IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY THE FIRST DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE B. CHANDRA KUMAR MACMA.NO. 2408 OF 2006.
Between:
Gandham Anjamma & Ors. … Appellants/claimants V/s.
P.Sambasiva Rao & Anr. … Respondents/Respondents Counsel for the Appellants : Sri Kiran Palakurthi Counsel for the Respondents : Sri Srinivasa Rao Utla The court made the following : [judgment follows] HONOURABLE SRI JUSTICE B. CHANDRA KUMAR MACMA.NO. 2408 OF 2006 JUDGMENT :
This appeal is filed by the claimants seeking enhancement of compensation. This Civil Miscellaneous Appeal is filed against the award and decree dated 03/7/2006 passed in OP.No. 156 of 2005 by the Motor Accidents Claims Tribunal [II-Additional District Judge] Nalgonda, awarding compensation of Rs.1,15,000/- with interest @ 9% p.a. from the date of petition till its realization.
2. Since the quantum alone is questioned, there is no need to go into other aspects of the case.
3. The case of the claimants is that the deceased was aged about 58 years and he was working as watchman in a Rice Mill and earning Rs.4,000/- per month. The claimants have filed Ex.A-9 salary certificate. They have also examined PW-3, Proprietor of Durga Traders in support of their contention. We have the evidence of PW-1, wife of the deceased and PW-3 which is corroborated with the contents of Ex.A-9.
4. Having regard to the age of the deceased and other circumstances, it appears that there is nothing to disbelieve that the deceased was earning Rs.4000/- per month. So in the circumstances, the income of the deceased can be taken as Rs.4000/-. If 1/3 is deducted Rs.3,000/- will be the contribution to the family. The annual loss of dependency comes to Rs.36,000/- and the appropriate multiplier can be taken as 9. The total loss of dependency comes to Rs.3,24,000/- [36,000 x 9]. The wife of the deceased is entitled to Rs.1,00,000/- towards loss of consortium. The claimants are also entitled to Rs.1,00,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. Thus, the total amount of compensation comes to Rs.5,49,000/-. Out of the said amount, the first claimant is entitled to Rs.2,49,000/- , claimants 2 and 3 are entitled to Rs.1,50,000/- each. The Claims Tribunal awarded interest @ 9% p.a. there is no need to disturb the rate of interest.
5. Sri Srinivasa Rao Utla, the learned standing counsel for the Insurance Company submits that the claimants claimed only Rs.3,00,000/- and the compensation cannot be enhanced. In view of the decision of the Apex Court in RAJESH AND OTHERS V/s. RAJBIR SINGH AND ORS
[1]
., now it is settled law that irrespective of the claim made by the claimants, the courts can award just and reasonable compensation. So in view of the above, the claimants are awarded total compensation of Rs.5,49,000/-. The 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 from the share amount of the first claimant and pay the remaining amount 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. 2408 OF 2006 Circulation No. Date: 04/12/2014 Court Master : I s L Computer No. 43
[1] ) [2013] 9 SCC-54