Ralque v. Reliance General Insurance Coqpqqy Urnit

BRMR.J MIcMA-t12_24)22

20. As per Ex.B1 Policy, the period of insurance comrnences from

10.OO Hours on 11.12.2014 to Midnight of 10.12.2015. Accident occurred on 28.07.2015 and the policy is in force in respect of the crime vehicle. 2L. In view of the ratio laid down by the Supreme Court stated supra, respondent No.3 is also liable to pay compensation. The finding of the Tribunal that the deceased was an unauthorised passeng€r is perverse and the same is liable to be set aside.

22. PW.1 deposed that her husband used to work as a labourer on the tractor of the respondent No.2, was earning Rs.8,0O0/- per month and contributing the same to the family. The Tribunal has taken the income of the deceased as a labourer and fixed the amount at Rs.4,000/- per rrionth taking into consideration the date of accident in the case (28.07.2015).

23. In Shaikh Sadik's casel, unskilled worker was entitled to claim monthly income of RS.1O,OOO/-. As per the Gazette of India No.1047, dated 31.05.2020, the monthly wages of a workman is fixed at Rs.8,000/- per month. Though petitioners have claimed that the deceased Bhaskar used to earn Rs.9,000/- per month, in v'rew of the Gazette of India and it can safely be taken as RS.8,OOO/- per month towards the incorne of the deceased Bhaskar. The learned Tribunal has awarded consortium to the appellant No.1-petitioner No.1 and did not award{onsortium to appellant Nos.2, 3 and 5. Appellant Nos.2, 3 \ BRMRJ MAC.MA--tt2_2022 and 5 are also entitled' for consortium as per the decision in Magma General Insurance Company Ltd., Vs. Nanu Ram Alias Chuhru Ram and Others:r.

24. Then: is no dispute with regard to the multiplier ('14') and future prosE ects (25%) awarded by the Tribunal as the deceased was aged about 45 years. The dependants of the deceased are 4 to 6 and the persona experEes deduction would be 1/4.

25. Appetlant No.4 died during pendency of the MVOP and his legal heirs are alrgady on record,

26. The o)mputation is as under: Sl.No Name of the Head Amount awarded 1 2 3 4 5 6 Income (per month) Rs. 8,000/- Add. Z5olo future prospects (as per National losurance Co. Ltd Vs. Pranay Sethi!) Rs. 10,000/- (8.000 x 25o,t) +8,OOO 1/4h detiuctions towards Personal Expenses (as per Smt.Sarla Varma \ . Delhi Tra nsport Corporationl) Rs.7,500/- 1O,OOO - (1O,0@ X 1/4) Annual Income Multiplier '14' Rs.9O,O00/- (7,500 x 12) Rs.12,60,O0O/- (90,ooo x r4: Consortiu m (40,OO0 X 4) Rs.1,60,0O0/- , 2o1g AcJ 2782 sc 3 (zou) 16 scc G8o { (20@) 6 scc t zl BRMR,J MACMA I L2_2022 7

8. Loss of Estate Rs.15,O0O/- Funeral Expenses Rs.15,OOO/- Total Rs.14,5O,OOO/-

27. Interest to be awarded @ 9olo per annum as per the decision of the Supreme Court in Anjali and Others vs. Lokendra Rathod and otherss.

28. In the result, MACMA.No.112 of 2022 is allowed, impugned order dated L3.L2.2OZL passed against respondent No.3 is set aside and the compensation awarded by the Tribunal is enhanced as under: a) The impugned award dated 13.12.2021, passed in MVOP.No. 498 of 2016, stands enhanced. 1 ) b) The compensation awarded by the Tribunal i.e.,Rs.7,07,0OO/- is enhanced to Rs.14,5O,000/- together with interest @ 9olo per annum from the date of filing the petition till payment. c) The appellants - petitioners shall pay Court fee on the enhanced amount. d) Appellant No.1 - petitioner No.1 is entitled for Rs.7,25,000/- along with costs and interest thereon and she is permitted to . withdraw the entire amount without furnishing security. e) Appellant Nos.2 and 3 - petitioner Nos.2 and 3 are entit'led for Rs.2,9O,000/- each with costs and interest ther€on and they 5 2022 SCC OnLine SC 1683 BRMR,J MICMA_I 12_2022 are permifted to withdraw the entire amount without furnishing secu dty. Q Appellant No.s - petitioner No.5 is entitled for Rs.1,45,000/- along with costs and interest thereon, she are permitted to withdraw the entire amount without fumishing security. g) The respondent Nos.1 to 3 are hereby directed to deposit the awarded amount jointly and severally with interest and costs less th€ amount already-deposited, if any, within a period of 60 days lrom the date of receipt of a copy of this judgment. Miscellaneous application/s, pending if any, shall stand closed. No costs. SD/-M.NAGAMANI ASSISTANT REGISTRAR \ I t\ CTION OFFICER / /ffRUE COPY// To, W

1. The Chairman, Motor Accident Claims Tribunal-cum-Judge, Family Court- cum Vl Adrtitional District Judge, Nalgonda.(wilh records if any)

2. One CC to SRl. C.Mohan Prakash, Advocate [OPUC] 3. One CC to SRl.A.Rama Krishna Reddy, Mvocate [OPUC] 4. Two CD Ccpies JfuPSL HIGH COURT DATED:14108/20115 JUDGMENT MACMA.No.112 'tt2O22 r{L STATE o d 11 $t1 rNs !r -) -a) .F DE: M.A.C.M.A. lS A[.L-OWED. q $, 16 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY THE FOURTEENTII DAY OF AUGUST TWO IHOUSAND AND TWENry FIVE PRESENT IHE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 112 OF 2022 Between:

1. Kalakonda Thirupathamma alias Suvartha, Wo. Late Bhaskar, aged . 39 Years, Occ . Household,

2. Kalakonda Swapna, D/o. Late Bhaskar, aget .21 Years, Occ . Student 3. Kalakonda Gopi, S/o. Late Bhaskar, aged .19 Years, Occ . Student 4. Kalakonda Achaiah, S/o. Ramaiah, aged.65 Years, Occ . Nil (since died) All R/o. Chimirala Village of Kodad Mandal, Presently Residing at Pangal locality of Nalgonda town, mandal and District.

5. Chadapangu Bhavani, W/o. Joshi, aged.2z years, Occ . Household, Ftio. Vepalasingam Village of Huzurnagar MaMal of Nalgonda Diskict. (Claimant No.4 since died his legal representatives already on record as a Claimants No.1 to 3 and same is recorded as per Memo dated 03t12t2020). AppellanUClaimants AND

1. Nemali Nageshwar Rao, S/o. Bikshalu, aged . 52 Years, Occ . Tractor Driver, R"/o. H.No.5-161, S.C.Colony, Chillakallu Village and Jaggaiahpet Mandal of Krishna District. (Driver of Tractor and Trailer bearing No. AP- 24-X-9495 and AP-24-X-9494)

2. Velpula Vijay, S/o. Jayaram, aged . Major, Occ . Business and Agriculture, Rio. H.No. 5-21l4, S.C.Colony, Chillakallu Village and Jaggaiahpet Mandal of Krishna District. (Owner of Tractor and Trailer bearing No. AP-24-X- 9495 and AP -24-X-9494).

3. Rayal Sundram Alliance lnsurance Company Limited, rep. by its Manager in Legal Branch Office . R7o. D.No. 40-'l-55/A, V.V.R.Square, Near Benz Circle Vijayawada -10. ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the petition and upon hearing the arguments of Sri C.M.Prakash, for the Appellants and of Sri A.Rama Krishna Reddy, Advocate for the Respondent No.3. ... Respondents/Respondents This Court dr:th Order and Decree as follows: '1 . That the appeal be and hereby is allowed, impugned order dated 131121202.1 passed against respondent No.3 is set aside and the compensation awarded by the Tribunal is enhanced as under; a) That lhe impugned award dated 1311212021, passed in MVOP No.49B ol'2016, stands enhanced: b) That c')mpensation awarded by the Tribunal i.e. Rs. 7,07,000/- is enhancec to Rs.14,50,000/- together with interest @ 9% per annum from the date of filling the petition till payment; c) That the appellants - Petitioners shall pay' Court fee on the enhancec amount; d) That the Appellant No.1 - Petitioner No.1 is entitled Rs.7,25,0()0/- along with costs and interest thereon and she permitted to withdraw the entire amount without furnishing security; e) That the Appellant Nos2 and 3 - Petitioner Nos.2 and 3 are entitled for Rs.2,90,000/- each with costs and interest thereon and they are permifted to withdraw the entire amount without furnishing security; f) That th':, Appellant No.5 -Petitioner No.5 is entitled for Rs.1,45,0001 along witl- costs and interest thereon, she are permitted to withdraw the entire amount without furnishing security; g) That the respondent Nos. 1 to 3 are hereby directed to deposit the awarded amount jointly and severally with interest and costs less the amount already deposited, if any, with a period of 60 days from the date of rer:eipt of a copy of this Judgment; h) That there shall be no order as to costs in this appeal. SD/.M.NAGAMANI TANT REGISTRAR i/TRUE COPYII CTION OFFICER To,

1. The Chairman, Motor Accident Claims Tribunal-cum-Judge, Family Court-cum Vl Additional District Judge, Nalgonda.(with records if any) 'J

2. One CC to SRl. C.Mohan Prakash, Advocate [OPUC] 3. One CC to SRl.A.Rama Krishna Reddy, Advocate [OPUC] 4. Two CD Copies I i I l I I I I HIGH COURT DATED:1410812025 DECREE MACMA.No.'l'12 ot 2022 M.A.C.M.A. IS ALLOV\/ED b \q 1( l