 SCC 130
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R RN,J MACMA No.2333 OF 2014
ll. Accordingly. ihe M.A.C.M.A is ollowed in port by enhoncing the compensotion omounl from Rs.4,09,680/- lo Rs.7,84,680/- wilh interest @ 7.5% p.o. from the dole of petilion till the dole of reolizotion. Respondents ore jointly ond severolly lioble to poy the compensolion omount. The respondenls ore direcled to deposit the soid omount wilh interest ond costs, ofler deducting the omount, if ony. deposiled before the Tribunol. wilhin o period (02) monlhs from ihe dote of receipt of o copy of this judgment. The enhonced omounl sholl be opporlioned omong the petilioners in the some proportion in which originol compensotion omounls were directed lo be opportioned by the Tribunol. On such deposit, lhe mojor petitioners ore permilled to withdrow lheir respective shore omounts. There sholl be no order os to costs.
As o sequel, miscelloneous opplicolions, if ony pending in lhe
oppeol. sholl slond closed.
Sd/-A.V.S.PRASAD ASSISTANT REGISTRAR i/TRUE COPYII L:lD SECTION OFFICER
Ki
HIGH COURT
DATED:09/06/2023
JUDGit,IENT
MACMA.No.2333 ot 2014
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PARTLY ALLOWING THE MACMA WITHOUT COSTS.
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[3304 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
M.A. .M.A. NO: 2333OF 2014
Between:
...APPELLANTS/ PETITIONERS
AND
1.)A.N.Madhu lrdhan, S/o A.C.Nagaraj, aged minor, Occ:- Business, Rl/o 81-, B-Sector, 2"" B-Main Road, Yalahanka, Bangalore.
"ollftoESbo*DENrs/RESpoNDENrs
Appeal under Section 173 of Motor Vehicles Act against the Order and decree in MVOP No.314 of 2008 dated 2210812009 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal -cum- ll Additional Chief Judge, City Civil Court at Hyderabad.
ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri C.Sunil Kumar Reddy, Advocate for the Appellants and of Sri V.Krishna Rao, Advocate for the Respondents.
This Court doth Order and decree as follows :
r-I
SECTION OFFICER
To
Kj
HIGH COURT
DATED:09/06/2023
DECREE
MACMA.No.2333 ot 2o14
PARTLY ALLOWING THE MACMA WITHOUT COSTS.
1 issue framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal should be enhanced.
Colour shows how this judgement treated each authority
Pranoy SekhiFollowed¶37
National Insurance Company Limited Vs. Pranoy Sekhi
RamchandrappaRelied on¶46
Ramchandrappa vs Mangalore Mutual General Insurance Co. Ltd.
Sarlo VermaApplied¶52
Sarlo Verma v. Delhi Transport Corporation
Magma General Insurance Company LimitedRelied on¶53
Magma General Insurance Company Limited vs. Noor Rehmu @ Chihu Ram
1 provisions across 1 enactments
Devabhaktuni Lakshmi Narasamma
Devabhaktuni Bala Punyavathi
Devabhaktuni Bhagya Pavani
A.N. Madhusudhan
United India Insurance Co. Ltd.
Namavarapu Rajeswar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
