HON’BLE SRI JUSTICE C.V.BHASKAR REDDY M.A.C.M.A.No.39 of 2019

JUDGMENT:

This appeal, under Section 173 of the Motor Vehicles Act, 1988, is filed by the appellants-claimants, challenging the judgment and decree dated 29.06.2018 passed in M.V.O.P.No.1136 of 2013 by the Chairman, Motor Accidents Claims Tribunal-cum-XIII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad (for short “the Tribunal”), whereby the Tribunal awarded a total compensation of Rs.6,95,400/- along with interest at 6% per annum from the date of petition, as against the claim of Rs.15,00,000/- for the death of the deceased B. Raju in a road accident.

2. The brief facts of the case are that on 04.02.2013 the deceased, along with two others, was travelling on a Bajaj Pulsar motorcycle bearing No.AP-09-AU-4865 and when they reached near Kondamadugu Village, Bibi Nagar, on N.H-163, one tanker lorry bearing No.AP-31-U-6758, being driven by its driver in a rash and negligent manner and at high speed, dashed the motorcycle, due to which the deceased fell down and sustained grievous head injuries. He was shifted to Government Area Hospital and thereafter to Nikhil Hospital, Dilsukhnagar, Hyderabad and on 10.02.2013, he succumbed to injuries while undergoing treatment. A case in Crime No.18 of 2013 was registered under Section 304-A IPC against the driver of the tanker. Stating that the deceased used to earn Rs.9,000/- per month and was contributing to the family, the appellants filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.15,00,000/- against the respondent Nos.1 and 2.

3. Before the Tribunal, respondent No.1-owner of the tanker remained ex parte. Respondent No.2-insurer filed a counter denying the averments of the claim petition and contended that the compensation claimed was excessive and prayed for dismissal of the claim.

4. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the tanker and awarded compensation of Rs.6,95,400/- with interest at 6% per annum from the date of petition till the date of realization. Aggrieved by the quantum of compensation awarded, the appellants filed the present appeal seeking enhancement

5. Learned counsel for the appellants would submit that the Tribunal erred in assessing the income of the deceased at Rs.4,500/- per month and in not properly applying the principles laid down by the Hon’ble Apex Court in National Insurance Company Limited vs. Pranay Sethi and others, 2017 ACJ 2700, particularly with regard to compensation under conventional heads. Learned counsel also submitted that as per the decision of the Hon’ble Supreme Court in National Insurance Company Ltd. vs. Mannat Johal and others2, the reasonable rate of interest to be awarded in motor accident claim cases shall be 7.5% per annum and therefore prayed this Court to modify the impugned award and enhance the compensation.

6. On the other hand, learned standing counsel appearing for respondent No.2-insurance company supported the award passed by the Tribunal and contended that the compensation granted is just and reasonable and does not warrant interference.

7. The finding of the Tribunal that the accident occurred due to the rash and negligent driving of the driver of the tanker and that respondent No.2-insurance company is liable to pay compensation has become final, as the same is not challenged by the respondents.

8. Insofar as the income of the deceased is concerned, though no documentary evidence has been produced, taking into consideration the nature of work and circumstances of the case, this Court is of the opinion that the monthly income of the deceased can be reasonably

2 AIR 2019 SC 2079

fixed at Rs.6,000/- instead of Rs.4,500/- (taken by the Tribunal). Therefore, annual income of the deceased comes to Rs.72,000/- (Rs.6,000 x 12). As per the decision of the Hon’ble Supreme Court in Prana