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2019 DIGILAW 147 (AP)

Simma Neelam v. B. Chinna Rao

2019-07-24

G.SHYAM PRASAD

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JUDGMENT : G. Shyam Prasad, J. 1. This appeal is directed against the judgment dated 8.11.2005 in MVOP No. 353 of 2001 passed by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Court (FTC), Srikakulam. 2. Appellant No. 1 is the father and appellant No. 2 is the mother of the deceased-Simma Apparao. The said Simma Apparao died in a motor vehicle accident that occurred on 28.4.2001 while he was going along with other Kalasis in a tractor trailer bearing No. AP 30 T 84/85. Respondent No. 1 is the owner of the tractor trailer and respondent No. 2 is the insurer, against whom a claim was made for Rs. 2,00,000/-. 3. The Tribunal, on consideration of the evidence of the witnesses, awarded compensation of Rs. 87,000/- with interest at 7.5% per annum from the date of petition till the date of realization. 4. Aggrieved by the impugned award, this appeal has been filed by the claimants for enhancement of compensation. 5. Heard arguments of the learned Counsel for the appellants and the learned Counsel for respondents. 6. The Tribunal, on consideration of the evidence on record, has clearly held that there was rash and negligent act on the part of the driver of the crime vehicle and fixed the liability on the respondent Nos. 1 and 2 jointly and severally for payment of compensation to the claimants. 7. The only point that arises for consideration in this appeal is: "Whether the compensation awarded by the Tribunal is in accordance with law?" Point: 8. Learned Counsel for the appellants contends that the Tribunal has taken the income of the deceased as Rs. 15,000/- per annum and the deceased was a boy aged about 20 years, notional income of Rs. 3,000/- has to be taken into consideration as he was working as a labourer for loading and unloading of sand in the said tractor traitor. 9. Learned Counsel for the respondents submit that the appellants have failed to prove the income of the deceased, and therefore, the Tribunal has taken notional income of Rs. 15,000/- per annum. 10. The Tribunal, on consideration of rival contentions of both parties, has taken the age of the deceased as 20 years as the deceased was unmarried boy. There is also evidence that he died while working as a labourer for loading and unloading of the sand and going in the tractor trailer. 15,000/- per annum. 10. The Tribunal, on consideration of rival contentions of both parties, has taken the age of the deceased as 20 years as the deceased was unmarried boy. There is also evidence that he died while working as a labourer for loading and unloading of the sand and going in the tractor trailer. Therefore, notional income of Rs. 3,000/- per month can be taken into consideration. If the notional income of the deceased is multiplied with 12', his annual income comes to Rs. 36,000/- per annum. After deducting half of his income towards his personal expenditure, his contribution to the family would be around Rs. 18,000/- per annum. The Tribunal, while calculating the compensation, has applied the multiplier "15", which is not in accordance with the ratio laid down in Sarla Verma and others v. Delhi Transport Corporation and another, 2009 (3) ALD 83 (SC) : (2009) 6 SCC 121 . As per the decision in Sarla Verma's case (supra), the relevant multiplier applicable for the age group of the deceased is 18'. If the notional income of the deceased is multiplied with relevant multiplier 18', the loss of dependency comes to Rs. 18,000/- x 18 = Rs. 3,24,000/-. 11. The Tribunal, on consideration of the material on record, has awarded Rs. 2,000/- towards funeral expenses and Rs. 5,000/- towards loss of love and affection and no amount has been granted for funeral expenses. Therefore, keeping in view the ration laid down in National Insurance Company Limited v. Pranay Sethi and others, 2017 (6) ALD 170 (SC) : AIR 2017 SC 5157 , an amount of Rs. 15,000/- towards funeral expenses, and Rs. 10,000/- towards loss of love and affection and Rs. 15,000/- towards loss of estate is awarded. Therefore, in all, the compensation payable to the appellants under different heads can be detailed as below: 1. Loss of dependency Rs.3,24,000/- 2. Funeral expenses Rs.15,000/- 3. Love and affection Rs.10,000/- 4. Loss of estate Rs.15,000/- Total Rs.3,64,000/- 12. In the result, this appeal is allowed and the compensation awarded by the Tribunal is enhanced to Rs. 3,64,000/- from Rs. 87,000/- with proportionate costs and interest 7.5% per annum from the date of petition till the date of realization. Respondent No. 2 is directed to deposit the amount within a period of Eight (08) weeks from the date of receipt of a copy of this judgment. 3,64,000/- from Rs. 87,000/- with proportionate costs and interest 7.5% per annum from the date of petition till the date of realization. Respondent No. 2 is directed to deposit the amount within a period of Eight (08) weeks from the date of receipt of a copy of this judgment. The amount already deposited by respondent No. 2 shall be given credit to the amount awarded in this appeal. The appellants are directed to pay the Court Fee on the enhanced compensation amount. On such deposit, the appellants are permitted to withdraw the entire amount, as per the ratio fixed in the Award passed by the Tribunal, without furnishing any security. 13. Consequently, miscellaneous applications pending, if any, shall stand closed.