IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : : THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.A No.1735 of 2009 Dated:07-09-2011 Between: The New India Assurance Company Limited. ….Appellant. And Smt.E.Padma and others. ….Respondents. The Court made the following: THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.ANo.1735 of 2009 ORDER: (per the Hon’ble Sri Justice P.Durga Prasad) This appeal at the instance of the Insurance Company is directed against the award passed in O.P.No.572 of 2005 by the Motor Accidents Claims Tribunal – cum – II Additional District Judge, Ranga Reddy District on 02.06.2008. The petitioners, who are the wife, children and parents of the deceased E.Dasharath, have filed the application under Section 166 of the Motor Vehicles Act claiming compensation of Rs.20,00,000/- for the death of the deceased in a motor vehicle accident. According to the petitioners, the deceased met with a road accident on 08.07.2005 at about 9.45 A.M. near Miyapur RTC Bus Depot, Bollaram Road while he was proceeding on his motorcycle to go to his house, a water tanker bearing No.AP 9V 8307 came in a rash and negligent manner and dashed the deceased while he was waiting for traffic clearance. As a result of which, he sustained multiple injuries and died on the spot. The owner of the vehicle remained exparte. The appellant/Insurance Company has filed a counter denying the averments made in the petition and pleaded that the accident was occurred due to rash and negligence on the part of the deceased himself and the claim of the petitioners is highly excessive and exorbitant. On the above pleadings, the Tribunal has framed the following issues: (1) Whether the accident took place on 08.07.2005 at about 9.45 A.M. near Miyapur RTC Bus depot, Bollaram Road, on account of the rash and negligence driving of the driver of the water tanker bearing No.AP 9V 8307 while dashed the Motor Cycle bearing No.AP 28BA 8841? (2) Whether the petitioners are entitled to claim compensation and if so, for how much amount, from which respondent? (3) To what relief? The 1st petitioner examined herself as P.W.1 and also examined M.Laxmaiah as P.W.2 and got marked Exs.A.1 to A.9. No oral and documentary evidence was adduced on behalf of the respondents. The Tribunal by taking into consideration of the said oral and documentary evidence held the issue Nos.1 and 2 in favour of the petitioners and awarded compensation of Rs.11,34,960/- together with interest at 7.5% P.A. Aggrieved by the said award, the Insurance Company has filed the present appeal. The appellant’s counsel has not disputed their liability, but only pleaded that the compensation awarded by the Tribunal is highly excessive. He further pleaded that the Tribunal erroneously taken the gross salary of the deceased instead of net salary for arriving at the loss of dependency of the petitioners. He also pleaded that an amount of Rs.72,000/- granted by the Tribunal under the head of loss of consortium, loss of love and affection, loss of estate and towards funeral expenses, is highly excessive, thereby the compensation awarded by the Tribunal is liable to be reduced. The respondents’ counsel on the other hand supported the award passed by the Tribunal. As per the evidence available on record the deceased E.Dasharath worked as Conductor in A.P.S.R.T.C., Miyapur Depot. Ex.A.7 is the Salary certificate and Ex.A.8 is the service certificate issued by the Depot Manager, A.P.S.R.T.C., Miyapur. Ex.A.7 clearly shows that the gross salary of the deceased was Rs.8,858/- and the only deductable amount from the gross salary is Rs.80/- which was paid towards profession tax. The appellant’s counsel has pleaded that the net salary of the deceased has to be taken into consideration for arriving at the loss of dependency. The other deductions as per Ex.A.7 salary certificate are loan taken by him, provident fund, insurance, which are not liable to be deducted from the income of the deceased for the purpose of arriving at the loss of dependency. After deducting profession tax, the income of the deceased comes to (Rs.8,858- Rs.80) Rs.8,778/-. Since the deceased is aged about 40 years as on the date of accident and he has got a stable employment, 30% of the said income has to be taken as future prospects as per the decision rendered in “Smt. Sarla Verma and others v. Delhi Transport Corporation and another (2009 AIR SCW 4992)”, which comes to Rs.2,633/-. Thus, the total income of the deceased can be taken as (Rs.8,778 + Rs.2,633=Rs.11,411/-) Rs.11,411/-. After deducting 1/3rd towards his personal expenses, the income of the deceased comes to Rs.7,608/- (Rs.11,411- Rs.3,803 = Rs.7,608/-). As per Smt.Sarla Verma’s case (referred supra) the multiplier applicable for the age of 40 years is ‘14’. Thus, the total loss of dependency of the petitioners comes to Rs.7,608 X 12 X 14 = Rs.12,78,144/-. The Tribunal has awarded Rs.20,000/- towards loss of consortium, Rs.25,000/- towards loss of love and affection, Rs.25,000/- towards loss of estate and Rs.2,000/- towards funeral expenses. As rightly contended by the appellant’s counsel that awarding of said amount towards loss of consortium, loss of love and affection, loss of estate and towards funeral expenses, is highly excessive. The total amount that can be awarded under the said heads is only Rs.20,000/- as per Smt. Sarla Verma’s Case (referred supra). Thus, the total compensation payable to the petitioners comes to Rs.12,98,144/-, which is much more than the compensation awarded by the Tribunal. Since the claimants have not preferred any appeal for enhancement of the compensation, they are not entitled for any enhancement as per the above said calculations. Thus, the lower Court has rightly awarded the above said compensation to the petitioners and we do not find any reason to interfere with the said award of the Tribunal. In the result, the appeal is dismissed without costs. _______________________ JUSTICE N.V.RAMANA. _____________________________ JUSTICE P. DURGA PRASAD Dated:07-09-2011 Ksp