RELIANCE GENERAL INSURANCE COMPANY LIMITED v. APPALA SHAKUNTALA AND 4 OTHERS

Court: High Court for State of Telangana

Bench: P.SAM KOSHY,N.TUKARAMJI

Judgment date: 2024-01-08

Case summary

High Court for State of Telangana judgment dated 2024-01-08. RELIANCE GENERAL INSURANCE COMPANY LIMITED v. APPALA SHAKUNTALA AND 4 OTHERS. Read the judgment...

Judgment text

[ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SRI JUSTICE P. SAM KOSHY AND THE HON'BLE SRI JUSTICE N. TUKARAMJI M. A. C. M. A. No: 1655 of 2016 Appeal filed under section 173 of M. V. Act. , aggrieved by the order and decree dated. 25-02-2016 passed in MVOP. No. 760 ol 2011 on the fite of the ilt Additional District Judge-cum-Chairman, Motor Accidents Tribunal, at Karimnagar. Between: Reliance ceneral lnsurance Company Limited, Rep. by its Branch Manager, H. 10, 105, 106 Express Arcade, Netaji Subash Pl, Pitampirra, New Delhi- j 100-34. ... APPELLANT/2nd Respondent AND 1. Appala Shakuntala, W/o. Late Ramulu Rajanna Appala @ Appala Ramulu Age:55 years, Occ: Household lady 2. Appala Shiva Kumar, S/o. Late Ramulu Rajanna Appala @ Appala Ramulu, Age: 23 years, Occ: Student, 3. Appala Rajanna,, S/o. Mallanna, Occ: Nit (Died) 4. Appala Ashamma,, Wo.

Appala Rajanna, Age:79 years, Occ: Household lady Respondents No. 1 to 4 hail from Dharmapuri Vlllage and Mandal of Karimnagar_District, Telangana, But Presently R/o. H. No. 3-7-858, Vavilalapalli Locality of Karimnagar City 505001. ... RESPONDENTS/Petitioners 5. Smt. Veena Dhawan, Wo. K. L. Dhawan, Age: Major, Occ: Owner of Offending Contrainerbearing No. HR-378-5273, Clo. Anishka Logistics, BG 580, Sanjay Gandhi TPT Nagar, Delhi 110042. ... RESPON DENT/lst Respondent . &- ::i5--- -l. A. NO: 1 OF 2016(MACMAMP. NO: 2257 OF 20161 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of operation of the decree and Judgment in MVOP No. 760 of 201 I on the file of the Court of the lll Additional District Judge-Cum-Chairman, Motor Vehicle Accidents Tribunal, at Karimnagar, dated 25th February, 2016, pending disposal of the main CMA. Counsel for the Appellant: Mr. K.

AJAY KUMAR Counsel for the Respondents No. 1,2 & 4: Mr. AVKS PRASAD The Court delivered the following: JUDGMENT rE:. ,. HONOURABLE SRIJUSTICE P. SAM KOSTry AND HONOURABLE SRI JUSTICE N. TUKARAMJI M. A. C. M. No. 1655 0F 2016 UD MENT: (pu Hon'blc Sri Justicc N. Tukaranii) This appeal has been preferred by the respondenr No. 2/insurer dispuung rhe hability and quanrum of compensarlon awardcd in thc decrce and award dated 25. 02. 201,6 in M. V. O. P. No. 760 of 2011, on the file of the Motor Accident Claims'I'ribunal-cum- III Additrr_rnal District Karimnagar. Judge, 2. We have heard Mr. l(. Ajay I(umar, Iearned counsel for thc appellant/responclent No. 2/insurer and Mr. AVI(S prasad, learncd counscl lor the rcspondcnt Nos. 1, 2 and 4/ claim petrdoners. 'fhe 3. respondents 1,2 aod 4/ claim petitioners (rereinafter, 'the peririoncrs') filed claim petrrion sceking compensation o[ Rs. 40 lakhs on account of death o[ Mr. Ramulu Rajanna Appala Ramulu,/deccased @ in a moror accident dated 04.

1,2. 2010. In the claim poirion it has bccn avcrrcd rhar, on 04. 12. 2010 while PSK]&NTU rJn:r 1A 1655 2016 thc deceascd rvts travelling in an R. '['. (]. btrs bcarirls rt qisrrati, 'n No. AP2824509, when rcachccl ncat (lanesh Dhaba, Ycdshi post on N. H. 211 and while the deceased ctossing thc roacl t() attend natural cirlls, a coutaincr lolrv bcaring rcgistr'. rtton No. IlR37R 5273 (hercinafrcr 'the containcr lorrr")drivcn bv rts dtir cr in rash and negligcnt manner came in rvrong sidc and dashecl him and cause cl scr. erc inlurics anc! rv}'rile unclcrgoing trcallnent, hc -l'hc rvrfe, son and of the clcceascil pleacled succumbcd. Parcnts vcars as \listn' in that, the deceascd was aged about 54 and of lts pcr MINT, Covernment of India \\1th carnings -5,33. 858/ thc earnings t() thcir rvclfart: and annum ar-rcl contributed all his untimely clearh had deprivccl thcir dependcrrcl' l'lrereforc 'f hc a ftct' cluc praycd for compcnsation ol lts.

40 la]<hs tribr'rnal wrth intercst at 7 59/0 pcr annum cncluirv awarded Rs. 36,60,000/- rcalizatron' from the date of the petition ril] lor the appcllantTlrt sllonclcnt 4. Learned counsel insurct) rvould contentl that the No. 2/insurer (rcrernafter, 'thc driver of thc containcr lorrv l-racl no va[c] and c ffccur-c licencc at w J PsK. )&NTRI MACHA 1655_20r5 relevant dme and it is clear violation of policy condirion, hence the insurer should have been cxonerated. Further contended that though the Chiel Manager/pW 2 had caregorically deposed that thc gross salary o[ thc deceased was Rs. 2'1,322/ n the month of Deccmber, 2010, However, the tribunal crroncously taken the rncomc at Rs. 4,82,000 . Ihar / , after deductrons. apart, excesstvc amounts were awarded undcr thc conventional heads. Hencc prayed lor intervcnti, rn. 5.

I-carned counsel lor thc petrtioncrs would submit that the respondents did not place any cvidence to prove the contention as to thc driving hcence of the driver of the container lorry. Further the pcutioncrs had placcd the tax receipt of income tax departmeor/Ex. A-9 and pW-3 had placed the pay slips of the deceased/Exs:X-1 and X 2 and also admitted rhe genuiniry of the Form 16. Thus asscssmenr of income by the tribunal was appropriate. However the fufure prospects were not taken into 'I'hus account. prayed for awarding just compcnsation. t: I P5ru&NTR] u. l:r. 1A 1655 2016 6. \7c have pcrr,rscd the matcrtals on rccorcl and tllc plcrdings of learned counsel arc given duc consideration 'l'hc thc contairrcr lorry, 1. datc of accidcnt, involvement of oI thc deceasct] arc not irr tlispute the death, agc atrd r)ccuPatton 8. Tl'rc contention of the insltter is that the drivt r of the container lorfi' r', as not holding 't'ahd drivinu licencc ar-rd it is '['r I leecl polcv violauon.

I substantiatc the ir. lsttrcr cxen'rlrrctl 2 ancl placcd tlrc drir-rng Clerk ol l{oad Trar. rsport Authoritv/R\\r lccnce/ l'lx. Il-3. 'fhc entries ir-r thc clrivinu Lccnce/[]'x l] 3 at-c sh"rvrng thc 9. licence to drtvc thc categorl oI the vchiclc invoh't:cl in thc \r'll1xncc to accidcnt. Florvevcr it appears thc fathcr's nrttnc is 'It irr thc lix X 3 brought rn bt' thc that of thc namc rncntioned R\il 2. In cross cxamination thc RW 2 adrnittcd that t'xcept for thc fathcr's name other particulars are tallving. Pcrurre rltll', the other particulars tncludcs rhc photograph of the dliYcr' t\s the photographs in thc Iix. R 2 & I'lx. X-3 arc lnatchtng, s'c iriund tht: \ \ f-' PSK]&T'IIRI I. 4ACllA r655_2016 conclusion of the tribunal as to thc validating the driving Licence of the driver is found proper. In effect, we affirm the tirbunal,s view on this aspect 10.

In regard to agc o[ the dcceased, ir is plcaded that the deceased was aged about 54 years by the darc o[ the accident Further the Chief Managcr of the MIN'| /pW 2 deposed thar as pcr the record the deceascd's date oIbrrrh was 24. 0g. 1956. I. his evidcnce is clinchrng that the relevant age of the deccased was 54 ycafs 11. The Chief Managcr ot MIN'f/pW-2 dcposcd rhar the deceased was ()n the pcrmancnt rolls <_rf thcir organizatron and Form 16/Ex. A-9 was issucd by their offrce which was submitted to the income tax departmcnt. He clariFred that the deceased was drawing gross salary of Rs. 21. ,322/- and he was endtled for other emoluments though the same u/as not reflccted in monthly salary slips. Thc income tax rerurn of the relevant year has also bccn placcd on record. The rncome tax rcturn being statutorv , document, the enries thcrein I can be relied to ascertain the w Ps! a\ rqr 6 iif, -',I r]lat]A t555 2016 irrcorne of thc dcccased.

l'hcrefore, wc ,rre oI rhc constclerccl opirrion that by rclying on thc tncome tax return/lir. r\-9, thc annual incornc zrftcr thc rix dcductiorrs can bc taken at ns. 4,81,684/ 1,2. ,\s pcr thc cLrectivcs of thc Constitlrtional lJcrrclr o[ thc llon'blc Sulrrcrne Court in Natiana/ In. rurance Contptt;1' Ltd. t5. Pranal' 5'elbi atu/ atherst for the agc ancl rcgnlar rr:1ture of occupatron ol- t[rc' deceasecl, 150. ,"0 of incomc shnll irc adclecl 'l'l-rus trxvards luturc prospccts. thc annual irrcott re oI the (. ountrng clcceased rvotrlcl be at Rs. -i,53,936/ . thc clt pcnclcncv rrf the pctiti()r)ers, f 1/3"t of incotnc is deductccl torvards pr:rsonal living cxpcnscs, thc contribution of thc dcccascd to thc family woulcl bc of Rs. 3,69,290/-. Thrs muldp),rcancl if'rnultiplicd rvith the relcr,ant muluphcr apphcable to the age of th< cleceasecl AS prescribcci 111 Sarla l,'enna and olhers u. Delh Transpafi Corporalion untl anothef i. c.

11, thc sum u'oultl c()me to 'j (r0rr) l6 scc 860 't(lr)g ACJ I298 I \ f -7 P5K]&NTR' tlACMA_I655,2016 Rs. 40,62,190 / . The petitioners are entitlcd to rhis amount for loss of dependency 13. In addirion, AS per the authoriues of National Insarance Conpanl Ltd. w. Pranal Sethi and othersr, Magma General Insurance CznPary Limited u. Nanu R"* Chubra Ram and otherl @ and [Jnited India lnrurance Cornpanl Ltd. u. Satinder Kaur Satwinder Ktur and @ otherss the peuuoners are cntided for spousal, parental and hlial consortium respectively at Rs. 48,400/- each and also Rs. 36,300/-towards loss of estate and luneral expenses. T'hus, in all the petrtroners are enritied for compensation of Rs. 42,43,690 / - (R. upees forty rwo lakhs forry three rhousand six hundred and 'fhe nrncry only).

rate of interesr and the rado of apportionment among the petitioners shall remain as per rhe impugned order The respondcnts arc directed to deposit the compensation amount within four weeks from the date of receipt of a copy of this order I '(20r7) l6 scc 860 i (2018) 18 SCC 130 5 2021(11) SCC 780 PSKI&N I fu 'lr,i. . r016 B f rr Irl55 in \t \'( ) P. No' tl. r c Arvarcl cletccl 25 02. 201(r 11. . '\ccorclinglv, -t ribunal- N'{otor Accidents Claim-s 1 on the FLIc o[ tl. rc 760 oi 201 t. rodilted' I(arimnagar stant'ls Disuict Judgc' cum-IIL\clclitionai wrthout costs is chsmissed ln thc rcstrlt, thc appcal i 5 i[ lnr'' stands a secprcl, pending mtsccllaneous Pctit()ns As closed IS IL Sd/- MOHD. REGI ASSISTANT I/TRUE COPY/I OFFICER SECTION Tribunal' To Motor Accidents 1 The lll Additional District Judge-cum-Chairman' '[i"-[Bxsl 2 i$,*x1li;353fl :. fti }j',mi fi J 4 Two CD CoPies kam/pr ; l ; i I i : i I I I HIGH COURT DATED: 0810112024 Ti. c ( A ( t'!? t l{rl il) $ 1 ,.

'l'':t"r, JUDGMENT+DECREE '\. r. :l , 7 MACMA. No. 1655 ot 2016 THE APPEAL IS DISMISSED c'+{ 337e [ I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENW FOUR PRESENT THE HON'BLE SRI JUSTICE P. SAM KOSHY AND THE HON'BLE SRI JUSTICE N. TUKARAMJI M. A. C. M. A. N o: 1655 of 2016 Between: Reliance General lnsurance Company Limited, Rep. by its Branch Manager, H. 10, 105, 106 Express Arcade, Netaji Subash Pl, Pitampura, New Dethi-1100'34. ... APPELLANT/2nd Respondent AND 1. Appala Shakuntala, Wo. Late Ramulu Rajanna Appala @ Appala Ramulu Age:55 years, Occ: Household lady 2. Appala Shiva Kumar, S/o. Late Ramulu Rajanna Appala Appala @ Ramulu, Age: 23 years, Occ: Student, 3. Appala Rajanna,, S/o. Mallanna, Occ: Nil (Died) 4. Appala Ashamma,, W/o. Appala Rajanna, Age:79 years, Occ: Household lady Respondents No. 1to 4 hail from Dharmapuri Village and Mandal of Karimnagar District, Telangana, But Presently PJo. H. No.

3-7-858, Vavilalapalli LocalityofKarimnagarCity50500l. ... RESPONDENTS/Petitioners 5. Smt. Veena Dhawan, Wo. K. L. Dhawan, Age: Major, Occ: Owner of Offending Contrainer bearing No. HR-378-5273, Clo. Anishka Logistics, BG 580, Sanjay Gandhi TPT Nagar, Delhi 110042. ... RESPONDENT/1't Respondent Appeal filed under section 173 of M. V. Act. , aggrieved the order and . by decree dated. 25-02-2016 passed in MVOP. No. 760 of 2011 on the file of the lll Additional District Judge-cum-Chairman, Motor Accidents Tribunal, 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 Mr. K. AJAY KUMAR, Advocate for the appellant and Mr. AVKS PRASAD, Advocate for the Respondent Nos. 1,2 & 4. This Court doth Order and Decree as follows: 1. That the Appeal be and hereby is dismissed without costs, 2. That the Award dated 05-02-2016 in M. V. O. p. No.

760 of 201. 1 on the fite of the Motor Accidents Claims Tribunal-cum-lll Additional District Judge, Karimnagar be and hereby is modified; 3. That there shall be no order as to costs in this appeal. Sd/. MOHD. ISM ASSISTANT REGIS R //TRUE COPY// SECTION OFFICER To, 1. The lll Additional District Judge-cum-Chairman, Motor Accidents Tribunal, at Karimnagar. 2. Two CD Copies o f HIGH COURT DATED: 0810112024 DECREE MAGMA. No. 1655 of 2016 THE APPEAL IS DISMISSED Bt,. t\rT

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