THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR M.A.C.M.A.No.4076 of 2008 Dated:- 29th December, 2010 Between:- National Insurance Company Ltd., …Appellant AND M.Hanumantha Reddy and others …Respondents THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR M.A.C.M.A.No.4076 of 2008 JUDGMENT:- This appeal is directed against the order and decree dated 29.01.2007 passed in O.P.No.40 of 2004 by the XVII Additional Chief Judge – cum – III Additional Metropolitan Sessions Judge, Hyderabad. The appellant herein – Insurance Company is the second respondent and respondents 1 and 2 herein are the petitioners/claimants before the Court below, who were awarded a compensation of Rs.4,26,000/- by the Court below on account of death of their un-marreid son – M.Lakshmikanth Reddy (hereinafter referred to as the deceased) in a motor accident. The Insurance Company challenges the said award of compensation to the claimants in this appeal. 2. For the sake of convenience, the parties will be referred to as they were arrayed before the Court below. 3. The brief facts of the case are as follows:- On the intervening night of 29/30.10.2003, while the deceased, who was aged about 29 years and earning Rs.6,755/- per month working as Administrative Officer in M/s.Sureka Industrial Marketing Associates, Panjagutta, Hyderabad, was travelling in Swaraz Mazda Mini Bus bearing registration No. AP 9 W 2988 (hereinafter referred to as ‘offending vehicle’) along with some others persons on pleasure trip from Bangalore to Hyderabad and when the said mini bus reached outskirts of Gattur (V) on N.H.7, the driver of the said vehicle drove the same in a rash and negligent manner at high speed and lost control as a result of which, the offending vehicle dashed against a stationed lorry bearing registration No. AP 02 U 6153. As a result of the said accident, the deceased and some others received serious injuries and the deceased succumbed to the injuries at about 04:10 A.M. while undergoing treatment in Government Hospital, Penukonda. The police, Penukonda P.S., registered case against the driver and cleaner of the offending vehicle in Crime No.134 of 2003 under sections 337, 338, 304-A IPC. The claimants instituted the O.P. before the Court below and claimed compensation as referred supra. 4. The case of the claimants’ is that the deceased completed B.Tech., in Electronics and Tele communications and that he was earning Rs.6,750/- per month by working as Administrative Officer in M/s.Sureka Industrial Marketing Associates, Panjagutta, Hyderabad. The respondents filed separate counters and denied the material averments made by the claimants with regard to the manner of the accident, age, occupation and income of the deceased. 5. On behalf of the claimants, the first claimant – Mr.M.Hanumantha Reddy was examined as P.W.1, one M.Rajini Reddy – the employer of the deceased, i.e., proprietor of M/s.Sureka Industrial Marketing Associates, Panjagutta, Hyderabad, was examined as P.W.2 and Exs.A.1 to A.8 were marked. No oral or documentary evidence had been adduced on behalf of the respondents, except marking Ex.B.1 – True Copy of the Insurance policy. 6. The Court below, on appreciation of oral and documentary evidence on record, came to the conclusion that the accident occurred due to negligence of the driver of the offending vehicle and with regard to compensation, the Court below believed Ex.A.5 – Original salary certificate of the deceased, but however, determined the net salary of the deceased as Rs.4,500/- per month and after deducting 1/3rd of his net salary towards personal expenditure, awarded a compensation of Rs.3,96,000/- under the head of loss of dependency, and awarded a total compensation of Rs.4,26,000/- to the claimants. Aggrieved by the same, Insurance Company preferred this appeal. 7. The main submission of Sri A. Veera Swamy, learned counsel appearing on behalf of the Insurance Company is that as the deceased is unmarried and there are only two dependents of the deceased i.e., his parents, the Court below ought to have deducted 50% from the net salary of the deceased towards personal expenditure and thus committed an error by deducting only 1/3rd of his net salary towards personal expenditure. It is also his submission that the Court below ought not to have awarded a compensation of Rs.25,000/- under the head of Loss of love and affection and Rs.5,000/- under the head of transportation of the dead body and funeral expenses. 8. Per contra, learned counsel for the claimants’ supported the order of the Court below and submits that there is nothing to interfere in the reasoned judgment of the Court below. 9. Having considered the above rival contentions, the only point that arises for consideration in this appeal is whether the compensation awarded by the Court below to the claimants is just and reasonable in the fact and circumstances of the case. 10. Admittedly, the deceased was aged about 29 years at the time of accident. The documents filed by the claimants go to show that the deceased was a B.Tech., graduate in Electronics and Tele Communications. Of course, the evidence on record shows that the deceased was working as Administrative Officer in M/s.Sureka Industrial Marketing Associates, Panjagutta, Hyderabad. P.W.2 is the proprietor of said M/s.Sureka Industrial Marketing Associates, Panjagutta, Hyderabad, in which the deceased was employed. No suggestion was given either to P.Ws.1 or P.W.2 that the deceased was not a regular employee of the said firm. Admittedly, there was no addition to the income of the deceased. 11. Sri A. Veera Swamy, learned counsel appearing for the Insurance Company is right in saying that the Court below ought to have deducted 50% from the net salary of the deceased towards personal expenditure since the deceased was unmarried and the claimants’ were only the parents of the deceased. But however, keeping in view the educational qualifications of the deceased and having regard to the fact that the parties did not adduce any evidence as to whether the deceased was a permanent employee of the said M/s.Sureka Industrial Marketing Associates, Panjagutta, Hyderabad, or not, there was no occasion for the Court below to make any addition to the income of the deceased as per the judgment of the Apex Court in case betw een Sarla Verma Vs. Delhi Transportation Corporation[1]. Anyhow, the deceased was a B.Tech., graduate in Electronics and Tele Communications and at the prime age of 29 years on the date of accident. Therefore, it appears that the deceased would have earned more than what he was earning on the date of his death in future, had he lived. It is to be noted that all factors such as age, educational qualifications and also the future prospects of the deceased have to be taken into consideration while awarding compensation, as per the judgment of the Apex Court in General Manager, Kerala State Road Transport Corporation, Trivandrum, Vs. Mrs. Susamma Thomas[2] and as per the directions of the Sarla Verma’s case (1 supra). Having regard to the facts educational qualifications and other factors of the deceased, I feel that there were fair chances for the deceased to earn more in addition to what he was earning on the date of accident in his future career. In view of the same and having regard to educational qualifications, age of the deceased and other facts and circumstances of the case, I feel that the ends of justice will be met by not disturbing the findings and the amount awarded as compensation to the claimants by the Court below. 12. However, Sri A.Veera Swamy, learned counsel appearing for the Insurance Company is right in saying that the Court below ought not to have awarded Rs.25,000/- under the head of Loss of Love and Affection. As per the decision of the Apex Court in Sarla Verma’s case (1 supra) also, the claimants are entitled for only Rs.20,000/- in total towards other benefits but not Rs.25,000/-, as awarded by the Court below. Thus, the amount awarded by the Court below under the head of Loss of Love and Affection is modified to Rs.20,000/- (Rupees twenty thousand only). 13. Having regard to the overall facts and circumstances of the case, I feel that the amount awarded as compensation by the Court below is just and reasonable and need not be disturbed, except modifying the amount awarded by the Court below under the head of Loss of Love and Affection to Rs.20,000/- (Rupees twenty thousand only). 14. In the result, the award of the Court below is modified to the extent indicated above and, accordingly, the M.A.C.M.A. is partly allowed. There shall be no order as to costs. _______________________________ JUSTICE B.CHANDRA KUMAR 29th December, 2010 Bvv [1] AIR 2009 SC 3104 [2] AIR 1994 SC 1631