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2004 DIGILAW 397 (AP)

Guthula Padma v. Kukkala Narayana Murthy

2004-03-29

C.Y.SOMAYAJULU

body2004
( 1 ) APPELLANTS, who are the widow, children and parents of Venkataramana (the deceased), aged about 23 years and working as a collie, filed a claim Petition seeking compensation of Rs. 1,50,000/- for the death of the deceased in an accident that occurred due to the rash and negligent driving of the 1st respondent when he was travelling as a coolie in the lorry belonging to the 2nd respondent and insured with the 3rd respondent. Respondents 1 and 2 remained ex parte, both in the Tribunal and this Court. 3rd respondent filed a counter contesting the claim petition. The said petition was tried with some other O. Ps. filed by the other injured who were travelling in the same lorry along with the deceased and six witnesses were examined on behalf of all the claimants, and Ex. A-1 to A-8 were marked on their behalf. 3rd respondent who did not adduce oral evidence marked Ex. B-1 by consent. The Tribunal held that the accident occurred due to the rash and negligent driving of the 1st respondent and awarded a total compensation of Rs. 1,09,000/- to the appellants. Dissatisfied with the compensation awarded to them, appellants preferred this appeal. ( 2 ) SINCE this is an appeal by the claimants seeking enhanced compensation and since the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the 1st respondent became final, the only point for consideration in this appeal is to what compensation are the appellants entitled for? ( 3 ) SINCE the accident occurred in 1992, and since the deceased was a resident of vedurumudi, Kapileswarapuram Mandal, east Godavari District, the average wages of the deceased at the time of his death can be taken Rs. 750/- per month, and so his contribution to the appellants can be taken as Rs. 500/- per month or Rs. 6,000/- per annum. I am aware of the fact that the contribution of the deceased to the appellants fixed by me is much less than what was taken by the Tribunal as the contribution of the deceased to the appellants, in an appeal preferred by the claimants seeking enhancement of the compensation. 500/- per month or Rs. 6,000/- per annum. I am aware of the fact that the contribution of the deceased to the appellants fixed by me is much less than what was taken by the Tribunal as the contribution of the deceased to the appellants, in an appeal preferred by the claimants seeking enhancement of the compensation. The tribunal obviously, without keeping in view the fact that the accident took place in 1992 when the wages in remote rural areas were not high, took higher amount as the contribution of the deceased to appellants. Since this Court under Rule 33 Order 41 of c. P. C. , can interfere with the unreasonable findings of the trial Court, I fixed the contribution of the deceased at Rs. 500/- per month to the appellants. ( 4 ) SINCE the deceased was aged about 24 years, multiplier 17 can be adopted, and so, the pecuniary damages payable to the appellants come to Rs. 6,000 x 17 = rs. 1,02,000/ -. ( 5 ) APPELLANTS are also entitled to rs. 15,000/-towards non-pecuniary damages and 1st respondent (petitioner) as per g. M. Kerala State Road Transport v. Susama thomas, is entitled to Rs. 15,000/- towards loss of consortium. ( 6 ) THUS, appellants are entitled to rs. 1,02,000/- + Rs. 15,000/- + Rs. 15,000/- = rs. 1,32,000/- as compensation for the death of the deceased in the accident. The point is answered accordingly. ( 7 ) IN the result, the appeal is allowed in part and an award is passed for rs. 1,32,000/- in favour of the appellants against the respondents jointly and severally with interest at the rate of 12 per cent per annum on Rs. 1,09,000/- from the date of the petition till the date of deposit into Court and with interest at 9 per cent per annum on rs. 23,000/- (being enhanced amount) from the date of award of the Tribunal i. e. 01-10-1994 till the date of deposit into Court, with proportionate costs in the Tribunal. 1st appellant is entitled to Rs. 46,000/- and interest thereon and costs. Appellants 2 and 3 are each entitled to Rs. 31,000/- and interest thereon. 4th Appellant is entitled to rs. 7,000/- and interest thereon and 5th appellant is entitled to Rs. 17,000/- and interest thereon. Parties are directed to bear their own costs in this appeal.