THE HON’BLE SRI JUSTICE V.SURI APPA RAO M.A.C.M.A. No.179 OF 2007 Dated 24th January, 2014 Between:
Sk.Khadarunni & others .. Appellants-claimants and APSRTC .. Respondent THE HON’BLE SRI JUSTICE V. SURI APPA RAO M.A.C.M.A. No.179 OF 2007 JUDGMENT:
This appeal is directed against the order and decree dated 16.03.2005 passed in M.V.O.P.No.640 of 2000 by the Chairman, Motor Vehicles Accidents Claims Tribunal-cum-
II Additional District Judge, Nellore, (for short ‘the Tribunal’) whereby the Tribunal awarded a compensation of Rs.2,03,000/- as against the claim of Rs.3,50,000/- on account of death of one Sk.Hussain, who died in a motor vehicle accident occurred on 19.02.2000.
Feeling aggrieved by the quantum of compensation awarded by the Tribunal, the legal representatives of the deceased filed this appeal seeking enhancement of compensation on the ground that the Tribunal has taken the income of the deceased contrary to the evidence adduced by the claimants and has taken the same only at Rs.15,000/- per annum and after applying the multiplier of ‘17’ the Tribunal has awarded Rs.1,70,000/- towards loss of dependency which is inadequate when compared to the age and income of the deceased.
In claim petition filed by the appellants, it has been mentioned that the deceased was working in Market Committee, Vakadu, and getting Rs.900/- per month and he was also working as driver of auto in the evening hours and thereby getting Rs.100/- per day. In support of their contention, the claimants filed Ex.A.5 driving license of the deceased.
Deceased, who was aged 28 years, hale and healthy and died in a motor accident in the year 2005 , would be able to earn atleast Rs.100/- per day and thereby Rs.36,000/- per annum. But the Tribunal has taken the income of the deceased only at Rs.15,000/- per year contrary to the age and occupation of the deceased. Therefore, it is just and reasonable to fix the earnings of the deceased at Rs.3000/- per month and after deducting 1/3rd therein towards personal expenses, loss of dependency comes to Rs.2,000/- per month. On application of appropriate multiplier of ‘17’, loss of dependency would be at Rs.4,08,000/-. That apart, appellants are entitled for Rs.15,000/- towards loss of consortium, Rs.15,000/- towards loss of love and affection and Rs.15,000/- towards funeral expenses. Thus, in all the appellants are entitled for Rs.4,53,000/- towards just compensation as against Rs.2,03,000/- awarded by the Tribunal.
Accordingly, the appeal is allowed enhancing the compensation awarded by the Tribunal from Rs.2,03,000/- to Rs.4,53,000/-. Since the claim of the appellants before the Tribunal is only for Rs.3,50,000/-, appellants are directed pay the deficit Court Fee within a period of one month from today. The respondent is directed to deposit the enhanced compensation of Rs.2,50,000/- along with interest @ 6% per annum before the Tribunal within a period of three months from today, upon which, the appellants can withdraw the same as per the apportionment made by the Tribunal.
There shall be no order as to costs.
Miscellaneous petition pending in this appeal, if any, shall stand closed.
V.SURI APPA RAO, J
Dated 24th January, 2014
SUR