THE HON’BLE MR JUSTICE V.SURI APPA RAO MACMA NO. 344 OF 2008 DATED: 22.01.2014 Between:
The National Insurance Company Limited And Smt Khaja Begum and others .. Appellant/R2 .. Respondents THE HON’BLE MR JUSTICE V. SURI APPA RAO MACMA NO. 344 OF 2008
JUDGMENT:
This appeal is directed against the Award dated 04.03.2006 passed by the XIV Additional Chief Judge, City Civil Court, (FTC) Hyderabad (for short ‘the Tribunal’), in O.P.No.655 of 2004, whereby the Tribunal awarded compensation of Rs.3,89,000/- as against claim of Rs.5,00,000/- on account of the death of the deceased Mohd.Gaffar in a motor vehicle accident that occurred on 30.01.2004.
2. For the sake of convenience, the parties herein are referred to as arrayed in the Court below.
3. Aggrieved by the quantum of Award passed by the Tribunal, the insurer of the offending vehicle involved in the accident filed this appeal on the ground that the Award passed by the Tribunal is exorbitant and that the II Schedule of the Motor Vehicles Act is not applicable in the present case.
4. There is no dispute with regard to the manner of accident and involvement of the vehicle belonging to the first respondent and insured with the second respondent/ insurance company. It is further contended that there is no negligence on the part of the driver of the vehicle.
5. According to the claimants, the deceased was aged 32 years as on the date of accident and he was working as Supervisor in Raghavendra Traders and earning Rs.4,500/- per month. The Tribunal, having taken the income of the deceased only at Rs.3,000/- per month and after deducting 1/3rd towards his personal expenses, assessed the loss of dependency at Rs.2,000/- per month and Rs.24,000/- per annum, and applying II Schedule attached to the Act by applying multiplier ‘16’, assessed the loss of dependency at Rs.3,84,000/-. The Tribunal further awarded a sum of Rs.2,000/- i.e., expenses towards transportation to hospital, Rs.1,000/- towards damage to clothing and articles and Rs.2,000/- towards funeral expenses. Though the claimants contends that the deceased was working as Supervisor and earning Rs.4,500/-, the Tribunal has taken the income at Rs.3,000/- only as the claimants failed to prove the income of the deceased, which is just and proper. Though the insurer contended that the accident did not occur due to the negligence of the driver of the vehicle, the contents of Ex.A.1-FIR show that the accident took place due to the negligence of the driver of the vehicle. On this aspect, the insurer failed to produce any evidence. The Tribunal after considering all factors awarded just and reasonable amount, applying proper multiplier as per decision of the Apex Court in SARALA VARMA AND OTHERS v DELHI TRANSPORT [1] CORPORATION AND ANOTHER . Therefore, I do not see any grounds to interfere with the Award passed by the Tribunal.
6. In the Award, at para 13, the Tribunal permitted the claimants to withdraw Rs.25,000/- each and the remaining amount be invested in a bank of their choice for a period of 10 years. Learned counsel for the claimants submitted that the claimants are the wife and mother of the deceased and they lost the earning member of the family and there is no other source of income for their livelihood, therefore, the period of 10 years may be reduced. Though the Tribunal has directed the respondents to deposit the remaining amount for a period of 10 years, the claimants are at liberty to file an application before the Tribunal for their maintenance.
On such application of the claimants, the Tribunal shall consider the same and permit the claimants to withdraw the entire amounts even before expiry of 10 years.
7. Accordingly, the appeal is dismissed. There shall be no order as to costs.
8. Miscellaneous petitions, if any, pending in this appeal shall stands closed.
Date: 22.01.2014 V.SURI APPA RAO, J kvrm THE HON’BLE MR JUSTICE V. SURI APPA RAO
MACMA NO. 344 OF 2008
DATE: 22.01.2014
[1] 2009ACJ 1298