Allowed

Islavath Bulli and 2 Others v. G. Venkataiah and Another

Telangana HC4 Sept 2024MACMA/1885/2010

Case brief

AI extract

What is this about?

Claimants appealed enhancement of compensation for death of a labourer aged 25 in a lorry-motorcycle accident, liability undisputed. Court applied future prospects and multiplier methods, enhancing compensation from Rs.2,23,500 to Rs.9,56,400 with interest.

What did the court decide?

Compensation enhanced from Rs.2,23,500 to Rs.9,56,400 with interest at 7.5% p.a.; deposit within eight weeks; withdrawal without security; no costs.

Islavath Bulli and 2 Others Vs G. Venkataiah and… — Motor Accident Claims | Telangana HC (2024)

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[³²⁵¹ ]

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

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WEDNESDAY,^{THE FOURTHDAY OF S-EPT.-EMBER} "--'rvvo tiousAND AND TWENTY FouR

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PRESENT

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THE HONOURABLE^{SRI JUSTICE K.SURENDER}

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1885 0 F²⁰¹⁰ MOTOR^{ACCIDENTCIVIL MISCELLAN EOUS APPEALNO:}

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Appeal Under^{Section 173 of Motor Vehicles Act againstthe Order and Decree} made in^{M.V-O.P.No. 561 of 2007' dated06 07 2010' on the file of the Court of} theChairmanMotorAccidentClaimsTribunal-Cum.|AdditionalDistrictJudge,at Nalgonda.

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Between:

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lslavath Bulli,^{W/o. Late Sreenu' HouseholdR/o} -Jaggi^{Thanda H/o Hemla} ' ill;;i;, Fr"i"iiiv m Fang'r' Nalsonda^{mandal & District'}

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lslavath^{Mangi, Wo Lalu' Occ: HouseholdRio, l1q9.iThanda H/o. Hemla} ' i"h;;; Fi"iEitrv nro' P;;s;i Nalsonda mandal^{& District}

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lslavath^Lalu @^{Lalya,S/o LateBookya.Coolie.R/9{aSOi Thanda H/o Hemla}

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ih;;?; Pt;se:ntrv nlo Fangii, t'latgohoa mandal & District

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...APPELLANTS

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AND

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1 G. Venkataiah,^{S/o. Arenna Business R/o' Chillakalluvillaqe' Jaqgaiahpet} Mril;i,ffi.h;a^{rjistrict,(dff""':'; rorivseirinsNo Ap-i6-u-1345)}

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2 The United lndia^{lnsurance company Limited, Represented by its Branch} lr,i"nrgut^{BranchOffice KK Road' Suryapel'}

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...RESPONDENTS

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Counsel^{for the Appellants} : Sri M' Madhava^Reddy

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Counsel^{for the Respondent No' 2: Sri V' KrishnaRao}

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The Court^{delivered the following:ORDER}

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THE HONOURABLE SRI JUSTICE K.SURENDER M.A.C.M.A.No. 1885 of 2OLO

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JUDGMENT:

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This appea is f-rled by the claimants aggrieved by the judgment dated 06.07.2010 in O.P.No.56 1 of 2OO7 on the Iile of the Chairman, Motor Accidents Claims Tribunal - cum - I Additional District Judge, Nalgonda (for short 'the Tribunal')

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Heard learned counsel appearing for both sides arrd perused the record.

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The appellants are the dependants of the deceased. On I8.O7.2O17, while the deceased was going on a motor cycle as a pillion rider along with his friend, when they reached outskirts of Mella Cheruvu viliage, the offending vehicle viz., Tipper Jorry, came IN opposite direction and hit the motor cycle, resulting in the deceased falling down and rear tyre of the lorry ran over the deceased and he died on the spot

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The manner in which the accident has taken pla<;e and the liability on the Insurance Company are not disputed.

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Le arned counsel for the appellants would submit that Ex.P8/income cert.ificate, which was marked through ernployer of the deceased, who was examined as PW3, was not considered by the

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M.A.C.M.A.No.1885 of .

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Tribunal. Ex.P8/certilied copy of the service^certificate cum \ salary certificate of the deceased, which was issued^by PW3/contractor, is produced before this Court. Chief affrdavit^and cross examination of PW3 are also filed.^PW3 was examined^on O3.O2.2OO9 and cross examined on the^{sameday. The said} document Ex.P8 and evidence of^{PW3, whichare part of lower Court} record, can be considered while gralting^{compensation.}

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The fact remains that the deceased was^aged about 25^years when he died and he was working as a^labourer. In^{the said} circumstances, keeping in view the^{observationsof the Hon'ble} a Supreme Court in RamachandrdPPd Manager, Rogal Sundrrrrrm Alliancel, the income of^{thedeceased canbe} considered as Rs.4,OOO/-^{per month.}

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On perusal of the records, the^age of the^{deceased as on the} date of accident was 25 years. Relying^{on the judgmentof the} Hon'ble Apex Court in National Insuro;nce^{Co. Ltd. Vs. Pranag} Sethiz, if 40% of his income is^{added towards future prospects, the} monthly income would come to^{Rs.5,6OO/- (Rs.} ,OOO/-^{+ (4Oo/oof} 4,OOO)). As there are three dependants,^on the^{deceased, 1/3ra ofhis} income is deducted towards^{personal expenditure as per the}

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t lzot r1 ta scc 236

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2 zotz 1o1 170 (sc)

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KS,J M.A.C.M.A.No.l^{885 of 2010}

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authority in^{Smt. Sarla Varma Vs' DelhiTransport} Corporations,^{and thus, the monthlycontribution of the deceased} to the claimants^{u'ould be Rs'3,733/-(5'600- (1/3'd of 5''100))' Then} annual contribution^{comes to Rs.44,8OO/-. As per Sched'rle II of the} Act, if the^{said alnual contribution arrived is multipliedwith} relevant^{multiplier i'e', '18'to the age of the deceasecl'the total} amountcomestoRs'8,06,400/-'Theclaimantsareentitledforthe said amount^{under the head of loss of dependency'}

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B. Further,^{relf ing on the ratio laid down in PranagSethi'sccse} (2 supra),^{the claimantsa-re granted Rs'30'000/- towards funeral} expenses^{and loss of estate 'Further'each claimant is granted} Rs.4O,OOO/^{- towardsconsortium'}

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9 Therefore,^{the claimants are eligible for the compensation as}

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below:

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sl. No.	Nameof^theHead	Compensation awardedbY^the Tribunal	Compensation awardedbythis Court
1	Loss^ofdePendencY	Rs.2,16,000/-	Rs.8,Cr6,400/-
2	Lossof^loveand affection	Rs.1,500/-
J	FuneralexPenses	Rs.1,000/^-

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3 lzoos'1 o s.c-c. 121

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KS,J M.A.C.M.A.No. 1885 of 2010

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4	Funeralexpenses arrd Lossof Estate		Rs.30,000/-
5	Loss ofconsortium	Rs.5,0oO/- (forappellartNo.1)	Rs.1,20,O00/- (Rs.40,000/- eachclaimant) to
6	Total	Rs.2,23,5OO/-	Rs.9,56,4OOl-

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In the result, the Motor Accidents Civil^{MiscellaneousAppeal} is allowed by enhancing the compensation^{from Rs'2,23,500/- to} Rs.9,56,4OO/-.

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(a) The awarded amount shall carry interest at^{7.5o/o p.a. fromthe} date of petition till the date of reafizatron.

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(b) The claimants shail pay the Court fee on the^{excess amount of} compensation awarded by this^Court.

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(c) The respondents shall deposit the amount^{within a period of} eight (8) weeks from the date of^{receipt of copy of the judgment. On} such deposit, the claimants are entitled^{to withdrawthe entire} amount without furnishing the security.

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Pending miscellaneous petitions, if any,^{shall stand closed.No order}

as to costs.

//TRUE COPYII

SECTION OFFICER

To,

The Chairman fi/lotor Accident Claims Tribunal-Cum-l Additional District Judge, at Nalgonda. (With Records) 2. One CC to Sri M. Madhava Reddy, Advocate I g.or.t ,"-.9. 9n.^{CCto Sri V. Kr:ishnaRanaa,,^^-*^,..-, ,}

HIGH COURT

DAf ED:0410912024

JUDGMENT

MACMA.No.1885 of 2010

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B E ilo\l 2t?
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,

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ALLOWING THE MACMA,

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G"4d
Ko,<br>

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IN THE HIGH^{GOURT FOR THE STATE OF TELANGANA} AT HYDERABAD

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WEDNESDAY,^{THE FOURTHDAY OF SEPTEMBER} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE K.SURENDER}

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MOTO

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R ACCIDEN^{T CIVIL MISCELLANEOUS APPEALNO:1885 OF 2010}

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Between:

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1 tslavath Bulli, wo.^{Late sreenu,HouseholdR/o. JaggiThanda H/o.Hemla} ' ih;;dr, Presently R/o. Pangal, Nalgonda mandal & District'

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lslavath^{Mangi, Wo. Lalu, Occ: Household n/o.} al1gO.i^{Thanda H/o Hemla}

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Tha;d;, Pres"ently R/o. Pangal, Nalgonda mandal & District

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lslavath^Lalu @^{Lalya, S/o. Late Bookya.Coolie.n/9} {qgqi^{Thanda H/o Hemla} " ihrntJ, FresJntly Rio Pangal, Nalgonda mandal & District

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...APPELLANTS

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AND

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G.^{Venkataiah,s/o. Arenna Business R/o. Chillakalluvillage,.Jag^gaiahpet} ' il"il;i, diahna Diskict' (owner of Lorry Bearing No Ap-16-U-1345)

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2.TheUnitedlndialnsuranceCompanyLimited,RepresentedbyitsBranch-' Manager Branch Office KK Road, Suryapet'

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...RESPONDENTS

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AppealUnderSectionlT3ofMotorVehiclesActagainsttheorderandDecree made in^{M.V.o.P'No.561 of 2007,dated 06.07.2010, on the file of the Court of} the chairman^{Motor Accidentclaims Tribunal-cum-l AdditionalDistrictJudge' at} Nalgonda.

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This^{appeal comingon for hearingand upon perusing the grounds of appeal' the} JudgmentandDecreeoftheCourtbelowandthematerialpapersintheMVoPand uponhearingtheargumentsofSriM.MadhavaReddy,AdvocatefortheAppellant and of^{Sri V. KrishnaRao,Advocate for the RespondentNo'2'} This Court^{dothOrderand Decree as follows:}

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