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2010 Supreme(AP) 225

B. Prakash Rao and R. Kantha Rao, JJ.
IN THE HIGH COURT OF ANDHRA PRADESH
Chavva Tanuja
Vs.
Mohd. Habeeb and five Ors.
M.A.C.M.A. No. 2155 of 2006
Decided On: 19.03.2010

Advocates Appeared:
For Appellant/Petitioner/Plaintiff: B. Vijaysen Reddy, Adv.
For Respondents/Defendant:Rupendra Mahendra, Adv. for Respondent No. 2, K. Venkata Rao, Adv. for Respondent No. 3 and P. Ganga Rami Reddy, Adv. for Respondent Nos. 4 and 5

Headnote:

MOTOR Vehicles Act - Section 173 - Injured - Deceased - seeking to assail correctness of award - Appellant-wife of deceased filed this appeal under Section 173 of the Motor Vehicles Act seeking to assail correctness of award passed in O.P. on file of Chairman MACT-cum-Additional District Judge - In brief, the facts of the case are that on 25.10.2004 at 10.30 pm when the deceased was coming on his Hero Honda Motor Cycle bearing and when reached near NFCI Cross Road Road Hyderabad one Car bearing came in a rash and negligent manner at high speed in opposite direction lost control and dashed the Motor Cycle of the deceased due to which deceased fell down and received fatal injuries - He was shifted to and during course of treatment he succumbed to injuries on Police registered a case in crime - According to appellant deceased was aged about years did B.Sc. Computers and doing job in marketing research in TNSPVTLTD Road – Held Therefore it can safely be taken for arriving at compensation - Therefore from out of instead of taking it as it can safely be taken by deducting and by calculating annual income by addition of multiplier total amount would come to - After deducting total amount comes to - In view of same we are of view that Court below erred in awarding as compensation and it should be - As per other amounts of heads granted by Court below towards consortium towards funeral expenses towards loss of estate they are remained as they are Though an attempt has been made by appellant in regard to apportionment in respect of respondents and who are parents of deceased having regard to fact that Court below apportioned compensation justifiably we do not see warrant to interfere with same - Accordingly we confirm apportionment as well - Accordingly Civil Miscellaneous Appeal is partly allowed.

JUDGMENT

B. Prakash Rao, J.

1. The appellant-wife of the deceased filed this appeal under Section 173 of the Motor Vehicles Act, 1988, inter alia, seeking to assail the correctness of the award dated 25.08.2006 passed in O.P. No. 412 of 2005 on the file of the Chairman, MACT-cum-Additional District Judge, Karimnagar.

2. In brief, the facts of the case are that on 25.10.2004 at 10.30 pm when the deceased was coming on his Hero Honda Motor Cycle bearing No. AP 13 D 5688 and when reached near NFCI Cross Road, Road No. 1, Banjara Hills, Hyderabad, one Tata Indica Car bearing No. AP 29 D 2727 came in a rash and negligent manner at high speed in the opposite direction, lost control and dashed the Motor Cycle of the deceased due to which the deceased fell down and received fatal injuries. He was shifted to Yashoda Hospital, Somajiguda and during the course of treatment, he succumbed to the injuries on 26.10.2004. Police registered a case in crime No. 789 of 2004.

3. According to the appellant, the deceased was aged about 29 years, did B.Sc., Computers and doing job in marketing research in TNSPVTLTD, Road No. 2, Banjara Hills, Hyderabad, since 7 years and drawing monthly salary of Rs. 9,500/-. Further, the deceased was an income tax assessee. Hence, the total claim was made for an amount of Rs. 28,00,000/-. The appellant is the wife and respondents 4 and 5 are the parents of the deceased.

4. Contesting the claim, the case of the third respondent-Insurance Company was that of total denial as to the rash and negligent driving of the driver of the Tata Indica Car and that the claim also being arbitrary and on higher side.

5. The Court below framed issues and both the parties went into trial. During the trial, P.Ws.1 to 3 were examined and Exs.A1 to A10 were marked on behalf of the appellant. On behalf of the respondents, no evidence, either oral or documentary, was adduced. Considering the aforesaid evidence and material on record, the Court below awarded compensation of Rs. 6,56,550/- towards loss of dependency and also on other grounds. Hence, the appeal for enhancement of compensation.

6. Having heard on either side and on perusal of the material available on record, the only question that arises for consideration is with regard to the mode and method of assessment while arriving the quantum of compensation.

7. There is no serious dispute at this stage especially in regard to the very factum of the accident that occurred on 25.10.2004 and as a result of the injuries received, the deceased died. There is also no dispute to the fact that the deceased was a Computer Degree Holder and doing job and was getting Rs. 9,500/- per month. The same was proved under Ex.A4-Stipend Certificate. P.W.1 gives, not only account of the extent but also the nature of work, which the deceased was doing. The other witnesses P.Ws.2 and 3 were examined on behalf of the appellant and their evidence gives the details about the employment and the accident. There being no dispute in regard to the findings given by the Court below as to the rash and negligent driving of the vehicle, which need not be gone into once again, the ultimate question is only in regard to the manner in which the amount of compensation has been arrived.

8. The Court below arrived at the amount of compensation by taking salary at Rs. 5,000/- per month instead of taking it as Rs. 9,500/- per month and by applying multiplier 18', fixed the loss of dependency at Rs. 7,20,000/-. It is this aspect being attacked by the appellant. Several contentions sought to be urged on behalf of the appellant so as to why Rs. 9,500/- per month should not be taken into account. Ex.A8-copy of the agreement is of temporary natured and not a permanent one and the amount of Rs. 9,500/- is only stipend but not a regular salary. But we are of the view that in the nature of the employment, whether we call salary or stipend, it is the money, which the deceased was earning and contributing to the family. The salary and stipend



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