Allowed

Smt.Puli Nagamani v. The Depot manager

Telangana HC22 Sept 2023MACMA/3481/2014

Case brief

AI extract

What is this about?

This is an appeal against the order and decree of the Motor Accident Claims Tribunal fixing compensation. The High Court enhanced the compensation from Rs.4,00,000 to Rs.14,46,600/- with interest, adjusting the income multiplier and breakup of damages for death and consortium.

What did the court decide?

Compensation enhanced from Rs.4,00,000 to Rs.14,46,600/- with interest at 7.5% p.a. deleted court fee deficit to be paid by appellants within two months.

Smt.Puli Nagamani Vs The Depot manager — Motor Accident Claims | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE TWENTY.IEgOND DAY OF SEPTEMBER rwo rHousAND AND rwenrv rin-Li

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PRESENT

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THE HONOURABLE SRIJUSTICE NAMAVARAPU RAJESHWAR RAO MOTOR ACCIDE NT CIVIL MISC ELLANEous APP LNO : 3481 OF 2014

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Appeal Under Section 173 of Motor Vehicles Act against the Order and Decree made in M-v.o.p.No.526 0t 2011 dated 1r3t20130n the fire of the court of the chairman Motor Accident craims Tribunar-cum-principar District Judge, Medak at Sangareddy. Between:

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;#Jr",l,-asamani,^{Wo. Lateputi yadaiahAged 30 years, occupation}

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, i:ll.J^:'t,ranamma,^{S/o.Lateputi yadaiahAsed 28 years, occupation}

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Puti Madhu, S/o. Late p. yadaiah, aged 11 years, Minor

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Putishivaram, S/o. Late p y;A;;;:;;'io"iu?rJl ,,nor

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s. Puti Rathnamma, Wo. prriA"j"i;;';;il uo;J#t"cu Househotd

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Puti Anjaiah, S/o. tniT,,:!, ,gEJ-6i,-y!r-r"' o""rpation Asricutture Petitioners No.3 & 4 being minors "r" ,epr"s",itJ Ly their natural mother and next friend, namety puli Manamma, .;;;fi;iililr, rv t'v(ruvr rE A, are R/o. palwancha village, Tekmal mandal, fvf eaaf< aistrici.-vi

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AND

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...APPELLANTS/PETIT|ONER

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t [,::i"d$#anaser'^{AndhraPradeshstateRoad rransporrcorporation,}

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2' The Managing Director, Andhra pradesh state Road rransport corporation, RTC X Roads, Musheerabad, HVA"r"O"j.^-'-''

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...RESPONDENTS/RESPONDENTS

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Counset for the Appettants: SRl. T.L.l(. SHARMA

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Counsel for the Respondents: SRl. A. SRINIVAS REDDY

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The Court made the following: JUDGMENT

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THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

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M.A.C .M.A.No.34810 F 20t4

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lTUDGM ENT:

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This MACMA is filed under Section 173 of the Motor Vehicles Act, 1988 by the appellants/ petitioners aggrieved by the order and decree dated O1.03.2013 passed in M.V.O.p.No.526 of 20l l by the Chairman, Motor Accident Claims Tribunal_Cum_principal District Judge, Medak at Sangareddy, (hereinafter referred to as .the TribunalJ.

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2' For convenience, the parties w I be hereinafter referred to as they are arrayed before the Tribunal.

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Brief facts of the case are that the petitioners hled a claim petition claiming compensation of Rs.lO,0O,000/_ on account of the death of Puli Yadaiah (hereinafter referred to as .deceased,) in a motor vehicle accident that occurred on 26.O4.2O11.

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3(1) It is stated that on 26.04.2011 at about 3.3O p.m., when the deceased was proceeding on his motorcycle from Appajipalli towards Medak and when he reached in front of Bharath Metal Industries, one bus bearing No.Ap I LZ 4424, driven in a rash and negligent manner by its driver, dashed against the deceased,s motorcycle. As a result, the deceased fell down and sustained,

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RRN.J NTACMA^{No 148lof20l4}

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grievous injuries all^{over his body and died on the spot'Hence' the} claim petition.

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Before the Tribunal,^{respondents fitedthe counter and denied} att tne alegations^{madein the petition'}

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To prove their^{case, petitioners examined Pws'1 to 3 and got} marked Exs.Al^{to A7. RWI was examinedand Ex'Bl wasmarked} on behalf of the^resPondents.

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On appreciation of^{the evidence on record' the Tribunal} allowed the O.P. in^{part by awarding compensation of Rs'4'O0'OO0/-} with interest @8o/o^{p.a- from the date of petition till the date of} payment or realisation.^{Challengingthe same,the present appealis} hled by the petitioners.

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karned Counsel^{appearing for thc petitioners contended that} the Tribunal erred in^{fixing the monthtyincome of the deceased at} Rs.3,00O/- though^{he was earning an amountof Rs' 15'O00/-per} month by running a^{hotel business, apart from doing agriculture} work and vending of^{milk. At the time of the accident' the deceased} was of age 35 years, and^{the Tribunalhad not granted any amount} towards Future^{prospects. It is furthersubmitted that the Tribunal} had also erred in^{appliedthe multiplier, as the age of the deceased} at the time of the^{accident was35 years, and the multiplier to be} taken for the age^{groups from 3lto 35 years is '16' and the}

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RRN.J N{ACMA No l-{E I of20l4

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Tribunal, without considering the same had fixed the multiplier as '15'. The Tribunal granted a very meagre amount of Rs.IO,0OO/_ each to petitioners Nos. 1 and 2 under the head 'loss of consortium, and petitioners Nos.3 to 6 were awarded Rs.S,OOO/- each towards 'loss of love and affection'and prayed this Court to allow the appeal by enhancing the compensation amount.

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Per contra, learned Counsel appearing for respondents contended that the Tribunal had rightly granted an amount of Rs.4,OO,OOO/- in all and no interference is required by this Court.

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Heard both sides. perused the record

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The petitioners claimed that at the time of death, the deceased was aged 35 years and was earning Rs.1S,OOO/_ per month by running a hotel business, working as agriculturist and milk vendor and the Tribunal had taken the salary of the deceased as Rs.3,00O/-. The petitioners, to prove that the deceased was doing agriculture, filed Ex.A6-pattedar pass Book and to prove that the deceased was selling milk, hled Ex.A7-Certihcate issued by VRO Kulcharam, certifying that the deceased had she buffaloes. In the circumstances, this Court is inclined to enhance the deceased,s income at Rs.6,OOOr/ -.

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I 1 . The annual income o[ the deceased would come to Rs.72,OOO/- (Rs.6,OOO/- x l2). To this, future prospects of 4O%o i-e.

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RRN.J I{ACNIA No 148l^{o 12014}

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Rs.28,8OO/- is to be added as per the decision of the^Honlole Supreme Court in National Insr.trance Compang^Ltd.Vs. Pranag Sethit as the deceased was aged 35^{years. Since the} dependents are six in number, t)"e 1/ 4 of the deceased's^income towards personal expenses shall be deducted,^{which the deceased} might have spent for himself is proper. The appropriate^{multiplier as} per tlre decision of Sarla Verma^ys. Delhi Transport Corporatiott2 is "16'. Thus, the total loss of dependency^would come ro Rs. 12,O9,60O/- (Rs.72,O00 l-⁺ 4oyo -l /a x 16l.

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Petitioner Nos. I and 2, are wives of the deceased.^The Tribunal had granted Rs. 1O,0OO/- each to petitioners^{Nos. 1 and 2,} this Court grants Rs.44,0O0/ -(Rs.aO,OOO+ 1O%) towards^spousal consortium (the petitioner Nos. I and 2 can share the^spousal consortium if the petitioner No.1 agrees). The Tribunal^{had granted} Rs.S,OOO/- each to petitioners Nos.3 to 6 under the head 'loss^of love and affection'. Petitioners Nos.3 and 4 are the childrcn of^the decease, this Court is inclined to grant Rs.4O,OO0/-each towards loss of parental consortium. Petitioners Nos.S and 6 are^{parents and} are eligible for Rs.4O,OOO /- each towards the head loss of the^hlial consortium. The petitioners are also entitled to a sum^of Rs.16,500/-(Rs. 15,OOO+10%) towards loss of estate and Rs.l6,50O/(Rs. 15,O0O+1O7o) towards funeral expenses.

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' 1zo^{ry to scc oso}

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'1zooe;^{o sccrz r.}

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MACMA No laEl ol20i I

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With regard to interest, the Tribunal considered the interest at 8o/o p.a., and this Court grants interest 7.5"/o p.a. on the enhanced amount from the date of petitioner till the date of realisation.

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't4. tn all the petitioners are entitled to Rs.1436; w

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compensation. Though the claimed amount is Rs. 1O,O0,OOO/-, invoking the principle of just compensation, and in view of the law laid down by the Hon'ble Supreme Court in Rajesh vs. Rajbir Singht, and in a catena o[ decisions, this Court is empowered to

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grant compensation beyond the claimed amount. However, the petitioners/ appellants shall pay the deficit Court fee on the enhanced compensation.

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Accordingly, the M.A.C.M.A is allowed by enhancing the compensation amount awarded by the Tribunal from Rs.4,0O,0OO/to Rs. 14,46,60O/- (Rupees Fourteen Lakh, forty six thousand and six hundred only) with interest @7.5 7o p.a. lrom the date of petition till the date of realization on the enhanced amount. Respondents are directed to deposit the said amount with costs and interest after deducting the amount, i[ any already deposited, within two mont]rs from the date of receipt of a copy of this judgment. On such deposit, the petitioncrs are permitted to withdraw the same in accordance with the manner and apportionment as determined by the Tribunal, subject to payment of the dehcit Court fee within two months from

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'^{M.q.NulscloqSol2ot -r}

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RRN-' f,lACMA No.l{8t of l0l4

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receipt of a copy o[ this^judgment. There shall be no order as to

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costs.

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Miscellaneous petitions, if any pending, shall stand closed.

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To,

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//TRUE COPY//

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SD/. MOHD. ISMAIL ASSISTANT REGISTRAR \z

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SECTION OFFICER

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The MACT-cum-Principal District Judge, Medak at Sanga Reddy (with records)

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One CC to Sri. T L.K SHARMA, Advocate tOpUCl

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One CC to Sri. A. SRTNIVAS REDDY, Advocare lCieUCl

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Two CD Copies

HIGH COURT

DATfr:.221091202{

JUDGMENT

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MAGMA.No.3481 of 2014

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MACMA IS ALLOWED

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Gfqe
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\ I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE TWENry SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENry THREE

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PRESENT

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THE HONOURABI-E sRI JUSTIGE IiIAMAVmAPu RAJESHWAR RAo MOTOR ACCIDEN T CtVtL MtsCELLANEO US APPEAL NO: 3481 oF 2014

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Between:

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,| Smt. Puli Nagamani, Wo. Late puli yadaiah Aged 30 years, Occupation Household,

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Smt. Puli Manamma, S/o. Late puli yadaiah Aged 28 years, Occupation Household,

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Puli Madhu, S/o. Late p. yadaiah, aged 1.1 years, Minor

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Puli Shivaram, S/o. Late p. yadaiahlageA iO yuro, fr,f-ino,

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Puli Rathnamma, Wo. puri Anjaiah ag6a SO y6"r"b"", Household 5. Puli Anjaiah, S/o. Bhumar'jh, ag6a OZ' years^-Occupation Agriculture Petitioners No.3 & 4 being minors ari ,"pr."",it"a Ly their natural mother and R/O.^palwancha

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village, Tekmal mandal, n,ext frierd, namely puli Manamma, second petitionur, Medak district. All "r"

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...APPELLANTS/PETITIONER

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AND

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'1. The Depot Manager, Andhra pradesh State Road Transport Corporation, Medak Depot.

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2 It"^ Managing Director, Andhra pradesh state Road rransport corporation, RTC X Roads, Musheerabad, Hyderabad.

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...RESPONDENTS/RESPONDENTS

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Appeal under section 173 of Motor Vehicres Act against the order and Decree made in M.v.o.p.No.s26 of 2011 datd 13r2o13 on the fire of the court of the chairman Motor Accident craims Tribunar-cum-principar District Judge, Medak at Sangareddy.

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ORDER: This appeal coming on for hearing and upon perusang the grounds of appeal, the Judgment and Decree of the Lower court and the materiar papers in the MVoP and upon hearing the arguments of sri. T.L-K. Sharma, Advocate for the Appellant and of sri. A. srinivasa Reddy, Advocate for the Respondent and of the Respondent No.1 not appeared either in p€rson or by Advocate. That Court doth Order and Decree as follows: '1. That the Motor Accident civir Misceflaneous Appear be and hereby is aflowed;

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That the amount of compensation from Rs.4,00,000/_ to Rs.14,46,600/(Rupees fourteen lakh, forty six thousand and six hundred only) be and hereby is enhanced with interest @ 7.50/o p.a. from the date of petition ti, the date of realization on the enhanced amount;

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3' That the respondents are directed to deposit the said amount with costs and interest after deducting the amount, if any already deposited, within two months from the date of receipt of a copy of this judgment;

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4' That on such deposit, the petitioners are permitted to withdraw the same in accordance with the manner and apportionment as determined by the tribunal;

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