Allowed

Smt. Maimooda , Shaik Mahamooda, Mahabubnagar Dist. v. P. Shabbir Hussain, Kurnool Dist., and 4 Ano.

Telangana HC6 Aug 2024MACMA/25/2009

Case brief

AI extract

What is this about?

In a motor accident claim fundamental appeal, the High Court of Telangana allowed the appeal and enhanced compensation from Rs. 2,20,000 to Rs. 10,06,800. The court considered the deceased's income at Rs. 4,500/month and applied a multiplier of 17 for loss of dependency, along with consortium and funeral expenses.

What did the court decide?

Enhanced compensation of Rs. 10,06,800 awarded, carry interest at 7.5% p.a., claimants to pay court fee, respondents to deposit within 8 weeks.

Smt. Maimooda , Shaik Mahamooda, Mahabubnagar… — Maintenance and Alimony | Telangana HC (2024)

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[32s1 ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 25 oF 2009

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Appeal filed under Section 173 of M.V. Act, against the Judgment and decree dated 18.09.2008 passed in M.V.O.P.No. 96 of 2007 on the file of the Court of the Chairman, l\ilotor Accident Claims Tribunal - cum - I Additional District Judge, Mahabubnagar.

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Between:

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Smt. Maimooda @ Shaik Mahamooda, W/o. Shali Basha @ Salim Basha Age: 23 years, Occ: Household, R/o. Amar Chinta Village, Atmakur Mandal, Mahabubnagar District.

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...AppellanUCIaimant

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AND

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P. Shabbir Hussain, S/o. Ivlahabub Khan Age: Major, Occ: Owner of Lorry bearing No. AP 21 W 2458 Fl/o. H. No. 13-154, Main Bazar, Chaglamarri, Kurnool District.

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B.Balakrishna, S/o- B.Prabhakar Age: Major, Occ: Owner of Auto bearing No. AP 21 X 2863 R/o. H.No. 49-504-599, Sri Ram Nagar, Kurnool Town and District.

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The Oriental lnsurance Co. Ltd.,, Rep. by its Divisional Manager, Divisional Office No. lll, Alkarim Trade Centre, M.G.Road, Ranigunj, Secunderabad.⁽ Policy No. 4113OO13112006/1 3000, Valid from¹ 3-1 I -2005

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Bee Jahan Bee, Wo. Moulali Age: 45^years, Occ: household Rl/o. Gattupaadu Village, Vorvakal Mandal, Kurnool District.

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Shaik Moulali, S/o. Late Syed Hussain Age: 50^years, Occ: Cooli Ri/o. Guttapaadu Village, Vorvakal Mandal, Kurnool District.

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(Respondent Nos.4 & 5 are added only as proforma parties and no relief is claimed as against them in the appeal and as such no notice is necessary to them)

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...Respondents

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Counsel forthe Appellant : Sri K. Venkatesh Gupta Counsel for Respondent No.3 : Sri Kota Subba Rao The Court delivered the following: JUDGMENT

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THE HONOURABLE SRI JUSTTCE K.SURENDER

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M.A.C.M.A No.25 of 2OO9

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JUDGMENT:

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Aggrieved by the award dated 18.09.2008 in O.P.No.96 of 2OO7 passed by the Motor Accident Claims Tribunal-cum-I Addl. District Judge, Mahabubnagar, the claimant has preferred this appeal seeking enhancement of the compensation.

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Heard both sides and perused the entire material on record.

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The manner of accident and the death of the deceased are not disputed by either of the parties.

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The claimant is the wife of the deceased. They have filed the claim petition seeking compensation of Rs.5,00,000/- and the Tribunal has granted Rs.2,20,000/directing the respondent Nos.1 and 3 to deposit the amount.

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According to version of the claimants, on 03.09.2006 at about 0130 hours the deceased and others were proceeding in auto towards Nandyal check post to have tea and while they reached near Chandra Photo Studio, near 'C' camp

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centre, the offending vehicie which is lorry driven by its driver -r in a rash and negligent manner and hit the auto which was driven by the deceased, resulting in the death of the deceased.

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(r Learned counsel for the claimant would submit that though the deccased was working as mason and earning Rs.4,5O0/- per month, the Tribunal erred in considering the income at Rs. 1 500 / - per month and grarted compensation accordingly. Learned counsel requested the Court to consider the income at Rs.4,500/ per month ald grant compensation.

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llaving gone through the evidence on record, the learned Tribunal has rightly concluded that the accident had occurred due to the rash and negligent driving of the driver of offending vehicle

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8 This Court relying on the judgment of the Hon'ble Apex Court in case of Ramachandrappa Vs. Manager, Rogal Sundaram Alliance^r, where the monthly income of the daily wage labourer is considered at Rs.4,50O/- without t lzor r1 r: SCC 236

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there being any evidence, is inclined to tal<e the monthly income of the deceased at Rs.4,500/- as claimed by the claimant

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The Hon'ble Apex Court in case of Na,tional Insurance Co. Ltd. Vs. Pranag Sethiz has held that while considering the compensation in cases of death, the future prospects of the self employed shall also be considered. Having regard to the age of deceased i.e. 30 years as on the date of accident and occupation as self-employed, if 4O percent of the income is included as future prospects, the annual income would come to Rs.75,600/(Rs.45O0+ 1B00xl2). As per the decision of the Hon'ble Supreme Court in Smt. Scrla Vartna o Delhi Transport Corporation3, since the dependants are three members, if 1/3'd of the income is deducted towards personal expenditure, the annual contribution of the deceased to the claimants would be Rs.50,4O0/- (Rs.75600-25,200). As per Schedule II of the Act, the relevant multiplier for the age of the deceased is '17'. Thus, the compensation under the head of loss of dependency comes to Rs.8,56,800/- (Rs.504O0 X 17).

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'z^{2017 (6) 170(sc)} I 2009(6) scc 121

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As regarrls the consortium to be paid, each claimant is entitled to Rs.40,000/- towards consortium as decided by the Hon'ble Apcx court in case of Pranag Sethi (7 Saprc/. With regard to the funeral expenses and loss of estate, the claimants are entitled for Rs.30,OO0/-.

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1 1. Therefore, the claimant/ appellants, respondent Nos.4 and 5 are eligiblc for the compensation as below:

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Head	Compensationawarded
(1)Lossofdepender-rcy	Rs.8,56,800
(2)Funeralexpensesand Lossof Estate	Rs.3O,000
(3)Lossofspousalconsortiu	mRs.4O,000forlstclaimant
(4)Lossoffilial consortium	Rs.8O,000for2"aand 3'dclaimants/respondent Nos.4and5.

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Total compensation awarded Rs,1O,O6r8OO/ -

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In the result, Motor Accident Miscellaneous Appeal of the claimant is allowed enhancing the compensation amount awarded by the Tribunal from Rs.2,20,O00/- to Rs.10,O6,800/as hereunder:

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(a) The enhanced amount shall carry interest at^{7 .Sok} p.a. from the date of petition till the date of realization. (b) The claimants shall pay the court fee on^the enhanced amount of compensation.

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(c) The Respondent Nos.l and 3 shall deposit^the amount within a^period of^{(B) weeksfrom the date of} receipt of copy of^{judgment. On such deposit, claimants} are permitted to withdraw entire^{amount without} furnishing any security.

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(d) Amounts shall be apportioned in^{termsof the ratio} decided by the Tribunal in the^Award.

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Pending miscellaneous petitions,^if any,^{shall stand}

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closed.

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To,

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Sd/. MOHD. I AIL ASSISTANT REGI //TRUE COPY// SECTION O FICER

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'l . The chairman, Motor Accident claims Tribunal - cum - I Additionat District -^{Judge,Jvlahabubnagar.(withrecords)} 2. One CC to Sri K. Venkatesh Gupta, Advocate [OPUC] 3. One CC to Sri Kota Subba Rao, Advocate tOpUCl 4. Two CD Copies AS/Njb 2/

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HIGH COURT

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DATED:0610812024

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1 H S TA 16:
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JUDGMENT

(2 DRAFTS)

(+ DECREE)

MACMA.No.25 of 2009

ALLOWING THE MACMA

ftv

IN THE HIGH COURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD

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TUESDAY ,THE^{SIXTH DAY OF AUGUST} TWO THOUSAND^{AND TWENTYFOUR}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE K.SURENDER}

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MOTOR ACCIDENT^{CIVIL MISCEL LANEOUS APPEAL NO: 25 0F 2009}

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Between:

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Smt. Maimooda @^{Shaik Mahamooda, Wo'. Shali Basha} -@^S.alim.Basha Aoe'. 23 vears, Occ: iffi;til;; Ry" Amar Chinta^{Village' Atmakur Mandal'} M;habubnaoar^District

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...APPellanUGlaimant

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AND

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'l . P. Shabbir Hussain, S/o. Mahabub^KhanAg.e-: .Major'^{Occ: Owner of Lorry} ' ;#;;ii". nFli w z+sii Rd H. No 13-"154, Iviain Bazar' chaslamarri' Kurnool District.

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B.Balakrishna,^{S/o. B.PrabhakarAge:} !!q1o1^{p9c: Owner of Auto bearing} - il.-X,'il i iaoa mo. nlrtro. +g-s"on-sgti, sri Ram Nagar, Kurnool rown and District.

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3 The Oriental^{lnsurance Co. Ltd.,, Rep} -by^its -Divisional^Manager' olrl.ionur otri"J^{No. ttt, Arruri* traoe ceirtre, M'G'Road'nalt-ot'11i'} 5l""rr;jJiro1j. t^{p"ii"v'No. ittaoomnoo6/13000,Validfrom13-11-} 2005

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4 Bee Jahan Bee,^{W/o. MoulaliAge} Kurnool District.

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Gattupaadu Village,^{Vorvakal Mandal, :45years, Occ:householdFVo}

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years' Occ: Cooli^Rl/o '

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1. Shaik Moulali,^{S/o. Late Syed HussainAge:} -50 - G;tdp;"nn Vitt"ge, Vorvak6l Mandal, Kurnool District.

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(Resoondent Nos. 4 & 5 are added^{only as proforma partiesand no relief is} It;i#;';;';d;i*t^{ir,". in ihe appeat dnd ab such no noticeis necessaryto} them)

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.'.ResPondents

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Appeal flled under^{Section173of M'V' Act' against the Judgmentand decree} dated18.09.2008passedinM.V.o.P.No.96of2007onthefileoftheCourtofthe Chairman,MotorAccidentClaimsTribunal-cum-lAdditionalDistrictJudge' Mahabubnagar.

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ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Court below and the material papers in the I/VOP and upon hearing the arguments of Sri K. Venkatesh Gupta, Advocate for the Appellant and of Sri Kota Subba Rao, Advocate for the Respondent No.3.

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This Court doth Judgment and decree as follows:-

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That the IVACMA filed by the Claimant be and hereby is allowed, enhancing the compensation amount awarded by the Tdbunal from Rs.2,20,000/_ to Rs.10,06,8001'

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That the enhanced amount shall carry interest @7.5% p.a. from the date of petition till the date of realization;

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That the claimants shall pay the court fee on the enhanced amount of compensation;

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That the Respondent Nos. 1 & 3 shall deposit the amount within a period of (8) weeks from the date of receipt of copy of Judgment;

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That, on such deposit the claimants are be and hereby permitted to withdraw the entire amount furnishing any security;

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That the amounts shall be apportioned in terms of the ratio decided by the Tribunal in the award;

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That save as aforesaid, the decree of the Tribunal shall stands confirmed in all other aspects; and

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B. That there shall be no order as to costs in this appeal.

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To,

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Sd/. MOHD. I AIL ASSISTANT REGI i/TRUE COPY// SECTION OFFICER

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The Chairman, Motor Accident Claims Tribunal - cum - I Additional District Judge, Mahabubnagar. 2. Two CD Copies ASA{jb $e

-:-

HIGH COURT

DATED:0610812024

DECREE

MACMA.No.25 of 2009

ALLOWING THE MACMA

@Y/*

Smt. Maimooda , Shaik Mahamooda, Mahabubnagar Dist. v. P. Shabbir Hussain, Kurnool Dist., and 4 Ano.

Case brief

What is this about?

What did the court decide?

Smt. Maimooda , Shaik Mahamooda, Mahabubnagar Dist. v. P. Shabbir Hussain, Kurnool Dist., and 4 Ano.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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