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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA, J
Smt. Kushaji Surekha – Appellant
Versus
M/S. SICGIL INDUSTRIALGASES LIMITED. – Respondent
M.V.O.P.No.449 of 2015
For the Appellants/Petitioners: Sri Palle Sri Harinath
For the Respondents: Sri B. Yuvraj
Court reaffirmed the importance of accurately assessing income for compensation claims, emphasizing the duty to consider future potential earnings.
Headnote:(A) Motor Vehicles Act, 1988 - Compensation claims - The tribunal initially awarded compensation of Rs.12,42,000/-; the claimants sought enhancement arguing that the deceased's income was understated. The Court considered evidence and determined the deceased's income, applying statutory guidelines for calculating compensation and future prospects. (Paras 12 and 14)
(B) Assessment of Income - The deceased's prior earnings from agriculture and dairy business were substantiated through testimonies and documents, with the Court recalculating potential compensation based on established income multiplied by an appropriate factor for future expectations. (Para 13)
Facts of the case:
The petitioners claimed compensation following an accident on 10.06.2015 caused by a lorry's negligent driving, resulting in the death of the deceased, a milk vendor, during transportation to the hospital.
Findings of Court:
The Court found that the deceased earned Rs.10,000/- per month, enhancing the total compensation to Rs.19,25,100/- from the tribunal's figure of Rs.12,42,000/-. A 7.5% interest was awarded from the date of the claim petition until payment is made.
Issues: The claimants sought enhancement of compensation based on evidence of the deceased's income from milk and agricultural work.
Ratio Decidendi: The Court noted that proper evidence must support claims regarding the deceased’s income and adequate compensation calculated based on quantified future earnings and statutory provisions.
Result: The appeal is partly allowed, modifying the compensation awarded and enhancing it significantly from the original decree.
| Table of Content |
|---|
| 1. accident sequence leading to fatality (Para 3) |
| 2. petitioners' claim for enhanced compensation based on evidence of deceased's earnings (Para 8 , 10) |
| 3. evidential basis for compensation determination (Para 12) |
| 4. court's conclusion modifying compensation awarded by lower tribunal (Para 14) |
JUDGMENT:
This appeal is filed by the claimants, aggrieved by the Order and Decree dated 18.03.2020 in M.V.O.P.No.449 of 2015 passed by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-I Additional District Judge, Nizamabad (for short “the Tribunal”) .
2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.
3. The case of the petitioners before the tribunal is that on 10.06.2015 at about 1:00 p.m., the deceased was going to Kamareddy on motor bike bearing No.AP-29-BM-5937 as a pillion rider, while one of his villager was riding the bike and when they reached Hamara Mitti School near Kupriyal Village on NH-44, a lorry driven by its driver in a rash and negligent manner has hit the motor bike from behind, as a result, the deceased sustained severe bleeding injuries and when he was being shifted to Government Area Hospital, he died on the way. The claimants sought a compensation of Rs.35,00,000/-.
4. The respondent No.1 remained ex-parte.
5. The respondent No.2 has filed counter denying the averments of the petition with regard to the occurrence of the accident, age, avocation and income of the deceased. It is further contended that the driver of the crime vehicle was not holding valid driving license and that their company is not liable to pay any compensation. It is further contended that the accident occurred due to the sole negligence of the rider of the motor bike and that there is no negligence of the driver of the lorry.
6. Based on the above pleadings, trial Court has framed the following issues for trial:-
“1. Whether on 10.06.2015 at about 1:00 p.m., at Hamara Mitti School near Kupriyal Village, accident occurred due to rash and negligent driving of lorry No.MH46F3991 by its driver?
2. Whether Kushaji Mohan Rao received injuries in that accident and died of the injuries?
3. Whether the petitioners are entitled for compensation? If so, to what amount and from which respondent?
4. To what relief?”
7. To prove their case, petitioner got examined PWs 1 to 4, Exs.A1 to A10 were marked. On behalf of the respondents, RW1 was examined and Exs.B1 and B2 were marked.
8. Based on the evidence on record, the Tribunal has awarded a compensation of Rs.12,42,000/-. Aggrieved by the said award, the present appeal is preferred by the claimants seeking enhancement of compensation.
9. Heard the submissions of Sri Palle Sri Harinath, learned counsel for the appellants and Sri B. Yuvraj, learned Standing counsel for respondent No.2.
10. Learned counsel for the appellant has submitted that the petitioners herein have lost their source of dependency, but the tribunal has granted a meager amount of compensation by assessing the income of the deceased to be low as Rs.9,000/- per month. He further argued that the deceased was a milk vendor and agriculturist and was possessing Ac.2-00 gts of land and that they have produced the Income Certificate of the deceased to show that he used to earn Rs.48,000/- per month by supplying the milk, but still the tribunal failed to consider the documents filed by them and has granted meager amount. He therefore prayed to enhance the compensation.
11. Learned counsel for the respondents has submitted that the tribunal has rightly considered the evidence on record and has granted a just amount towards compensation and has prayed to uphold the same.
12. In view of the above contentions, the points that arise for consideration in this Appeal are as follows:-
1. Whether the claimants are entitled to enhancement of compensation?
2. Whether the Order and Decree of the Tribunal need any interference ?
3. To what relief ? 13. Point No.1:
a) The claimants are aggrieved by th
