THE HON’BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.3799 of 2004 Dated: 16-12-2010 Between: Smt. S.Nagavani ………..Appellant and V.Bapaiah and another. …………Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.3799 of 2004 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act, 1989 is directed against the award dated 21-06-2004, passed by the II Additional Chief Judge, City Civil Courts, Hyderabd, in O.P.No.731 of 1997, filed by the appellants-claimants claiming compensation of Rs.6,00,000/- for the death of one S.Subash Chandra Reddy (herein after referred to as ‘deceased’), who is the husband of the 1st appellant and father of the 2nd and 3rd appellants, in a motor accident when they were travelling in a Maruthi Car bearing Regn. No.AP-9A-2631 from Bichupally, Mahaboobnagar District, to Kurnool, and when the car reached NH-7, near Thungabhadra Check post, a lorry bearing Regn. No.AP-12T-5535, came in opposite direction with high speed in a rash and negligent manner and dashed against the Maruthi car, due to which, the deceased and his family members sustained grievous injuries besides fractures. Immediately, the deceased was shifted to Government General Hospital, Kurnool, where the deceased succumbed to injuries. 2. Before the Court below, 1st respondent-who is the owner of the crime vehicle, remained ex parte and the 2nd respondent, which is the Insurer of the crime vehicle, filed the counter and contested the claim denying all the allegations made in the petition. 3. The Court below having held that the accident occurred due to rash and negligent driving of the driver of the offending vehicle, and taking into account the evidence of the appellant as P.W.1 and documents marked under Exs.A-5, postmortem report and A-6, salary certificate, awarded Rs.5,53,920/- towards future loss of income, Rs.15,000/- towards consortium and Rs.2,000/- towards funeral expenses, in all, the appellants were awarded total compensation of Rs.5,70,920/-, rounded off to Rs.5,71,000/-. Not satisfied with the award passed by the Court below, the claimants-appellants filed the present appeal. 4. Heard the learned counsel for the appellants and the learned standing counsel appearing for the 2nd respondent-insurer and perused the entire material available on record. 5. Learned counsel for the appellants, especially with regard to the future prospects of the deceased, contended that the Court below failed to award compensation under the head of future prospects though the deceased died at the young age and having better future in getting increments and promotions etc., He further contended that the Court below also failed to award compensation under the head of loss of estate. Hence, he prayed to enhance the compensation awarded by the Court below. 6. Learned counsel for the 2nd respondent contended that the Court below has rightly awarded compensation by taking into account the salary of the deceased at Rs.4,328/- per month as claimed by the appellants based on Ex.A-6, salary certificate, hence, there is no need to enhance the compensation. 7. As seen from the record, it is no doubt true that due to rash and negligent driving of the driver of the crime vehicle, the accident occurred and due to which, the deceased died. The Court below awarded an amount of Rs.5,53,920/- towards loss of dependency, Rs.15,000/- towards consortium and Rs.2,000/- towards funeral expenses, in all, the appellants were awarded total compensation of Rs.5,71,000/-, which, in my considered opinion, may not be interfered with and the same are confirmed. 8. So far as the contention of the learned counsel for the appellant that the Court below failed to grant compensation towards loss of estate and future prospects is concerned, I am of the considered view that the Court below ought to have granted compensation to these two heads also as the deceased is a young man aged about 40 years and having better career in future as he would have 18 years more service at the time of accident. Therefore, the claimants-appellants are entitled to an amount of Rs.10,000/- towards loss of estate and Rs.20,000/- towards future prospects. Therefore, the appellants-claimants are entitled to a total sum of Rs.6,01,000/-(Rs.5,71,000/-(+) Rs.20,000/-(+) Rs.10,000/-). However, since the appellants-claimants have restricted their claim to Rs.6,00,000/-, they are granted a sum of Rs.6,00,000/- towards total compensation. 9. In the result, the appeal is allowed holding that the appellants- claimants are entitled for Rs.29,000/- as enhancement of compensation with 7% interest per annum on the enhanced amount from the date of this order till the date of realization. The award in O.P.No.731 of 1997, dated 21-06-2004, is modified accordingly. There shall be no order as to costs. ____________________________ December 16, 2010 JUSTICE GHULAM MOHAMMED kvr