Kasula Pushpa And 3 ORS v. Guruseva Singh And ANR

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER M.A.C.M.A. No.1662 OF 2005 JUDGMENT:

Dissatisfied with the quantum of compensation of Rs.3,75,600/- awarded by the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Nizamabad ('the Tribunal' for brevity), vide order, dated 04.03.2005, passed in O.P.No.1394 of 2001, as against the total claim of Rs.10,00,000/-, the claimants preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act', for brevity) seeking enhancement of compensation.

2.

Heard the learned counsel for the appellants-petitioners, the learned counsel for respondent No.2-Insurance Company and perused the record.

3.

The parties hereinafter are referred to as arrayed before the Tribunal.

4.

Learned counsel for the appellants-petitioners would contend that the Tribunal had taken monthly wages of the deceased as Rs.2,400/- though he was earning more than Rs.3,000/- per month. The Tribunal had granted lesser compensation to the petitioners under conventional heads and ultimately prayed to enhance the compensation to Rs.10,00,000/- as claimed. 5.

On the other hand, learned counsel for the 2nd respondentInsurance Company would contend that the Tribunal had taken into consideration all the aspects and granted adequate, just and reasonable

compensation. There is nothing to take a different view and ultimately prayed to dismiss the appeal.

6.

There is no dispute with regard to the death of Kasula Sudarshan Goud @ Sudarshan Goud in the motor accident, which occurred on 18.10.2001, due to rash and negligent driving of the driver of lorry bearing No.MH20 F 5438.

7.

As far as the monthly income of the deceased is concerned, basing on the evidence on record, the Tribunal had rightly taken it as Rs.2,400/- per month and calculated loss of dependency payable to the petitioners as Rs.3,45,600/-. There is nothing to take a different view. 8.

The Tribunal has granted Rs.15,000/- towards loss of consortium, Rs.10,000/- towards loss of estate and Rs.5,000/- towards transportation expenses. It is apt to refer to the recent decision of the Apex Court in National Insurance Co. Ltd., Vs. Pranay Sethi and others1, wherein, it was held as follows:- "Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs.15,000/-, Rs.40,000/- and Rs.15,000/- respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years."

Taking into consideration the aforementioned decision of the Apex Court, this Court is inclined to grant Rs.40,000/- to the 2nd appellant/2nd petitioner (wife) towards loss of consortium, Rs.15,000/- to the appellantspetitioners towards loss of estate and another Rs.15,000/- towards funeral 1 2017 (6) ALD 170 (SC)

expenses. Thus, the appellants-petitioners are entitled for a total compensation of Rs.4,15,600/- (Rupees four lakhs fifteen thousand six hundred only) (Rs.3,45,600/- + Rs.40,000/- + Rs.15,000/- + Rs.15,000/-). 9.

Accordingly, the appeal is allowed in part modifying the order, dated 04.03.2005, passed by the Tribunal, enhancing the compensation from Rs.3,75,600/- to Rs.4,15,600/- with interest at the rate of 7.5% per annum on the enhanced compensation amount from the date of petition till date of deposit. On deposit of the compensation, the appellants-petitioners are permitted to withdraw the entire amount along with the accrued interest. The apportionment of compensation shall be as under: 1st appellant (mother) :

Rs.1,00,000/ - 2nd appellant (wife) :

Rs.2,15,600/ - 3rd appellant (sister) :

Rs.50,000/ - 4th appellant (brother) :

Rs.50,000/ - TOTAL :

Rs.4 ,1 5 ,6 0 0 / - Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

_______________________ Dr. SHAMEEM AKTHER, J Date: 05.06.2018 ssp