THE HON’BLE SRI JUSTICE K.SURENDER M.A.C.M.A No.329 OF 2013

JUDGMENT:

1. The appellants-claimants, who are the wife, children and mother of the deceased filed this appeal against the Order and Decree dated 29.10.2012 in O.P.No.79 of 2009 on the file of the I Additional Metropolitan Sessions Judge-Cum-XV Additional Chief Judge, Hyderabad, where under the Tribunal granted claimed amount of Rs.6,00,000/- along with interest @ 7.5% per annum on account of the death of the deceased in the motor vehicle accident occurred on 03.12.2006.

2. The appellants challenged the impugned award only on the quantum of compensation awarded by the Tribunal. Therefore, this Court is not inclined to go into other details other than the quantum of compensation.

3. Heard the learned counsel for the appellants and the learned counsel appearing for APSRTC.

4. The only ground raised by the learned counsel appearing for the claimants is that though it was claimed that the deceased was working as a lorry driver and earning Rs.6,000/- p.m., the Tribunal considered his come at Rs.4,000/-. In support of his

contention, learned counsel relied on the judgment of the Hon’ble Supreme Court in Kala Devi & Ors vs. Bhagwan Das Chauhan1, in which the income of the driver was considered as Rs.9,000/-p.m. In the present case, the claim that the deceased

was earning Rs.6,000/- as a lorry driver can be accepted.

5. Accordingly, taking the income of the deceased at Rs.6,000/-, the annual income comes to Rs.72,000/- p.a.(6,000x12). Further, in view of the judgment of the Hon’ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay Sethi², 40% has to be considered towards future prospects which comes to Rs.1,00,800/-(72,000+28,800). Out of which, 1/4^th has to be deducted towards his personal expenses, which comes to Rs.75,600/-(1,00,800-25,200). As per the judgment of the Hon’ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport Corporation, [2009(6) SCC 121], adopting the appropriate multiplier 16, the total comes to Rs.12,09,600/-. In addition, the appellants/claimants are entitled to Rs.40,000/- towards consortium to wife, Rs.1,20,000/- towards parental consortium to 3 children, Rs.40,000/- towards filial consortium to mother, Rs.15,000/- towards loss of estate, Rs.15,000/- towards transport charges and

1 2014 LawSuit (SC) 895 2 2017(6) ALD 170 (SC)

Rs.15,000/- towards funeral expenses. Thus, the appellants are entitled for an amount of Rs.14,54,600/- towards compensation.

6. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed enhancing the compensation awarded by the Tribunal from Rs.6,00,000/- to Rs.14,54,600/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization. The appellants are permitted to withdraw the entire amount of compensation, on payment of deficit Court fee. Except the above enhancement, the award of the Tribunal shall remain same on all other aspects. Miscellaneous applications, if any pending, shall stand closed.

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K.SURENDER, J Date : 01.03.2024 dv