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2019 DIGILAW 125 (AP)

Penugonda Padma W/o Murali Mohan v. T. Govindu @ Chitteyya S/o Nooka Raju

2019-07-11

G.SHYAM PRASAD

body2019
ORDER : 1. This appeal is directed against the Judgment and Decree dated 10.07.2007 in OP No. 926 of 2004 passed by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, East Godavari District, Rajahmundry (for short “the tribunal”). 2. The brief facts of the case are that the petitioner No. 1 is the wife, petitioner No. 2 is the daughter and petitioner Nos. 3 and 4 are parents of the deceased, namely, Penugonda Murali Mohan. 3. On 29.04.2004, while the deceased was going on Bajaj Chetak Scooter bearing No. AP 05 Q 9275 along with respondent No. 1 and when they reached Bavajipet at 7.30 p.m. the respondent No. 1 had driven the scooter in a rash and negligent manner and the scooter ran over the metal heap on the wall and the rider had lost control over the scooter. Thus deceased had fallen on the road margin and sustained head injury, while undergoing treatment in the hospital, succumbed to the injuries. The crime No. 57/2001 was registered by Gokavaram Police Station. On completion of investigation, police filed charge sheet against respondent No. 1. The petitioners, who are legal heirs of the deceased claimed compensation of Rs.6,00,000/- and further claimed under no fault liability of an amount of Rs.50,000/- . 4. Before the tribunal, respondent Nos. 1 & 2 filed counter denying all the material allegations, inter-alia denying the rash and negligent act on the part of the respondent No. 1 and liability of respondent No. 3 the insurer of crime vehicle. 5. The Respondent No. 3 filed counter contending that the claim is excessive; that the accident occurred due to negligence on the part of the deceased; that in the absence of valid driving licence and relevant documents, the insurance company is not liable to pay any compensation, in view of the violations of terms and conditions of the insurance policy. 6. The tribunal considering the evidence of PWs. 1 and 2, coupled with the documents Exs.A1 to A6 held that the accident occurred due to rash and negligent driving of the respondent No. 1, who is the driver of the scooter bearing No. AP 05 Q 9275 and allowed the petition partly awarding compensation of Rs.2,41,453.20 ps. in favour of the petitioners with proportionate costs and subsequent interest at 7.5% p.a. from the date of presentation of the petition. in favour of the petitioners with proportionate costs and subsequent interest at 7.5% p.a. from the date of presentation of the petition. The tribunal had dismissed the claim against the respondent No. Challenging the same, the petitioners/appellants preferred the present appeal. 7. Heard learned counsel for the appellants. 8. There is no representation on behalf of the respondents. 9. Sri N. Siva Reddy, learned counsel for the appellants would submit that the tribunal erred in computing the notional income of the deceased. He submits that the tribunal has failed to award compensation under various heads. 10. It is not in dispute that the deceased died in the accident due to rash and negligent driving of the respondent No. 1-driver. The only point that arises for consideration is whether the appellants are entitled for enhancement of compensation as claimed. 11. The evidence on records reveals that at the time of the accident, the deceased used to work as Clerk in Indian Oil Corporation and used to earn Rs.7,000/- per month apart from doing money lending business and commission business. As the petitioner could not prove the income of the deceased, the tribunal has taken the notional income of the deceased at Rs.60/- per day and for 25 days in a month totaling to Rs.1500/- per month. In fact, the tribunal had committed an error in fixing the notional income of the deceased. As per the decision in Lata Wadhwa and Ors. vs. State of Bihar and Ors. MANU/SC/0456/2001, the notional income of Rs.3000/- per month can be taken into consideration as notional income for a worker/ labourer working in an organized sector. 12. Ex.A3 - Post mortem report reveals that the deceased was 28 years old by the date of accident, and the appropriate multiplier is ‘18’ as per the decision in Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 . 13. On consideration of the facts and circumstances of the case and as per the decision in Lata Wadhwa cited supra, the notional income of the deceased is fixed at Rs.3,000/- per month, which comes to Rs.36,000/- p.a. Since there are four dependents for the deceased, ¼th of the income has to be deducted towards personal expenses of the deceased as per the decision of the Apex Court in Sarla Verma’s case cited supra and the appropriate multiplier is ‘18’. So the total loss of dependency scan be estimated as Rs.4,86,000/- (Rs.27,000/- x 18). 14. As regards the enhancement of compensation under the head of non-pecuniary compensation is concerned, the tribunal awarded Rs.15,000/- under all other heads including loss of consortium. As per the decision of the Apex Court in National Insurance Co. Ltd. vs. Pranay Sethi and others, 2017 (6) ALD 170 (SC) it was held that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs.15,000/- Rs.40,000/- and Rs.15,000/- respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years. 15. Appellant No. 1 being the wife of the deceased is entitled for loss of consortium and the appellant No. 2 being the daughter of the deceased are entitled for compensation love and affection. Therefore, this court is of the considered view that ends of justice would be met if an amount of Rs.70,000/- is granted under non-pecuniary heads (consortium, love and affection, transport charges and funeral expenses). 16. The total compensation awarded under all heads is as follows: S. No. Heads of injury Compensation awarded by tribunal (Rs.) Compensation awarded by this court (Rs.) 1 Compensation 2,16,000.00 4,86,000.00 2 Non-pecuniary compensation 15,000.00 70,000.00 3. Medical bills reimbursement 10,453.00 -- 2,41,453.00 5,56,000.00 17. In the result, the appeal is allowed and the compensation awarded by the tribunal is enhanced from Rs.2,41,453/- to Rs.5,56,000/- with proportionate costs along with interest at 7.5% p.a. from the date of petition till the date of realization. The respondents are directed to deposit the enhanced compensation amount within two months from the date of receipt of the copy of the order. On such deposit, the appellants are permitted to withdraw their respective shares as fixed by the tribunal. No order as to costs. 18. Miscellaneous petitions if any pending, shall stand closed.