IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH THURSDAY THE TWENTYSEVENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE B. CHANDRA KUMAR MACMA.NO. 1164 OF 2006 Between:
Chennur Kamal Bi & Ors. … Appellants-Claimants V/s.
S.Jamalvalli & Anr. … Respondents/Respondents Counsel for the Appellants : Sri D.Kodanda Rami Reddy Counsel for the Respondents : Sri Srinivasa Rao Utla The court made the following : [common judgment follows] HONOURABLE SRI JUSTICE B. CHANDRA KUMAR MACMA.NO. 1164 OF 2006 JUDGMENT :
Heard both sides.
2. This Civil Miscellaneous Appeal is filed by the claimants seeking enhancement of compensation.
3. The Motor Accidents Claims Tribunal, Kadapa, by award and decree dated 20/1/2006 in MVOP.No. 244 of 2003 awarded total compensation of Rs.2,22,000=00 along with interest @ Rs.7.5% per annum.
4. The parties hereinafter will be referred to as they were arrayed in the Claims Tribunal.
5. Since the quantum alone is in question, there is no need to discuss the other aspects in this appeal.
6. According to the claimants, the deceased was doing business in flowers and earning Rs.4,000/- per month. The Tribunal has taken the income of the deceased at Rs.1,500/- per month. In the circumstances, it appears that there is nothing to disbelieve the version of claimants with regard to income of the deceased. In fact there should be some addition in view of future increase in the income of deceased. So in the circumstances, in come of the deceased can be taken at Rs.3000/- per month and if Rs.1000/- is deducted towards personal expenses, the loss of income comes to Rs.2000/- per month. The total loss of earning comes to Rs.4,32,000/-. The wife of the deceased is entitled to Rs.1,00,000/- towards loss of consortium. The claimants are entitled to Rs.25,000/- towards funeral expenses. In the light of judgment in RAJESH AND ORS. V/s. RAJBIR
[1]
SINGH AND ORS and KALPANARAJ AND ORS. V/s. TAMILNADU STATE TRANSPORTATION LTD
[2]
, the total compensation comes to Rs.6,57,000/- with interest @ 7.5% p.a. Out of the same, the first claimant is entitled to Rs.2,57,000/-, claimants 2 and 3 are entitled to Rs.2,00,000/- each. It is settled law that irrespective of the claim, it is the duty of the Tribunal to award the amount of compensation, which appears to be just and reasonable. The claimants shall pay the deficit court fee. If the claimants fail to pay the deficit court fee, the Tribunal shall deduct the deficit court fee from the amount deposited by the respondents and pay the remaining amount to the claimants. The amount of court-fee shall be apportioned from the share amount of first claimant.
7. Subject to the above observation, this Civil Miscellaneous Appeal is disposed of accordingly.
8 As a sequel, miscellaneous petitions if any pending, in this appeal shall stand closed.
JUSTICE B. CHANDRA KUMAR .
27/11/2014
I s L
HONOURABLE SRI JUSTICE B. CHANDRA KUMAR MACMA NO. 1164 OF 2006 Circulation No. Date: 27/11/2014 Court Master : I s L Computer No. 43
[1] [2013] 9 SCC-54
[2] [2014]- ACJ 1388