THOUT REDDY , TAVITY ARAVIND REDDY AND ANOTHER v. INDRAJIT PATEL AND 2 OTHERS
Court: High Court for State of Telangana
Bench: K.SURENDER
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-21. THOUT REDDY , TAVITY ARAVIND REDDY AND ANOTHER v. INDRAJIT PATEL AND 2 OTHERS. Read the...
Judgment text
]N THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENry FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. SURENDER MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1555 0F 2007 Appeal filed under Section 173 of Motor Vehicles Act Aggrieved by the order and decree dated 26-03-200z passed in o. p. No. 456 of 2005 on the fite the of the Motor Accident claims Tribunal -cum- District Judge at Karimnagar. Betweenl 1. Thout n9U! y @ Tavity Aravin_d S/o tate Venkat fleddy, Reddy, '' R/o - Habsiguda, Hyderabad. Now Rl/o 2-10-1142 Jyothinagar, farimnagii-'' 2. Thout Reddy @ Taviti Susheela Devi, Wo Late Anantha Ram Reddv. Occ: House hotd, Rt/o Habsiguda, Hyderabad. jfith'fi"g;;; Now R:/o 2_10_,ti42 Karimnagar ... Appellants AND 1 lndrajit S{9 Buddlsen patel, Occ: lgte_|, Lorry Driver, NO. Mp 17 C. 0393, R/o Janajuri Patka, Nagpur District. Maharashtra'State. 2. Smt. Vimala Devit Sip! , Lal Hari Bahadur Singh, Occ: Owner {/o of the Ng..
MP 0593 R/o Dando Viilage, post ! 9r1y _C Kheitrit rnuro. AiianiO-lJ District, Uttar Pradesh 3. The oriental lnsurance company Limited,, Rep. by its Branch Manaoer. - Hoter Maharaja Comptex, NH 7, Rbwa, Madhyi prdaesh Stat"- (Respondent No. 1 is not necessary party to this appeal) (R2 dismissed for default vide court order dated 3-7-2016) ... Respondents Counsel for the Appellant: Sri prabhakar Sampath Reddy Counsel for the Respondent No. 3: Sri Ravi Shankar Jandhyala The Court delivered the following: JUDGMENT THE HONOURABLE SRI JUSTICE K. SURENDER M. A. C. M. A. No. 1555 of 2OO7 JUDGMENT: Aggrieved by the award dated 26. 03. 2007 in O. P. No. 456 of 20O5 passed by the learned V Additional District Judge-cum-the Chairman, Motor Vehicle Accidents Claims Tribunal, Karimnagar, the appellants have filed this appeal for enhancement of the compensation amount. 2.
Heard Sri Sampath Prabhakar Reddy, learned counsel for the appellants and Sri Ravi Shankar Jandhyala, Iearned counsel appearing for respondents and perused the entire material on record. The appellants before the Tribunal are the son and mother of the deceased. According to them, on 26. 12. 2004, while the deceased and his wife were travelling on motor cycle from Hyderabad to Valigonda, when they reached the outskirts of Mandapuram Village, a lorry carne from Valigonda towards Bhonagir in opposite, which was driven by respondent No. I in rash and negligent rnanner and hit the motor cycle and both of them died on the spot KS,I MACMA_1555_2007 4. The tribunal considered the incomr: of the deceased as Rs. 6,0OO/-, when it was stated that he use<l to get consolidated pay of Rs. 8,50O/-. The tribunal had considered the reduction of Rs. 2,SOO/- torvards PF and insurance. Further multiplier 4 was adopted though as per the jucigment of the Apex Court in " Sarla Venna us. Delhi Transport.
Corporationr," multiplier l1 has to be adopted for age from 5l to 55 yt:ars. 5. Though the salary certificate u,as prc,duced, the tribunal had erred in considering the salar_\' of the deceased as Rs. 6,OOO/-, when it was specific case of the appellants that deceased \vas earning Rs. 8,500/-. Hou,ever, taking into consideration that there would be deductions, this Court deems it appropriate to consider rhe income of the deceased as Rs. 7,OOO/- per month and as the age of th,: decezrsed was 54 years, appropriate multiplier r. r,ould be I 1. Thus, Ioss of dependency comes to Rs. 9. 2a,0O0/- (Rs. 7,000 /-xl2xll multiplier) . As the dependants are rwo menrbers, I / 3ra of the income sha-ll be deducted towards personal expenditure of the deceased. Thus, the annual contribution of the deceased to the petitioners would be of Rs. 6, 16,0O0/ - (Rs. 9,2a,000-Rs.
3,08,OOO) \2ooe)6 scc 121 KS, MACMA_I555-2007' 1S granted ar amount of Rs'2'oOO/-and the tribunal has accordingly, the claimants granted towards funeral expenses, amount of Rs'6' 18'OOO/-are granted total compensation (Rs. 6, 16,OOO+ Rs. 2,OOO) is allowed enhalcing the 6. In the result, the M. A'C. M'A granted by the Tribunal from compensation amount Rs. 1,94,000/- to Rs. 6,18,000/-(Rupees Six Lakhs Eighteen Thousand only) with interest at the rate of 7'5 percent per annum from the date of petition till the date of realization to be payable by the respondents Nos'2 and 3 jointly and severally within a period of one(l) month from the date of receipt of a copy ol this order. On such deposit of the amount' the claimants are entitled to withdraw the same' Pending miscellaneous petitions, if any, shall stand closed. No order as to costs DY Sd,- P. PADMANABHA ASSISTANT REGI RAR /,TRUE COPY/' SECTION OFFICER To, at Tribunal District Judge Karimnagar 1.
The Motor Accident Claims -cum- (with records, if anY) 2. One CC to Sri Sampath Prabhakar Reddy' Advocate [OPUC] 3. One CC to Sri. Ravi Shankar Jandhyala' Advocate IOPUCI 4. Two CD CoPies cHtz- PSR DATED: 2110212024 f;EGA )r6: 6 t 'a lo Hfrt ',|) [ 4 m2s . ^/ i;: \:- . -: JUDGMENT MACMA. No. 1555 ot 2007 ALLOWING THE MACMA [DO*-t"to IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. SURENDER MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: I 555 0F 2007 Between: 1. Thout Reddy Tavity Aravind Reddy, @ S/o late Venkat Reddy, R/o Habsiguda, Hyderabad. Now R/o 2-10-1142 Jyothinagar, Karimnagar 2. Thout Reddy Taviti Susheela @ Devi, Wo Late Anantha Ram Reddy, Occ: House hold, Rr/o Habsiguda, Hyderabad. Now R/o 2-10-1142 Jyothinagar, Karimnagar ... Appellants AND 1. lndrajit Patel, S/o Buddasen Patel, Occ: Lorry Driver, NO. MP 17 C. 0393, R/o Janajuri Patka, Nagpur District.
Maharashtra State. 2. Smt. Vimala Devil Singh, Wo Lal Hari BahadurSingh, Occ: Ownerof the Lorry No. MP C 0593 R/o Dando Village, Post Kherhat Khurd, Allahabad District, Uttar Pradesh 3. The Oriental lnsurance Company Lirnited,, Rep. by its Branch Manager, Hotel Maharaja Complex, NH 7, Rewa , Madhya Pradesh State. (Respondent No. 1 is not necessary party to this appeal) (R2 dismissed for default vide court order dated 3-7-2016) ... Respondents Appeal filed under Section 173 of Motor Vehicles Act Aggrieved by the order and decree dated 26-03-2007 passed in O. P. No. 456 of 2005 on the file the of the Motor Accident Claims Tribunal --cum- District Judge at Karimnagar. ORDER: This Appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri Sampath Prabhakar Reddy, Advocate for the Appellant and of Sri Ravi Shankar Jandhyala, Advocate for the Respondent No.
3 This Court doth Order and Decree as follows: 1 . That the Motor Accident civir Misceilaneous Appear be and hereby is ailowed enhancing the compensation amount granted by the Tribunal from Rs. 1 to Rs. 6,1 8,000/- (Rupees '94'000r six Lakhs Eighteen Thousand onry) with interest at the rate of 7. 50/o percent per annum from the date of petition ti the date of rearization to be payabre by the Respondents No 2 and 3 joinfly and severaily within a period of one(1) month from the date of receipt of a copy of this order; 2. That on such deposit of the amount, the craimants be and hereby are entifled to withdraw the same; 3' That save as aforesaid, the decree ofthe Lower court shafl stands confirmed in all other aspects; and 4. That there shall be no order as to costs in this appeal. Sd/- P. PAOMANABHA RE Y ASSISTANT REGIS R //TRUE COPY// SECTION OFFICER To, 1. The Motor Accident craims Tribunar -cum- District Judge at Karimnagar (with records, if any) 2.
fwo CD Copies rsn;$F DATED: 2110212024 DECREE MACMA. No. 1555 ot 20OT ALLOWING THE MACMA (Etredd? ,
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