O/ per month as per citation reported in Ra machandrappa v. Manage

Petition under section 151 cpc praying that in thr: c;ircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim stay granted on 30/03/2009 in MACMI,.lvlp.trto. tzi a of 2009 in MACMA(SR).No 1't007 of 2009 Counsel for the Appettant: SMT. KATTA SRAVYA Counsel for the Respondents: SRI KIRAN REDDY MALL,,\RAPU MOTOR ACCIDENT CIVI L MISC ELLANEOUS APPEAL NO : 3136 OF 2008 Appeal filed under Sec.173 of Motor Vehicle Act, 1r)gg aggrieved by the award dated 2510212008 passed in op No.35/200s in the r;ourt of the chairm"n, Motor Vehicle Accidents claims Tribunal cum principal Dislrir:t Judge, Nalgonda. Between:

1. DHEERAVATH SA|DAMMA, Wo. Late Saida Naik Hc .rsehotd R/o. Nunavath Ilqla:, H/o Keshavapuram Viilage of Damercherla frlanaif, fvJigond-, District. 2. Dheeravath Balakarishna, s/o. Late saida Naik srurlent Ryo. Nunavath Ifqldg H/o Keshavapuram Village of Damercherla ManOat, ti;ig;il; District. 3. Dheeravath Bharathi. D/o. Late Saida Naik Appellant 3 ceino Minor. reo bv her mother and Naturar Guardian, oheerava'th sai:rarnmal rst-Aoo6rrani herein. R/o. Nunavath Thanda, H/o. Keshavapuram \ril ,ge bt Dar;fthuii, Mandal. 4 Dheeravath Aidva, D/o. Late s.ida Naik Apqeflant 4 br:rr:g Minor, rep. by her mother and Naturar Guardian, Dheeravatti saidammer rlt npptittarit ntirern R/o. Nunavath'fhanda, H/o. Keshavapuram Village of l:rarnerchErli nfi"J.L 5. Dheeravalh Bodiya, S/o. Rajya R/o Nunavath Thand;r H/o. Keshavapuram Village of Damercherla Mandal, Nalgonda District.

6. qheeravath Kamlr, W/o. Bodiya R/o. Nunavath Thandir H/o. Keshavapuram Village of Damercherla Mandal, Nalgonda District. AND ...APPELLANT(S)

1. K.V. NARASIMHULU, S/o. Bala Narsimhulu Owner of Lorry Bearing No. AHJ !967 R/o H.No.38/1359, Noonepafli Vitlage, Nandyala Mandal, Kuinoot Oistrict. 2 The National lnsurance Company Limited, rep. by its, Divisional Manager, Divisional Office, Babukhan Estate, Basheerbagh, Hyderabad. ...RESPONDENTS Counsel for the Appellants: SRI KIRAN REDDY MALLARAPU Counsel for the Respondents: SMT. KATTA SRAVYA The Court delivered the following: JUDGMENT 1 I I I ! I I I ; ir), THE HONOURABLE SMT. JUSTICE P.STiIEI SUDHA M.A.C.M.A.Nos. 3892 of 2O11 & 313( ; of 2OO8 COMMON JUDGMENT: These appeals are Iiled against the (.)rder dated

25.O2.2OO8 in O.P.No.35 of 2OO5 passed l>1 the Motor Accident Clarms Tribunal at Nalgonda

2. The petition uide O.P.No.35 of 2O05 wrrs hled by the claimants r:laiming compensation of Rs.8,0O Ot)O/- for the death of thc deceased Dheeravath Saida Naik. who died in the motor a<:cident occurred on 05.01.2OO5. 'lhr: trial Court after considering the oral and documentar, evidence on record, granted compensation of Rs.2,01,5O0,i. along w'th interest ru l .5o,4t per annum from the date :rf petition till realization. Aggrieved b_v the said Order, thr:y preferred M.A.C.M.A. No.3136 of 2008.

3. Thc Insurarce Company has also M.A.C.M.n. No.3892 of 2O11 against the sr,-n:,e Order in O.P.No.35 of 2005 and disputed the (luantum of compensation au'arded bv the trial Court and r(]quested t}Ie Court to set aside the Order of the trial Court. i I I ,\

4. Heard arguments of both sides and perused the entire evidence on record.

5. Parties herein are referred as petitioners and respondents as arrayed before the trial Court for the sake of convenlence.

6. The brief facts of the case are that on 05.01.2O05, the deceased was travelling in his tractor transporting ttre sand from his village to Damercherla village and at about 06.00 P.M, a lorry bearing No.AHJ-5967 carnc in a rash and negligent matter dashed the tractor and as a resr.rlt, the tractor turned turtle and the deceased sustained injuries and on the way to hospital he succumbed to the injuries.

7. As the present appeals are preferred only against the quantum of compensation granted by the trial Court, the issue regarding rash and negligence of the rider of the crime vehicle need not be gone into.

8. P.Ws. I to 3 were examined and got marked Exs.Al to A8 on behalf of clarmants. R.Ws. 1 and 2 were examined and got marked Exs.B1 to 84 on behalf of the respondents. i 3 g. The deceased was aged 35 years 6116i rvos earnmg Rs. 10,000/ - per month by doing contract u rr ks and also supplying contract materials' They have e;':amined eye witness an<l filed no document for proof r; I his income' Therefore, this Court hnds it reasonable to tal:r: his salary as Rs.4,50O/ - per month as per citation reported in Ra machandrappa Vs Manage4 Rogal Sun<i'ztanrt Alllance Insurance ComPang Limlted'.

10. As per the guidelines of the Hon'ble Apex '''ourt in dictum of Sarta Venna Vs. Delhi TrdnsPort Corporatlon,2 if the deceased was married, I /4ttr of his income has; t'r be deducted as there are 6 dependants Thus, the annua lncome of the deceased aftcr deducting personal eXperrst s comes to Rs.4O,5OO/ per annum and the Hon'ble Apr::< Court in the dictum of National lr.s:.trc,ftce Compang Lim it<zd' Vs' Ptanag SethF, held that thc ft-rture prospecLs of inc rtr-re of the self- employed r:Leccased shall also be included in llrltermination of the compelrsation. Thus, considering the age i)! the deceased' 4Oo/o of tht' int ome has ro be addcd tou'ards ltlture prospects and thus thc amount uould become Rs'56,7(.0/-' This sum if ' 20 t t (r) scl :ir, '(zoog) o scc r: t '(20t7) t6 scL ostt j I i ! I i I ! t i t I ' :7rl 4 multiplied with the muldplier applicable to the age of the deceased i.e.16, ir would c.ome to Rs.9,07,200/_. Thus, the claimants are entitled to Rs.9,07,200/- under t*re head .r.ass of Dependency,. I 1. Besides, the appe llants are also entitled for compensation under 'conventional heads, as prescribed in the dictum of National Insurance Compang Limlted. Vs. pranag Sethi, i.e., Rs. 15,OOO/- towards loss of Estate and Rs.lS,00O/_ towards funeral charges

12. Further, comprehensive the Hon'trle Supreme Court, by reiterating the rnterpretation of tonsortium, given in the authority of Magma General fnsuro,nce Compang Limlted as. Nq.nu Ra.m Atiqs Chuhru Rorm & other#,and in the authority between Unlted India Insurq.nce Compang Llmlted vs. Sqtinder Kaur @ Satwinder Kq.ur aad. otherc , fortified that the amounts for loss o[ consortium shall be awarded to the children who lose the care and protection of their pa_rents as 'parental consortium,and to the parents as, .lilial consortium, for the loss of their grou,n_up chitdren, to compensate their agonv, love and affection, carc and comparionship of deceased ' 1zo t8) rt scc tto ' 1:0201 e scc ora l l I I I i I I I I i 5 children. Accordingly, it is just and reasoni: tr Le to award Rs.SO,OOO/- zrs hlial consortium, Rs.8O,OOO/- torvirrds parental consortium and Rs.4O,OOO/- towards spousal cor.sortium to the claimants.

13. Therefore, tJle appellants / petirioners are r.nl.rtled for the compensation in the following terms: 1 2 c 4 5 Loss of dependency Conventional Heads Filial Consortium Parental Consortium Spousal Consortium TOTAL Rs.(.t 07,2O0/- R,.l,o,ooo/- R,, ir0,oo0/- R. rr0,000/_ R,.'0,00o/- Rs.t I,77,2OO1-

14. In the result, M.A.C.M.A.No 3a92 ot 2Ol rs dismissed and M.A.C.M.A.No.3136 of 2008 is allowed and tl e amount of compensation granted bv the trial Court is e r I Lanced from Rs.2,O1,500/- to Rs. I 1,77,2OOl- (Rupees I:.t rven Lakhs Seventy Seven thousand Tlr,o hundred only) u Lt r interest at the rate of 7.5o/o per annum from the date of filin r the petition Lill the date of realization. lnsurance Compaly .r: directed to deposit the entire amount u,ithin a period , )t one month from the date of receipr of a copy of this orrlr r. On such deposit, petitioner Nos.2 to 4, children of I ,: deceased, t I 6 are permitted to w-ithdraw Rs. f lakh each, petitioner Nos.S and 6, parents of the deceased are permitted to withdraw Rs.1.5 lakh each ald petitioner No.1, wife of the deceased is permitted to withdraw the balance amount along with interest accrued on it. The claimalts are directed to pay the defrcit court fee on the enhanced amount. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall staad closed. SD/. MOHD.ISMAII DEPUry REGISTRIii //TRUE COPY// To, ECTION OFFICER ' Ll&3',Uffi;;j|oto' Vehicle Accidents craims rribunar cum prr.District 2. One CC ro SMT KATTA SRAVYA Advocare [OPUC] 3. One CC to SRI KTRAN REDDY MALLARAPU Advocate tOpUCI 4. Two CD Copies TPK/PSL I I l I I i I I t HIGH COURT DATED:0110512025 AIL (; , .-,& 5 (--- #,' ,l\ .irl )a \LI F- a( 1 c I llcl' COMMON JUDGMENT +DECR MACMA.No.3892 of 2011 and MACMA.No.3136 of 2008 MACMA.No.3892 of 2011 lS DISMISSED MACMA No.3136 of 2008 lS ALLOWEI) b 1r< izzrztr