Allowed

G.Bharathamma and 2 Ors. v. B.Srinivas Reddy and 3 Ors.

Telangana HC14 Jul 2023MACMA/2954/2008

Case brief

AI extract

What is this about?

TheAllahabad High Court enhanced motor accident compensation for the family of Niranjan, a deceased Kavalikar, from Rs. 1,60,000 to Rs. 8,22,000. The court corrected the deceased's age to 40 and income to Rs. 48,000 annually, applying established multiplier principles and awarding parental consortium to the children.

What did the court decide?

Enhancement of compensation from Rs. 1,60,000 to Rs. 8,22,000 with interest at 7.5% p.a., and award of parental consortium to children.

G.Bharathamma and 2 Ors. Vs B.Srinivas Reddy and 3… — Motor Accident Claims | Telangana HC (2023)

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[3208 ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE P.SREE SUDHA

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2954 0F 2008

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Appeal filed under Order 173 of M.V.Act aggrieved by the decree and Award dated 12.06.2006 passed in O.P.no.1607/03 on the file of the court of the I Additional Metropolitan Sessions Judge, Hyderabad.

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Between:

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G.Bharathamma, W/o late Niranjan, Aged 34 years,

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G.Bhoodevi, D/o, late Niranjan, aged 14 years.

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G.Saidulu, S/o-late Niranjan aged 25 years

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I^{The Appellant No.2is being minor rep by her mother and natural guardian} i.e., Appellant No. 1

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All the appellants Ryo.16-1-382/1, Moosarambagh, Hyderabad.l

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...APPELLANTS/PETITIONERS

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AND

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B.Srinivas Reddy, S/o.Venkat Reddy Rl/o.H.No.6-36, Bhavaninagar, Dilsukhnagar, Hy

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The National lnsruance Company Ltd, rep by its Divisional Manager O/o. Divisional Office-ll, 92-93, Swapnalok Complex, Secunderabad.

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The Depot lrlanager, APSRTC O/o Hyderabad ll Depot, Dilsukhnagar, Hyderabad.

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The Managing Director, APSRTC, RTC X Roads, Musheerabad, Hyderabad

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...RESPONDENTS/RESPONDENTS

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Counsel for the Appellants: SRl. CHANDRASEKHAR REDDY GOPIREDDY (Not Present)

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Counsel for the Respondent No.2: RAMACHANDRAREDDY GADI

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Counsel for the Respondent No.1,3,4: None Appeared

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The Court made the following: ORDER

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!'l

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THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

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M.A.C.M.A.No.2954 of 2OO8

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JUDGMENT:

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This appeal is filed agains t t.he Judgment dated 12.06.2006 in O.P.No.160 of 2003 passed by the learned I - Additional Metropolitan Sessions Jrrdgc-, Hyderabad.

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O.P.No.160 of 2O03^q,as filed by thr: appellants / petitioner claiming compensation of Rs.3,0O,OC0/ for the death of the deceased Niranjan, who died in thr: motor vehicle accident occurred on 03.12.2002. The trial Court. after considering the arguments of both sides, granted compensation only to an extent of Rs.1,60,000/-. Aggrieved by the said Order, they preferred the present appeal.

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As the present appeal is prefer:'ed only for enhancement of the compensation amount grantecl bv the trial Court, this Court is not going into other details.

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4 . The learned Counsel for ttre appellants/ petitioners contended that as on the date of accident, deceased was rvorking as Kavalikar,.and earning Rs.4,000/- PM, but the trial

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Court considered his income^as only^{Rs.15,0OO/-per annum} and the age of the deceased^{was aiso taken as 46 years instead} of 4O years. Therefore, requested^{the Courtto modify the award} passed by the trial Court.

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As per Postmortem Examination^{Report marked under} Ex.A4, the age of the deceased^{was 40 years as on the date of} accident and this Court^finds that^{it is j ust and reasonableto} consider his income^{as Rs.4,000/-per month, as he workedas} Kavalikar and thus his annual^{income would become} Rs.48,0O0/- (Rs. 4OO0 x 12).

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As per the guidelines of the^{Hon'bie Apex Courtin dictum} of Sarla Verma Vs. Delhi^{TransPortCotporation,l ifthe} deceased was married,^{1/3raof his income has to be deducted} as there are 3 dependents i.e.,^{16,000/- towards his personal} expenses. Thus, the annual^{income of the deceased after} deducting personal expenses^{would come to Rs.32,0O0/- per} annum (Rs. 48,0O0 - 16,000 =^{Rs.32,0OO/-)and the Hon'ble} Apex Court in the dictum of^{No'tional InsuranceCompang} Limited Vs. Pranag Seth?,^{held that futureprospectsof}

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'^{(2009) 6 scct2t}

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'(20r7)^{r6 scc 680}

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._r-

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income of the self-employed deceased shall also be included rn determination of the compensation.^'lhus, considering the age of the deceased, 4OYo of the income i.e., Rs. 12,8O0/- has to be added tou,ards future prospects and thus the amount would become Rs.44,800/- (Rs.32,000⁺ Rs. 1j2,800/-). This sum if multiplied with the multiplier 15 appliczrble to the age of the deceased i.e.40, it would come to Rs,.6,72,O00/ - (Rs.44,80O x 15). Thus, appellants are entitled to Rs.6,72,OOO/- under the head 'Loss of Dependency'

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Besides, appellants are also entitled for compensation under 'conventional heads' as presr:ribed in the dictum of National Insurance Compang Litnittzd Vs. Pranag Setht, i.e., Rs.15,O0O/- towards loss of Estate and Rs.15,O0O/- towards funeral charges and Rs.4O,000/- to tl-re lirst appellant towards spousal consortium.

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Further, the Hon'ble Supreme Court, by reiterating the comprehensive interpretation of 'cc nsortium' given in the authority of Magma General Insurance Compang Limited as. Nclftu Irclm Alias Chuht'u Rcrm & oth.er.< , and in the authority

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I 1zo^{ts.) rs scc t:o}

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between United India Insurance Conq)ang Limited us, Satinder Kaur @ Satwinder Kaur and other{, fortified that the amounts for loss of consortium shall be awarded to the children who lose the care and protection of their parents as 'parental consortium' and to the parents as, 'filial consortium' for the loss of their grown-up children, to compensate their agony, love and affection, care and companionship of deceased children. Accordingly, it is^just and reasonable to award Rs.4O,OOO/- each to appellants No.2 & 3 as^paiental consortium.

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Therefore, appeliants/petitioners are entitled for^the

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compensation in the following terms:

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1	Loss of dependency	Rs.6,72,OOOl-
2	Conventionalheads	Rs.70,O00/-
	ParentalConsortium for children@ Rs.40,000/-each	Rs.8O,O00/-
	TOTAL	Rs.8,22,OOO/- \r'.

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I . In the result, the appeal is allowed by^enhancingthe compensation amount from Rs. 1,60,000/- to^{Rs.8,22,O0O/-} (Rupees tright lakhs Twenty Two thousand rupees only)^with interest at the rate of 7.SVo per annum from the date^{of filing the} o lzozoy s scc r++

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petition till date of realization. Respondents No.1 and 2 are jointly and severally liable to pay compensation and respondent No .2 / Insurance Company shall deposit the entire amount within a period of o:re rnonth frorn the date of receipt of a copy of this Judgment. On such Deposit, appellants are permitted to withclraw the said amount. Out of total compensation amount appellants No.2 and 3 are entitled to Rs.4O,OOO /- each and appellant No.l is entitled to rernaining amount. Appellalts are directed to pay the deficit Court fee on the erLhanced arnount. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shall stand

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closed

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Sd/. K. AMMAJI ASSISTANT REGISTRAR //TRUE COPY// ci SECTION OFFICER

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To,

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'1 . The I Additional Metropolitan Sessions Judge, Hyderabad (with Records if any)

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One CC to SRl. CHANDRASEKHAR RE DDY GOPIREDDY,^Advocate toPUCl

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One CC to SRl. RAIvIACHANDRAREDD'/ GADI, Advocate [OPUC]

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Two CD Copies

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Kvr

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pr s-v-

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HIGH COURT

PSS,J

DATED: 1410712023

JUDGMENT MACMA-No.2954 of 2008

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ALLOWING THE MACMA

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE P.SREE SUDHA

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2954 OF 2008

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Between:

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G.Bharathamma, W/o late Niranjan, Aged 34 years,

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G.Bhoodevi, D/o. late Niranjan, aged 14 years.

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G.Saidulu, S/o.late Niranjan aged 25 years

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IThe^{Appellant No.2is being minorrep by her mother and natural guardian} i.e., Appellant No.'l

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All the appellants FVo. 16-1-382/1 , Moosarambagh, Hyderabad.l

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..,APPELLANTS/PETITION ERS

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AND

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B.Srinivas Reddy, S/o.Venkat Reddy R:/o.H.No.6-36, Bhavaninagar, Dilsukhnagar,Hy

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The National lnsruance Company Ltd, rep by its Divisional lvlanager O/o. Divisional Office-ll, 92-93, Swapnalok Complex, Secunderabad.

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The Depot l/anager, APSRTC O/o Hyderabad ll Depot, Dilsukhnagar, Hyderabad.

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The tvlanaging Director, APSRTC, RTC X Roads, Musheerabad, Hyderabad

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...RESPONDENTS/RESPONDENTS

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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 SRl. CHANDRASEKHAR REDDY GOPIREDDY, Not Present, Advocate for the Appellant and of Sri RAMACHANDRAREDDY GADI, Advocate for the Respondent No.2 and None Appeared for the Respondent Nos-'1,3,4.

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This Court doth Order and Decree as follows;:

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That the Motor Accident Civil N/iscellane:us Appeal be and hereby is Allowed by enhancrng the compensation amount from Rs.1 ,60,000 to Rs 8,22,OOO (Rupees Eight Lakhs Twenty two Thousand Rupees only) With interest at the rate of 7.5ok per annum from the date of firing the petition tifl the date of realization;

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f hat the Respondents No.1 and 2 ar€. joinUy and severally liable to pay compensation and respondent No.2/lnsurance Company shall deposit the entire amount within a period of one morrth fr.om the date of receipt of a copy of this Judgment;

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