Allowed

Duddu Venkaiah and Another v. K.Vinod Kumar and 2 Others

Telangana HC1 Nov 2023MACMA/2408/2007

Case brief

AI extract

What is this about?

The High Court enhanced compensation from Rs.3,29,000 to Rs.4,39,000 for the death of a cleaner in a road accident. The Court confirmed the owner of the vehicle as exclusively liable and awarded Rs.40,000 each to parents for loss of filial consortium.

What did the court decide?

Compensation enhanced to Rs.4,39,000; 7.5% interest ordered; vehicle owner held exclusively liable.

Duddu Venkaiah and Another Vs K.Vinod Kumar and 2… — Motor Accident Claims | Telangana HC (2023)

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[³³⁰⁰ I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

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M.AC.M.A.No: 2408 ot 2007

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Appeal Under Section^'173 of Motor Vehicles Act against the order and decree in O.P.No.102 of 2005 datedl0-07-2007 on the file of the Court of the [Iotor Accident Claims Tribunal -cum-lV Additional District & Sessions Judge's Court, Fast Track Court, Ranga Reddy District.

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Between:

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1- Duddu Venkaiah, S/o late Sayanna, Age: 52 years, Occ: labour

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Smt. D-Narsamma, W/o Venkaiah, Age:47 years, House hold,

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Both are Rl/o 6-82, Narsingi Village CBIT^post, Rajendranagar Mandal, Ranga Reddy District - 75.

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...Appel lants/claimants

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.$iffi

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AND

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1 . K.Vinod Kumar, S/o Vishwanadham, Age: 40 years, Business R/o 5-71, Narsingi Village, Rajendranagar Mandal, Ranga Reddy District.

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2- The New lndia Assurance Company Limited, Rep. by its Manager, 33t2A, fl floor, Kukatpally X Roads, Hyderabad_

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J- r&"

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The New lndia Assurance Company Limited, Rep, by its Regional Manager, Regional Office, Surya Towers, S.P.Road, Secundeiabad.

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...Respondents/respondents

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Counsel for the Appellants: Mr. L. PRABHAKAR REDDY

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Counsel for the Respondent No.l: SRI T. RAMULU

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Counsel for the Respondents No.2 & 3: Mr. RAVI SHANKAR JANDHYALA

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The Court delivered the following: JUDGMENT

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,Blt . ,,

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THE HON'BLE^{SRI JUSTICE NAGESHBHEEMAPAKA}

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M.A.C. M.A. No.24O^{8 ()F 20()7}

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JIJDGMENT:

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This appeal is^f,rted by^{the appetlants aggrievedby the Orderand} Decree dated^{lO.O7.2OO7 passedin O.P'No1O2 of 2005by the Motor} Accident Claims^{Tribunat-cum-IV AdditionalDistrictand SessionsJudge} (Fast Track Court) at^{Ranga ReddyDistrict (for short' the Tribunau'}

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The briet facts of^{the case are that,Sri DudduSurender'the} deceased is the^{son of the appellants and he used to workas a cleanerin} a van bearing^{No.AlH-6242and on14 i12OO4he started tnthe} offending van to^{participatein Sadar processionand after completion o[} the same,^{when thc deceasedreturned backtoNarsingi aud on} 15.11-2OO4 at about^{2.45 a.m., while the deceasedwas giving stgnalsto} reverse the offending^{vehicle, due to rash arrd negligent drivingoi the} driver, the said^{van ranover the deceased and he sustained injuries and} while taking treatment^{he succumbedto injuries at 4'25a m} Thc appellants hted^{aforesaid OPclaimingcompensationof Rs 5'OO'000/-} against respondents,^{for the deathof the deceased-}

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Before the Tribunal,^{therespondentNo lremained erpcrte'} Respondent^{Nos.2and 3 fited counter denyingthe averments of the claim} petition and contended^{that the amount claimed is excessive and thcy} are not liable^{to pay the compensation, since the driver of the respondent} No.1 violated the^{conditionsof InsurancePolicyand Prayedto dismiss} the claim^{petitionagainst them}

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After considering the oral and documentarl. evidence on record, the Tribunal awarded total compensation of Rs.3,29,OOO/- q/ith intorest @ 7.SYo per annum i.e., Rs.3,12,OOO/- towards monetary loss, Rs. I [i,0OO/_ towards non pecuniary damages and Rs.2,O0O/- towards luneral expenses. Dissatisfied with the quantum of compensatio .r, thc appellants f ed the present appeal, seeking to fasten the liabilif5r of paying compensation amount on all the respondents arLd for enhancement of compensation to Rs.S,00,O00/_.

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The main contention of the tearned counsel for the appellants is that the tribunal ought to have fastened the tiability of payirrg the compensation on all the respondents but, on a perusal of the impugned order passed by the tribunal, it is wcll rcasoned and warrarLts no interference with regard to on whom the liabitity has to be fastened for depositing the compensation amount awarded by the tribunai_

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It is the further contention of the tearned counsel for the appellants that the tribunal ought to have awarded total compensation of Rs.5,00,OOO/- as claimed by thcm. On this aspect, the petitione-s are also entitled for Rs.15,OO0/- towards loss of estate; Rs.15,O0O/_ to.vards funeral charges_

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Further, the Hont,tc Supreme Court, by reiterating the comprehensive interpretation to^.consortium, given in the authority of Magma General lnsurance co. Ltd. us. Nanu Ram & ors.t, in the authority between Uaited Indiq Insurance Co. Ltd. us. Satinder Kaur @ Satwind.er Kaur and. others2 reinforced that thc amounts for loss of consortium shall

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'(20r8)^{r8 scc llo}

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2 Civil Appeal No.2705 of2020. dr.l0 t,(,.2010

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be awarded^{to the chitdren as parental consortium for the loss of the} parental aid, Protectlon,^{security'love and affectionand filialconsortium} to the^{parents for the loss of loveand affectionand companionshipof} their grown^{up childrenTherefore'petitioners being the parents of the} deceased^{areentitled to Rs 4O,OOO/-eachtowardsfi[ial consortium'}

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Accordingly,^{thisM A C-M A isdisposed of by enhancingthe} compensationtromRs.3,2g,ooo/-toRs.4,39,ooo/-(Rupeesfourlakhs thirty nine^{thousandonty) The enhancedamount shall carry interest@} 7.57o^per annum^{from the date of claim petitiontill date of realization;}

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i) the owner^{of the crimevehicle/ respondentNo 1 is exclusively} Iiabte to^{pay thecompensationas he is directed to dePositthe awarded} amount^{by setting of the amounts if any'withinone monthfrom the date} of rcceipt^{of a copy of thisJudgment;}

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(ii) on deposit^{ofthe awardedamount'the Petitionersare} permitted^{to withdraw cntirc amount in their favour'}

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As a sequcl,^{miscellaneous petitions'pendingif any' shatl stand}

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closed

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'tj:/

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SD/. MOHD.^SANAULLAHANS ASSISTANT^RE rs

1 \

//TRUE COPY//

SECTION^OFFICER

To,

The Motor^{Accident Claims Tribunal} .9'T.^{lY Additional District & Sessions';} 'ti. ' jrjg.l Arrt, rast rracr-Court' Ranga Reddy District (with records)

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6;CC i"^{rtrr- r-. PRABHAKAR REDDY'Advocate[oPUCl} ;. o;; aa^{io sRl. r. RAMULU, Advocate} tory9f -^.

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;. o;; aa^{io sRl. RAVI i'inNrnn JANDHYALA'Advocate [oPUC]} 5. Two^{CD CoPies}

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ru* 4-

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' '.i.- i "^{i ,.*r} ',,1i

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HIGH COURT

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DATED:O1 11112023

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DISPOSING OF
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tr^:G

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IN THE HIGH COURT^{FOR THESTATE OF TELANGANA} AT HYDERABAD

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WEDNESDAY, THE^{FIRST DAY OF NOVEMBER} TWO THOUSAND^AND TWENry^THREE

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PRESENT

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ffi.

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THE HON'BLE SRI JUSTICE NAGESH^BHEEMAPAKA

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M.AC.M. ANo: 2408 of²⁰⁰⁷

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Between:

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Duddu Venkaiah, Sio late Sayanna,^{Age:52 years, Occ: labour} 2. Smt. D.Narsamma, Wo^{Venkaiah,Age:47 years, Household,} Both are R/o 6-82, Narsingi^{Village CBIT Post, Rajendranagar Mandal'} Ranga Reddy District - 75.

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-.,i , r..r.l('i ,f1tffil*' . .t.r,.

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...Appellants/claimants

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AND

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K.Vinod Kumar, S/o Vishwanadham,^{Age: 40 years, BusinessFyo 5-7.1,} Narsrngi Village, Rajendranagar Mandal,^{Ranga Reddy District.}

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The New lndia Assurance Company^{Limited, Rep. by its Manager,33/2A, 1't} floor, Kukatpally X Roads, Hyderabad.

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3- The New lndia Assurance Company^{Limited, Rep. by its Regional Manager,} Regional Office, Surya Towers, S.P.Road, Secunderabad. $l #i'l"..^{i i ..,,f}

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...Respondents/respondents Appeal Under Section 173 of Motor Vehicles Act against the order and^{decree in} O.P.No-102 of 2005 dated 10^-O7-2OO7 on the file of the Court of the^{MotorAccident} Claims Tribunal -cum-lV Additional District & Sessions Judge's Courl,^{Fast TrackCourt,} Ranga Reddy District. 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 Mr. L. PRABHAKAR REDDY, Advocate for the Appellants and of SRI T. RAMULU, Advocate for the Respondent No.1 and of Mr. RAVI SHANKAR JANDHYALA, Advocate for the Respondents No.2 & 3.

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The Court doth Order and Decree as follows:

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That the MACMA be and hereby is disposed o' by enhancing he compensation from Rs.3,29,000/- to Rs.4,39,000/-^(Ru1:ees four lakhs thirty nine thousand only);

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That the enhanced amount shall carry interest @ 7.5'/"^per annum from the date of claim^petition till date of realization;

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That lhe owner of the crime vehicle/respondent No.1 be and hereby is exclusively liable to pay the compensation as he is directed to deposit the awarded amount by setting of the amounts if any, within one month from the date of receipt of a copy of this^judgment;

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uMffi[*.. ffi-"..:

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