R.Mangamma v. M.Satyanarayana

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO M.A.C.M.A.No.4302 of 2008 JUDGMENT:

The claimant Nos.1 to 4 no other than the wife, minor child and parents of the deceased Ramesh aged about 28 years as per Ex.A4-PM report, claiming as working as technician with a salary of Rs.5,000/- per month, maintained the claim for Rs.10,00,000/- under Section 166 of the Motor Vehicles Act against the owner and insurer of DCM Van bearing No.AP-22-T-4466. The Tribunal awarded a compensation of Rs.1,60,000/- with interest @ 7.5% per annum vide award dated 19.05.2008 in O.P.No.886 of 2005. Impugning the same, the present appeal is maintained by the claimants.

It is represented that respondent No.1 remained exparte before the Tribunal, not a necessary party to the appeal vide Meka Chakra Rao V. Y.Babu Rao1 and the same is recorded.

Heard both sides and perused the material on record. It is the contention of the learned counsel for the claimants that the Tribunal ought to have taken the earnings and awarded compensation as prayed for. Whereas it is the contention of the learned counsel for the insurer that the award of the Tribunal holds good, for this Court while sitting in appeal there is nothing to interfere.

The manner of accident on 23.09.2005 is that while deceased and his friend were proceeding on two wheeler AP-28-AG-2841 near Agapally Village, Manchal Mandal, crime DCM Van of 1st respondent came at high speed and dashed the bike, as a result the deceased 1 2001(1) ALT 495 (DB)

Dr.SSRB,J and his friend were succumbed to the injuries and the same is rightly held by the Tribunal with reference to Ex.A1-FIR, A4-PM report, Ex.A6-charge sheet and A5-MVI report that the accident was the result of the rash and negligent driving of the driver of DCM Van and there is nothing to say any contribution of the deceased. Now coming to the quantum, the grounds of appeal speaks the deceased was a skilled worker and earning Rs.4,000/- per month and deposed through PW.3 and with reference to Ex.A7 salary certificate. There is no other material but for the salary certificate much less as to qualification of the deceased was a skilled worker. Taking into consideration the date of expression of the Apex Court in Latha Wadhwa Vs. State of Bihar2 even domestic earnings of house wife can be taken as Rs.3,000/- per month, if Rs.

3,500/- per month is taken into consideration from the 4 claimants in number as dependents, 1/4th deducted therefrom it comes to Rs.2,625/- x12x17(multiplier)=Rs.5,35,500/- apart from even Rs.50,000/- for loss of consortium, Rs.25,000/- funeral expenses, Rs.10,000/- loss of estate and Rs.15,000/- care and guidance to the minor child, it comes to Rs.6,35,500/- is the just compensation entitled by the claimants.

Accordingly, the appeal is partly allowed by enhancing compensation from Rs.1,60,000/- to Rs.6,35,500/- with same rate of interest and in other respects the award of the Tribunal holds good. Consequently, miscellaneous petitions, if any shall stand dismissed. No costs.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 30.08.2016 ska 2 2001 (8) SCC 197