K. Jayamma, v. Pawar Kailash Sukhdev,

[ 3208 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYOERAEAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA M.AC.M.A.NOs: 632 AND 542 0F 2014 Appeals filed under Section 173 of M.V.Act., against the Order and decree dated 23.03.2013 passed in O.P.No.2534 of 2010 on the file of the Court of the Motor Accident Claims Tribunal-cum-ll Additional Chief Judge, City Civil Court at Hyderabad.

M.A.C.M .A"NO: 6320F 2014 Between:

1. K. Jayamma, Wo. K. Pandu, aged 40 years, Occ Household

2. K. Pandu @ Pandu Chary, S/o. Sathaiah, aged 42 years, Occ: Nil,

3. K.. Bhavani, D/o. K. Pandu, aged 19 years, Occ: Household All are R/o. 13-2-91012, Puranipool, Rahipura, Hyderabad. ,..APPELLANTS AND

1. Pawar Kailash Sukhdev, xinnao raruq, Arii.,giGa MH-20-4T-9283) ag9q.45 years, Occ: Business, Rl/o. Rahirgaon, District, MR. (Owner of the Tempo bearind No.

2. Cholamandalam, M/s. General lnsurance Co Manager, Hyderabad.

Ltd, Rep by its Regional ...RESPONDENTS M.AC,M.ANO: 5420F 2014 Between:

Cholamandalam MS. General lnsurance Co Ltd., Rep by its Regional Manager, Hyderabad.

...PETITIONER/RESPONDENT NO.2

AND

1. K Jayamma, Wo K pandu, aged 43 years, Occ: Household, Rto 13_2-g1}l2, Puranapool, Rahipura, HyoerSbad.

' 5,Ei;t#effiT"iA3ft;if,i1ll3l3Liy"o 45 vears, occ: Nir, No 13-2

3. K thavani, D/o K pandu. Occ: Household , No 13_2-g1)t2, puranapool, Rahipura, Hyderabad.

RESPONDENTS/PETITIONERS Pawar Kailash Sukhdev, S/o not known, Occ: Business, Rl/o Rahirgaon, Kannad (Tq), Auranqabad Dist, MR.(OwnL;

"tir.," i"r-r]" ruo.MH_AT_9283) (R-4 is not necessary) ...RESPONDENTS/RESPONDENTS MACMAMP. NO:661 oF 2014 Petition under section r_51 cpc praying that in the circumstances stated in the affidavit fited in support of. the petition, it ,i iigh ;;; ,"y be pteased to stav the execution of decree and judlment pi".J r"-r'r.v oE rio i'si.i1r'"zJi[i dt.23.03.2013 0n rhe fire of rho MvAci-"lriinoiiri"""r chief Judge, city civir Court, Hyderabad pending the finat Oi"poJ of in.-,"'rii'"ppu",. Counsel for the Appellant in MACMA NO.632 OF 2014 and Respondents in [YIACMANO. 542 OF 2O1 4 :SRl. T VISWARUPA CHARY Counsel for the Respondents in MACMA NO.632 OF ZO14 and Appeltant in MACMA.No.542 oF .o14 : SRI KoTA SUBBA RAo The Court made the following: COIT MON JUDGMENT I

THE HONOURABLE SMT. JUSTICE P.SRTE SUDIIA M.A.C.M.A.Nos.632 &,542 of 2OL4 COMMON JUDGMENT:

These appeals are trled against the Order dated 23.03.2013 in O.P.No.2534 of 2010 passed by the learned II Additional Chief Judge-cum-Motor Accident Claims Tribunal, Ciry Civil Courts, Hyderabad.

2.

The petition uide O.P.No.2534 of 2010 was filed by the petitioners/claimants claiming compensation of Rs.9,00,00O/- for the death of the deceased Praveen Kumar @ Praveen, who died in the motor vehicle accident occurred on 15.07.2010. The Trial Court after considering the oral and documentary evidence on record, granted compensation of Rs.7,30,OOO/- along with interest @ 60/o per annum from the date of petition tili realization. Aggrieved by the said Order, they preferred M.A.C.M.A.No.632 of 2OL4.

3.

The Road Transport Corporation (R.T.C) has also filed M.A.C.M.A.No.542 of 2Ol4 against the same Order in O.P.No.2534 of 2OlO and disputed the quantum of compensation awarded by the trial Court and requested the Court to set aside the Order of the trial Court.

4.

Parties herein are referred as petitioners and respondents as arrayed before the trial Court for the sake of convenience. 5.

The brief facts of the case are that on 14.O7.2010, the deceased along with his family Hyderabad for travelling to Shiridi.

members started from On 15.07.201O, at about O4.4O AM, when they were near English School on Jintur_Jalna Road, parbhani District, Maharashtra, a tempo vehicle bearing No.MH 20 AT 92g3 came in a rash aDd negligent manner dashed the vehicle in which the deceased was travelling. As a result, the deceased sustained grievous injuries and died on the spot. A case in Crime No. IO7 of2OlO under Sections 337, 338 and 3O4-A IpC was against the driver of the crime vehicle bearing No. MH 20 AT 9283.

6.

p.Ws. I and 2 are examined on behalf of the petitioners and Exs.Al to A5 were marked. Ex.Bl was marked on behalf of respondents.

7 .

The learned Counse.l for the petitioners mainly contended that the deceased was eaming Rs.fO,O00/_ per month, the trial Court without assrgning any reasons taken his salary as Rs.S,OOO/- per month and relied upon a decision made by -# -1k-'-'

ril

Hon'lcle Apex Court in Rajesh Vs' Rajbir Singhl a three-Judge Bench judgment held that in case of self-employed persons also' if the deceased victim is below 4O years' there must be addition of 50% to the actual income of the deceased while computing future prospects and the amount towards iove and allection was not granted. Therefore, requested tJlis Court to modiff the order of the Trial Court.

Heard arguments of both sides and perused the entire evidence on record.

g.

Learned counsel for petitioners relied upon a decision made by Honbte Apex Court in Kunta Devi and others Vs Bhura RaE and another2, wherein it was held that the monthly income of the deceased who was working as a carpenter was taken as Rs. 12,000/- per month' Though the deceasedwasaskilledgoldsmithandwaseamingRs.l0,0o0/. per month, this Court hnds it reasonable to take his income at Rs.8,OOO/- Per month '

10. As per the guidelines of the Honble Apex Court in dictum ofsarlaVerntaVs.DelhiT?oinsPo,iaCotporatTon,3ifthe deceased was unmarrie d', V" of his income has to be deducted I (2013) 9 scc 54 ' zozl ect 23Eq I lzooe; o scc tzt

towards personal expenses and the Hontrle Apex Court in the dictum of Nationat Insurance Compang Limtted. Vs. pranag Sethia, held that the future prospects of income of the self_ employed deceased shall also be included in determination of the compensation. Thus, considering the age of the deceased, 4OYo of the income has to be added towards future prospects. This sum if multiplied with the multiplier applicable to the age of the deceased i.e. 1g, it would come to Rs. 12,09,6O0/_. Thus, the petitioners/claimants are entitled to Rs.12,O9,600/_ under the head 'Loss of Dependency,.

ll

11. Besides, petitioners are under 'conventional heads, as li also entitled for compensation I I I prescribed in the dictum of Nattonal Insuro:nce Compang Limtted Vs, pranagSethi, i.e., Rs.I5,OOO/- towards loss of Estate and Rs. l5,0OO/_ towards funeral charges.

i

12. Further, the Honble Supreme Court, by reiterating the comprehensive interpretation of tonsortium, given in the authority of Magnu. Genetz.l lrtsu"ornce Compang Llmlted os. Na,nu R.am Atias Chuhttt Rorm & otherd, and in the authority between Unlted Indla Insurance Compang Ltmited. as. '(20 t7) t6 scc 680 , (20t8) t8 SCC 130

I Satinder Kaur @ Sdtuinder Kaur and. others, fortified ttrat the amounts for loss of consortium shall be awarded to the children who lose the care and protection of their parents as 'parental consor[ium' and to the parents as, .filial consortium, for the loss of their grown-up children, to compensate their agony, love and affection, care and companionship of deceased children. Accordingly, it is just and reasonable to award Rs.40,00O/- each petitioner Nos. I and 2 towards filial consortium.

13. Therefore, petitioner Nos.1 and 2 are entitled for the compensation amount in the following terms:

loss of dependency Rs.12,09,600/ - Conventional heads Rs.30,OO0/- Filial Consortium Rs.8O,0OO/- TOTAL Rs,13,19,600/- I I I

14. In the result, M.A.C.M.A.No.632 of 2Ol4 is allowed and M.A.C.M.A.No.542 of 2O14 is dismissed. The amount of compensation granted by the trial Court is enhanced from Rs.7,30,OO0/- to Rs.13,19,600/- (Rupees Thirteen lakhs Nineteen thousand six hundred only) with interest at the rate of u lzozol e scc aa + ,r*/,$

7.5o/o per annum from tJ e date of filing the petition till the date of rea_lization. Though, Respondents No. I and 2 are jointly and severa y liabre to pay compensation, respondent No.2 is directed to deposit the entire amount within a one month from the date of this Judgment.

No.3, sister of the deceased was aged 19 yea_rs as on the date of fiIing of the appeal in the year 2Ol4 and she is dependent on her father, petitioner No.2, as such, she is period of Petitioner not entitled for any compensation. On and 2 are permitted to such deposit, petitioner Nos. 1 withdraw the entire amount along with interest accrued on it equally. The appellants/petitioners are directed to pay the deficit court fee on the enhanced amount. There shall be no order as to costs.

Miscellaneous petitions closed.

pending, if any, shall stand SD/. ttIOHD. SANAULLAH AT.TSARI ASSISTAT GISTR.AR //TRUE COPY// SECTION OFFICER lo 1' The Motor Accident craims Tribunar-cum-, Additionar chief Judge, city _ Civil Court at Hyderabad.(Witn necorOs if anvf ' '-'

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3. one cc to sRt. Kora subeeirAo,'AjrGil"6ilcf ,.roori '*o cD coPies w'

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HIGH COURT DATED: 2911212023 :i 1HE S ( COMMON JUDGMENT MACMA.Nos.632 AND 542o.F 2014 .lot 4 iiii A il .7_ ,t .!,. .. i'

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i* DISMISSING THE MAGMA.N0.542 OF 2014 I AND ALLOWING THE MACMA.NO.632 OF 20'|-4 4[a'r V,- f,*'1 { :tt:

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY MNTH DAY OF OECEMBER TWO THOUSAND AND TWENTY THREE PRESENT # THE HONOURABLE SMT JUSTICE P.SREE SUDHA M.AC.M.ANOs: 632 AND 512OF 2014 M.AC.M.ANO:632 oF 2014 Between:

1. K. Jayamma, W/o. K. Pandu, aged 40 years, Occ Household

2. K. Pandu @ Pandu Chary, S/o. Sathaiah, aged 42 years, Occ: Nil,

3. K. Bhavani, D/o. K. Pandu, aged 19 years, Occ: Household All are R/o. 13-2-91012, Puranipool, Rahipura, Hyderabad. ...APPELLANTS AND

1. Pawar Kailash Sukhdev, aged 45 years, Occ: Business, Ryo Rahirgaon, K€nnqd Taluq, Aurngabad District, MR. (Owner of the Tempo bearing No. MH-2o-AT9283)

2. Cholamandalam, M/s. General lnsurance Co. Ltd, Rep by its Regional Manager, Hyderabad.

...RESPONDENTS M.AG.M.A.NO: 5420F 2014 ,.r Between:

Cholamandalam MS. General lnsurance Co Ltd., Rep by its Regional Manager, Hyderabad.

.,.PETITIONER/RESPONDENT NO.2 ANO

1. K Jayamma, W/o K Pandu, aged 43 years, Ocr: Household, No 13-2-91012, Puranapool, Rahipura, Hyderabad.

2. K Pandu @ Panu Chary, S/o Sathaiah, 91 0/2, P-uranapool, Rahipura, Hyderab ed 45 years, Occ: Nil, Rlo 13-2ag ad.

3. K Bhavani, D/o K Pandu, Occ: Household, Rlo 13-2-91012, Puranapool, Rahipura, Hyderabad.

#i RESPONDENTS/PETITIONERS

4. Pawar Kailash Sukhdev, S/o not known, Occ: Business, Rl/o Rahirgaon, Kannad (Tq), Aurangabad Dist, MR.(Owner of the Tempo No,MH-AT-9283). (R4 is not necessary) ...RESPONDENTS/RESPONDENTS il.

Appeals filed under Section 173 of M.V.Act., against the Order and decree dated 23.03.2013 passed in O.P.No.2534 of 2010 on the file of the Court of the Motor Accident Claims Tribunal-cum-ll Additional Chief Judge, City Civil Court at Hyderabad.

ORDER: This appeals coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of SRl. T VISWARUPA CHARY, Advocate for the Appellants in MACMA.no.632 ot 2014 and Respondents in MACMA.No.S42 ot 2014 and of SRI KOTA SUBBA RAO, Advocate for the Respondents and Appellant in MACMA.No.542 of 2O14 *Sr# The Court doth Order and Decree as follows:

1. That this MACMA.No. 542 of 2014 be and hereby is dismissed and MACMA.No.632 of 20'14 be and hereby is partly allowed;

2. That the amount of compensation granted by the trial court is enhanced from Rs.7,30,0001 to Rs. 13, 19,6001 (Rupees Thirteen lakhs Nineteen thousand six hundred only) with interest at the rate of 7.5o/o pd annum from the date of filing the petition till the date of realization;

3. That the respondents No.1 and 2 be and hereby are jointly and severally liable to pay compensation, respondent No.2 is directed to deposit the entire amount wilhin a period of one month from'the date of this Judgment;

4. That the petitioner No.3, sister of the deceased was aged 19 years as on the date of filing of the appeal in the year 2014 and she is dependent on her father, petitioner No.2, as such, she is not entitled for any compensation;

5. That on such deposit, petitioner Nos.1 and 2 be and hereby are permitted to withdraw the entire amount along with interest accrued on it equally;

6. That the appellants/petitioners be and hereby are directed to pay the deficit court fee on the enhanced amount;

I

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7. That save as aforesaid, the decree of the rower tribunar shall stand confirmed in all other respects; and

8. That there shall be no order as to costs in this appeal. SD/. MOHD. SANAULLAH ANSARI ASSISTAT^ BEGISTRAR L'Yr,.- :, ,] //TRUE COPY// To SECTION OFFICER

1. The Motor Accident craims Tribunar-cum-I Additionar chief Judge, city . Civil Court at Hyderabad.

2. Two CD Copies PrlAKF{ ffi tl .,..t .1,fr, .,* d

HIGH COURT r[1 r DATED: 2911212023 ffi i COMMON DECREE MACMA.Nos.632 AND .542 0F 2014 ffi t DISMISSING THE MACMA.N 0.542 OF 201 4 AND ALLOWING THE MACMA.NO.632 OF 2014 q c{ta ::j tr',