IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH THURSDAY THE FOURTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE B. CHANDRA KUMAR MACMA.NO. 2763 OF 2005.
Between:
Devaravula Reddaiah @ Pedda Reddaiah & Ors. … Appellants/Claimants V/s.
S.Nadar Valli & Anr. … Respondents/Respondents Counsel for the Appellants : Sri Kodanda Rami Reddy Counsel for the Respondents : Sri Y.Kishore Babu Ms. Aruna Yalagiri
R-1 dismissed for default vide CO dt.3/1/12,
R-2 served The court made the following : [judgment follows] HONOURABLE SRI JUSTICE B. CHANDRA KUMAR MACMA.NO. 2763 OF 2005 JUDGMENT :
This Civil Miscellaneous Appeal has been filed by the claimants seeking enhancement of compensation.
2. The Claims Tribunal by it award and decree dated 29/10/2004 passed in MVOP.No. 726 of 2002 awarded compensation of Rs.79,000/- with 9% interest per annum from the date of petition till the date of realization.
3. Since the quantum alone is in question, there is no need to refer other aspects of this case.
4. Admittedly, the deceased girl was the daughter of claimants.
She was aged about 11 years and studying VI class at the time of accident. According to the claimants, she was a brilliant girl. The [1] Hon’ble Apex Court in LATA WADHWA V/s. STATE OF BIHAR and KISHAN GOPAL V/s. LALA
[2]
, has considered the the cases involving death of children. The Apex Court observed that contribution of children may be estimated at Rs.24,000/- per annum. So in the circumstances, the notional income of the deceased is taken as Rs.30000/- and the appropriate multiplier is 15. Out of the said notional amount, if 50% is deducted towards personal expenses, the loss of earning comes to Rs.15,000/- per annum. The total loss of dependency comes to Rs.2,25,000/- = [Rs.15,000 x 15]. The appellants/claimants are also entitled to Rs.50,000/- towards conventional charges. Thus, the total compensation comes to Rs.2,75,000/-. The claimants share the amount equally. The appellants/claimants have to pay deficit court fee. Even other wise, the Claims Tribunal shall deduct the amount required for the purpose of paying court fee from the amount deposited by the Insurance Company and pay the remaining amount equally to the claimants.
5. This Civil Miscellaneous Appeal is allowed accordingly. No costs.
6. As a sequel, miscellaneous petitions if any pending, in this civil miscellaneous appeal shall stand closed.
JUSTICE B. CHANDRA KUMAR .
04/12/2014
I s L
HONOURABLE SRI JUSTICE B. CHANDRA KUMAR MACMA.NO. 2763 OF 2005 Circulation No.93 Date: 04/12/2014 Court Master : I s L Computer No. 43
[1] ) [2013 Law Suit {SC} 751]
[2] ) [2001] 8 SCC-197