Burri Limbavva, Nizamabad Dist And 3 Others v. Syed Yousuf Ali And ANR

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD ;:;

i. r, FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT i i THE HONOURABLE SMT JUSTICE P.SREE SUDHA .:

MOTOR ACCIDE T CIVIL MISCELLANEOUS APPE NO: 97 OF 2015 Appeal filed under Section '173 of MV Act against Order and Decree dated 7-05-2014 made in O.P.No.638 of 2010 on the file of the Chairman, Motor i Accident Claims Tribunal (District Judge) at Nizamabad i'* Between:

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1. Burri Limbawa Wo. Burri Buchaiah, Age 52 years, Occ Household

2. Burri Godavari D/o. Burri Buchaiah, Age 28 years, Occ Nil.

3. Burri Rajitha Dio. Buni Buchaiah, Age 26 years, Occ Nil.

4. Burri Ganga Prasad S/o. Burri Buchaiah, Age 24 years, Occ Nil. Ij All are R:/o. H.No.6-8-130, Namdevwada, Nizamabad, Nizamabad District fi )i.

Ji ...APPELLANTS/PETITIONERS AND

1. Syed Yousuf Ali S/o. Mohd. Ali, Age major, Occ: Owner of Lorry bearing No. MH-29-7869, R/o. Azad Ward, Vasant Nagar, Purad D, Yavatmal. t

2. National lnsurance Company Limited, Throug Yavatmal, (cover note No 114957, valid from Branch Manager, Jawahar Road, Nizamabad.

h its Branch Manager, Purad 5-3-1999) Represented by ...RESPONDENTS/RESPONDENTS Counsel for the Appellants: SRl. S. SURENDER REDDY Counsel for the Respondents: NONE APPEARED The Court delivered the following JUDGMENT:

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THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.97 of 2Ol5 JUDGMENT:

This appeal is filed against the Order dated 07.05.20 14 in O.P.No.638 of 2010 passed by the Chairman, Motor Accidents Claims Tribunal (District Judge), Nizamabad.

2.

The appellants/ petitioners hled O.P.No.638 of 2010, claiming compensation of Rs.8,00,00O l- for the death of the deceased, Burri Gangadhar in the road traffic accident occurred on 17.1O.1999. The Police, Kamareddy, registered F.l.R. No.234 of 1999 under Section 304-A and 337 IPC against the driver of the crime vehicle.

3.

The Trial Court considering the oral and documentary evidence granted Rs.6,00,000/ - with interest @ 7 .5o/o per annum lrom the date of petition to till the date of realization. 4.

The learned Counsel for the appellants/ petitioners contended that the contributory negligence of the deceased as 25o/o was taken by the Trial Court but there was no pleading in the counter regarding,and the age of the parents of the deceased was considered for taking the appropriate multiplier instead of considering the age of the deceased. Therefore, requested this Court to modify the order of the Trial Court.

5.

On 17.10'1999, Burri Gangadhar / deceased was proceeding on the motorcycle bearing No'AP 25 C 2332 and Pradeep Kumar was the pillion rider' At i2'00 noon' they reached in front of Balaj i Petrol Pump' Kamareddy and one lorry bearing No.MH 2g-7 869 at high speed in rash and negligent manner was going ahead of their motorcycle and the driver of the said lorry applied sudden brake in the middle of the road' Asa result, Burri Gangadhar came under the lorry and and sustained sustained rupture of liver' heart and lungs grievous head injury and died on the way to hosPital at KamareddY.

6.

Heard both sides' Perused the entire record ' 7.

As the driver of the lorry applied sudden brakes and the deceased was going behind the vehicle' the deceased went under the lorry and sustained injuries and he died' Therefore' it cannot be said that there was contributory negligence on the part of the deceased'

8.

It was stated that he was working as beedi commission agent and also doing milk business and was earning Rs.20,0OO/- to Rs'25,000/-' but he has not filed any document' As such, the trial Court taken his income as Rs'8'OOO/- and -, " -P"-tfi:

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this court needs no reason to interfere with the salary taken by the trial Court g.

As per the guidelines of the Hon'bie Apex Court in dictum of Sarla Vermq Vs. Delhi Tvansport Corporatlon,r if the deceased was unmarri ed, Vz of his income has to be deducted his personal expenses. Thus, the annual income of the deceased after deducting personal expenses comes to Rs'48,000/- per annum and the Honble Apex Court in the dictum of Natlondl Ins.rtrclnce Compang Llmlted Vs. Pranag Sethtz, heid 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, 4O%o of the income has to be added towards future prospects and thus the amount would become Rs.67,200/-. This sum if muttiplied with the multiplier applicable to the age of the deceased i.e.lS, it would come to Rs.12,09,60O/-. Thus, the appellants/ petitioners are entitled to Rs. 12,O9,60O/- under the head 'Loss of Dependency''

10. Besides, the appellants are also entitled for compensation under 'conventional heads' as prescribed in the dictum of Natlonal Insurance Compang Llmlted Vs. Prandg Sethi, r'e , ' lzooey 6 scc tz t '1zorz; to scc oao T

Rs. 15,000/- towards loss of Estate and Rs.15,000/- towards funeral charges.

1 1 . Further, the Hon,ble Supreme Court, by reiterating the comprehensive interpretation of ,consortium, given in the authority of Magma General Insurqnce Compang Llmited as. Nrrnu Ra,m Alias Chuhru Ram & other*, and in the authority between tlnited Indla Insurance Comlrdng Limited vs. Satinder Kaur @ Satwinder Kaur and other#, fortified that the amounts for loss of consortium shall be awarded to the children who lose the care and protection of their parents as 'parental consortium' 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.4O,000/- as filial consortium to the petitioners.

12. Therefore, the appellants/petitioners are entitled for the compensation in the following terms:

Loss of dependency Rs. 12,09,600/- c Conventional Heads Rs.30,Oo0/- a Filial Consortium Rs.40,000/- TOTAL Rs.12,79,6OO/- '1zo18; ta scc t:o o lzozol e scc 6+n

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13. In the result, the appeal is allowed by enhancing the compensation amount from Rs.6,00,0O0/_ to Rs.12,Z9,600/_ (Rupees Twelve Lakhs Seventy Nine Thousand Six Hundred only) with interest at the rate of T.Sok per annum from the date of filing the petition till date of realization. Respondent No.2 shall deposit the entire amount within a period of one date of order. On such Deposit, the petitioners are permitted to withdraw the entire amount with the interest accrued on it equalllr'. The appellants/ peti tior-rers are directed to pay the deficit court fee on the er-rhanced amount. There shall be no order as to costs month from the Miscellaneous .petitions closed.

pending, if any, shall stand Sd/. P. P ASSISTANT REGISTRAR //TRUE COPY// ll{ r.tt SECTION OFFICER To,

1. The Chairman, Motor Accident Claims Tribunal (District Judge) at Nizamaba

2. One CC to SRl. S. SURENDER REDDY, Advocate [OPUC]

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JUDGMENT

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD i ) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE i.,. , *r,.#i $t $:.;

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l,r_l PRESENT '-i THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 97 OF 2015 f Between:

:

1. Burri Limbawa Wo. Burri Buchaiah, Age 52 years, Occ Household.

2. Bwri Godavari D/o. Burri Buchaiah, Age 28 years, Occ Nil.

3. Burri Rajitha Dio. Burri Buchaiah, Age 26 years, Occ Nil.

4. Burri Ganga Prasad S/o. Burri Buchaiah, Age 24 years, Occ Nil. t :

t All are Fyo. H.No.6-8-130, Namdewvada, Nizamabad, Nizamabad District !.1'iii .,.APPELLANTS/PETITIONERS SE !Yiri:

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AND

1. Syed Yousuf Ali S/o. Mohd. Ali, Age major, Occ: Owner of Lorry bearing No. MH-29-7869, Ri/o. Azad Ward, Vasant Nagar, Purad D, Yavatmal.

2. National lnsurance Company Limited, Through its Branch Manager, Purad, Yavatmal, (cover note No 114957, valid from 5-3-1999) Represented by its Branch Manager, Jawahar Road, Nizamabad.

...RESPONDENTS/RESPONDENTS Appeal filed under Section 173 of MV Act against Order and Decree dated 7 -O5-2O14 made in O.P.No.638 of 20'10 on the file of the Chairman, Motol J t { Accident Claims Tribunal (Diskict Judge) at Nizamabad ORDER: This appeal 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 Sri. S. Surender Reeddy, Advocate for the Appellant and none appeared for Respondents either in person or Advocate This Court doth Order and Decree as follows:

This the Motor Accident Qivil Miscellaneous Appeal be and hereby is allowed v"' by enhancing the compensation amount from Rs. 6,00,000/- to Rs.'ffi 12,7g,6OOt- (Rupees Twelve Lakhs Seventy Nine Thousand Six Hundred $ :1

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i lt i / only) with interest at the rate of 7.5o/o per annum from the date of filing the petition till date of realization;

2. That the Respondent No.2 shall deposit the entire amount within a period of .,,| one month from the date of order;

3. That on such deposit, the petitioners be and hereby are permitted to withdraw .f the entire amount with the interest accrued on it equally; i

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

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5. That save as aforesaid, the decree of the Lower Cou( shall stands confirmed in all other respects: and

6. That there shall be no order as to costs in this appeal. * -$ir Sd/. P. PADMANABHA REDDY ASSISTANT REGISTRAR Y $!.ri li:..:

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