Allowed

The New India Assurance Company Limited v. Smt.Bebitai Ashokrao Jannawar

Telangana HC6 Jan 2025MACMA/1700/2024

Case brief

AI extract

What is this about?

Insurer appealed a motor accident compensation award, disputing the age and income adopted for the deceased bakery businessman. The court revised the age to 62 years per FIR and postmortem records and fixed monthly income at Rs.18,000/-, recomputing loss of dependency with consortium and other heads.

What did the court decide?

Compensation reduced to Rs.11,61,100/- with 7.5% interest; insurer to deposit differential amount within four weeks; impugned decree modified; no costs.

The New India Assurance Company Limited Vs… — Motor Accident Claims | Telangana HC (2025)

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132171

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD

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MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NOi '1700 0F 2024

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Appeal filed under Section 173 of Motor vehicles Act., against.the Judgment and decree, made in M.V.O.P.No.585 OF 2019 dated. 01.08.2024 on the file of the chairman, Motor Accidents Claims Tribunal - Cum - X Additional Chief Judge, City Civil Court at Hyderabad.

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Between:

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The New lndia Assurance Company Limited, Represented by its Divisional !1n3Oer,^{Motor Third PartyClaimsHub, Fifth Ftodr,G Block,'SuryaTowers,} S. P.Road, Secunderabad.

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...APPELLANT/RESpONDENT No.2

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AND

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Smt. Bebitai Ashokrao Jannawar, Wife of Ashok rao Madhavrao Jannawar, Aged about 55 years, Occ: House hold.

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Anil Ashokrao Jannavar, S/o Sri Ashokrao Madhavarao Jannawar, Aged about 32 years, Occ. Un employed

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Both are Native of Ambikanagar, Behind Radhika Complex, Darwha Village, Yavatmal District, Maharashtra-44s 202^presenfly Residing at H.No.8-122131 A, Ameerpet, Hyderabad.

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RESPONDENT No.1 and 2/ PETITTONERS

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Motiram Babu Kauthkar, S/o Babu, Aged Major, Occ: Business

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R/o AP Penur Village, Loha Tehsil, Nanded District. Maharashtra- 431 601. (Ownerof Toofan Jeep bearing No. MH-26-AK-6317)

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Vilas Balaji Dalve, S/o Balaji. Dalve, Aged about^{36 years, Occ:Driver of} Toofan R/o Wadapuri Vilalge, LohaTehsil, Nanded District,^{Maharashtra 431-} 606, (Driver of Toofan Jeep bearing No. MH-26-AK-631⁷⁾

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...RESPONDENTS 3 AND^{/URESPONDENT NOS.1 ANd 3.}

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Counsel for the Appellant: SRl. A RAMAKRISHNA^REDDY'

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Counsel'for the Respondent Nos.1 & 2: SRl. PALLATI^CHANDRAMOULI

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Counsel for the Respondent Nos.3 and 4: None Appeared

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The Court delivered the following: JUDGMENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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M.A.C.M.A No.17OO OF 2O24

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JUDGMENT:

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This appeal has been preferred challenging the decree and order dated 0J.08.2024 in M.V.O.P.No.5B5 of 2019 passed by the Motor Accident Claims Tribunal - cum - X Additional Chief Judge, City Civil Court, Hyderabad (hereinafter'the Tribunal').

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Heard Mr. A. Ramakrishna Reddy, learned counsel for the a ppella nt/respondent No.2/Insurer and Mr. Pallati Chandramouli, learned counsel for respondent Nos.1 and 2/petitioners.

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Briefly stated the relevant facts are that, on 07.08.2018, at about 4.20 AM, while Ashokrao Madhavrao Jannawar/deceased was proceeding in a Toofan Car bearing Registration No.MH 26 AK 6317 towards Tirupathi, the driver drove the vehicle in a rash and negligent manner and collided with one Lorry that was proceeding in the same direction, resulting in his death. The wife and son of the deceased filed petition seeking compensation of Rs.10,00,000/-. The Tribunal, after considering the merits of the case, awarded Rs.20,60,000/- with 60lo interest per annum from the date of filing of the petition till realization

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Learned counsel for the appellant/insurer would fairly submit that there is no dispute in regard to liability but in assessment ofcompensation, the age and income of the deceased were accounted by

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NTR,J MACMA No.'1700 of 20

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the Tribunal without basis and against the record. These^aspects, therefore, require reconsideration.

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Learned counsel for the respondents/claim^{petitioners fairly} admitted that the record filed by the claim^{petitioners; reflectsthe age of} the deceased as 62^years. However,^pleaded that though^{the petitioners} failed to place any evidence^proving the monthly incorne of^the deceased, the deceased was earning more than Rs.50,000/-^{per month} by^running a Bakery Business. Nonetheless by unreasonable^{guess work,the} Tribunal restricted the monthly income at Rs.30,000/-.^{Therefore, prayed} for revising the income of the deceased and for^{granting just} compensation.

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I have perused the material on record.

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The point arises for determination is whether t1e age and income used for calculatinq the compensation are reasonable

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The First Information Report (FIR), Charge Sheet, Inquest and Postmortem Report are reflecting that the deceased ',vas aged about 62 years. However, the Tribunal has considered the age to be 55^years. Having regard to lhis^position and in the light of fai- admission by the respondents' counsel, the relevant age of the deceaserd is mended as 62 years.

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NTR,J MACtulA No.1700 of 2024

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.i l

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In regard to the earnings, the petitioners submitted a registration certificale for running food^products business under the name and style of M/s. Jannawar Food Products and the manner of business has been reflected as Retail. However, for the reasons best known, no document has been^placed by the^petitioners to^prove the income. In that^position, the income has to be derived on guess work. Having regard to the relevant occupation as a retailer oF food^products, and by the aEe, it can be reasonably^presumed that the deceased would have contributed in managerial aspects of the business. For loss of such services, the monthly income needs valuation. Having this reason, taking the daily income of the deceased at Rs.600/- and monthly income at 18,000/- is found^just and^proper.

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As the dependents are two in numbe r, if l/3'd is deducted towards the personal living expenses, the deceased's annual contribution to the family would be Rs.1,44,000/-, As the deceased was more than 60 years, future prospectus would not be applicable (See National Insurance Company Ltd. v. Pranay Sethi and othersl).^{Thus, the} contribution of the deceased to the family i.e., multiplicand if^multiplied with the relevant multiplier applicable to his age as^per the^{judgment of}

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Sarla Verma and others v. Delhi Transport Corporation and

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anoinel i.e.'7', the total would come to Rs.10,08,000/-.

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'^{(20r7)t6scc86()} '2009^ACj,29{i

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4 NTR,J MACN.4A No.1700 of

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In addition, as per the directives of the Hon'ble Supreme Court in Pranay Seftri (supra) and llnited India Insurance Company Ltd. v. Satinder Kaur @ Satwinder Kaur and others3, the respond ents/ petition e rs are entitled for spousal and parental consortium at Rs.4t,400/- each and Rs.18,150/- each towards loss of estate and funeral expenses respectively.

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t2. However, considering the pleading that, after the accident and death, the deceased was shifted to his native place i.e., Ambikanagar, Yavatmal District, State of Maharashtra and although no specific document has been filed, considering the probable expense granting Rs.20,000/- towards transportation of the deerd body is found a pprop riate.

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Accordingly, the respo ndents/petitio n ers are entitled for compensation as under:

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Description	Amount awarded (inrupeds)
Lossof dependency	10 OB 000.00
Spousalandparental consortiumto	9rj,800.00
therespectivepetitioners@
Rs.48,400/-each
Lossofestateand funeralex ENSCS	36 300.00
Tra ns ortatiolelpensES	20,000.00
TOTAL	11..,.61 100.00

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3 2021(11) scc 780

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NTR,J MACMA No.1700 of 2024

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Accordingly, the Appeal is allowed. The respondents/petitioners are entitled for Rs.11,61,100/- with 7.5olo interest per annum. The ratio of apportionment among the respo n d ents/petitio n e rs shall remain as per the impugned order. The appellant/respondent No.2 is directed to deposit the differential amount within a period of four (4) weeks from the date of receipt of a copy of this order. In the above terms, the impugned decree stands modified. No costs.

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As a sequel, pending miscellaneous applications, if any, shall

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and

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closed

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EDDY Sd/- A.SREENIVAS ASSISTANT^RE ISTRAR

//TRUE^COPY//

SECTION^OFFICER

Jud ge^c'iY

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HIGH COURT DATED:0610112025

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JUDGMENT

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MACMA.No.1700 of 2024

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ALLOWED

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4dP@" X$,

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1700 OF 2024 Between:

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The New lndia Assurance Company Limited, Represented by its Divisional Manager, Motor Third Party Claims Hub, Fifth Floor, G Block, Surya Towers, S.P.Road, Secunderabad.

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...APPELLANT/RESPONDENT No.2

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AND

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'1. Smt. Bebitai Ashokrao Jannawar, Wife of Ashok rao Madhavrao Jannawar, Aged about 55 years, Occ: House hold.

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Anil Ashokrao Jannavar, S/o Sri Ashokrao Madhavarao Jannawar, Aged about 32 years, Occ. Un employed

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Both are Native of Ambikanagar, Behind Radhika Complex, Darwha Village, Yavatmal District, Maharashtra-445 202 Presently Residing at H.No.8-12213 I A, Ameerpet, Hyderabad.

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RESPONDENT No.1 and 2/ PETITIONERS

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Motiram Babu Kauthkar, S/o Babu, Aged Major, Occ: Business

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R/o AP Penur Village, Loha Tehsil, Nanded District, Maharashtra- 431 601. (Owner of Toofan Jeep bearing No. MH-26-AK-6317)

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Vilas Balaji Dalve, S/o Balaji. Dalve, Aged about 36 years, Occ: Driver of Toofan R:/o Wadapuri Vilalge, LohaTehsil, Nanded District, Maharashtra 431-606, (Driver of Toofan Jeep bearing No. MH-26-AK-6317)

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...RESPONDENTS 3 AND 4/RESPONDENT Nos.1 and 3.

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Appeal filed under Section 173 of Motor vehicles Act., against the Judgment and decree, made in M.V.O.P.No.585 OF 2019 dated. 0'1.08.2024 on the file of the chairman, Motor Accidents Claims Tribunal - Cum - X Additional Chief Judge, City Civil Court at Hyderabad.

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-a=tt-*,::/

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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 MVOP and upon hearing the arguments of SRl. A RAMAKRISHNA REDDY, Advocate for the appellant and of SRl. PALLATI CHANDRAMOULI, Advocate for the Respondent Nos.1 & 2 and None Appeared for the Respondent Nos 3 and 4.

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This Court doth Order and Decree as.follows

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That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed;

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That the respo ndents/petitioners be and hereby are entifled for Rs.1 i ,61 ,1 OO/with 7.5% interest per annum;

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That the ratior of apportionment among the respondents/petitioners shall remain as per the impugned orders;

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That the appellanurespondent No.2 be and hereby is directed to deposit the differential amount within a period of 4 weeks from the date of receipt of a copy of this Order; and

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