1

IN THE COURT OF THE JUDGE; IV ADDL.MOTOR

ACCIDENTS CLAIMS TRIBUNAL :NELLORE AT SRI POTTI
SRIRAMULU NELLORE DISTRICT

Present: SRI CH.RAMACHANDRA MURTHY,B.Com.,M.L.,

Chairman of IV Addl. Motor Accidents Claims Tribunal,
Nellore

Monday, this the 1st day of December 2014

M,V,O.P.No.952 OF 2011
Between:
1. Thogaruchiti Dhana Lakshmi
Wife of late T.Veera Brahmachari
2. Thogaruchiti Vijay
Son of late T.Veera Brahmachari
3. Thogaruchiti Vinay
Son of late T.Veera Brahmachari
4. Thogaruchiti Sehana
Daughter of late T.Veera Brahmachari
All are Hindus, aged about 30, 9, 9 and 5 years
Respectively, Nos 2 to 4 being minors represented
By their mother/guardian 1st claimant
T.Dhana Lakshmi and residing at Sivaji
Nagar, Kothur village, Nellore
Rural Mandal, S.P.S.R.Nellore District. … Claimants

AND

1. Birappa Appanna Mane

Fathers name is not known,
Owner of the Mahindra and Mahindra
Scorpio car bearing No.MH10-AN-5160
And resident of A/P Mallal Tal.Jath District
Sangali, Mallal, Maharashtra

2. Iffco Tokio General Insurance company Limited

Represented by its Divisional Manager, Sangali
District of Maharashtra and Branch Office at
Nellore. The policy cover note No.4113448
Valid from 24-5-2010 to 23-5-2011. ... Respondents

This petition is coming before me on 19-11-2014 for final hearing

before me in the presence of Sri R.Rajasekhar advocate for the petitioners
and respondents 1 and 2 called absent and set exparte and upon perusing
the material papers on record and upon hearing both sides, this Court
made the following:

ORDER

1. This claimant No.1 Thogaruchiti Dhana Lakshmi is wife, Thogaruchiti

Vijay, Thogaruchiti Vinay and Thogaruchiti Sehana are sons and daughter

of late Thogaruchiti Veera Brahmachari, filed a claim petition under Section

166 of Motor Vehicles Act, for granting compensation of Rs.20,00,000/-

with the following averments:-

 2
(i) Thogaruchiti Veera Brahmachari was a purohit at Nellore and

earning Rs.10,000/- per month and that on 12-1-2011 the Thogaruchiti

Veera Brahmachari and his cousin by name Thogaruchetti Umachari were

started to go to Srisailam on their Honda Unicorn two wheeler, bearing

No.AP 26 AD 8802 at 9-00 A.M., at Ongole and reached to Markapuram at

1-00 P.M., and met with one M.Lakshmi Narayana who is their co-brother

and thereby started at 1-30 P.M. from Markapur and at about 3-00 P.M.,

when they reached Chinthala village limits within Dornala Mandal on

Dornala-Srisailam Ghat road, at that time one Mahindara and Mahindra

Scorpio Car bearing No.MH-10AN-5160 driven by its driver in a rash and

negligent manner coming in opposite direction dashed against the said

vehicle of the claimant and caused accident. Due to the said accident, the

said Umachari died on the spot. A case was registered in crime No.7/2011

of Dornala Police Station. The respondents are jointly and severally liable

to pay compensation.

2. The first respondent, who is the owner of the Mahindara and

Mahindra Scorpio Car bearing No.MH-10AN-5160 remained exparte.

Second respondent insurance company was also remained exparte.

3. On behalf of the petitioners, the first claimant Thogaruchiti

Dhanalakshmi is examined as PW-1 and Exs.A-1 to A-8 were marked.

(ii) Ex.A-1 is the attested Xerox copy of First information report in

crime No.7/2011 of Dornala Police Station, Ex.A-2 is the attested Xerox

copy of inquest report of deceased Veera Brahmachari. Ex.A-3 is attested

copy of postmortem report of deceased Veera Brahma Chari Ex.A-4 is

attested Xerox copy of Motor Vehicles Inspector's report, Ex.A-5 is attested

Xerox copy of insurance policy, Ex.A-6 is attested Xerox copy of driving

licence stands in the name of Sagar Lokhande son of Uttam, Ex.A-7 is

acknowledgment of income tax returns issued by income tax Department

in favour of Thogaruchiti Veera Brahmachari for the year 2009-10 and

 3
Ex.A-8 is Acknowledgment of income tax returns issued by Income Tax

Department in favour of Thogaruchiti Veer Brahmachari for the year 2008-

09.

4. Heard the petitioner and perused relevant records.

5. Now the points for consideration are :

1. Whether the accident took place rash and

negligent driving of driver of the offending
Mahindara and Mahindra Scorpio Car bearing
No.MH-10AN-5160?

2. Whether the petitioners are entitled to

compensation as prayed for?
POINT No.1

1. Whether the accident took place rash and negligent driving of

driver of the offending Mahindara and Mahindra Scorpio Car bearing
No.MH-10AN-5160?

6. It is not in serious dispute that the first respondent is the owner of

offending Mahindara and Mahindra Scorpio Car bearing No.MH-10AN-5160.

It is evident from Ex.A-5 copy of insurance policy with cover note

No.41134458, valid from 24.5.2010 to midnight 23.5.2011. It is also not

in dispute that Veera Brahmachari who is husband of PW-1, met with an

accident occurred 12-1-2011 at 3-00 P.M., near Chinthala village and died.

It is evident from Ex.A-1 first information report, Ex.A-2 inquest report and

Ex.A-3 postmortem certificate. As per Ex.A-4 there are no mechanical

defects in the offending vehicle. As per Ex.A-6 one Sagar Loghande son of

Uttam was driver of the offending vehicle.

7. PW-1 categorically deposed that the accident took place due to rash

and negligent driving of the driver of the offending vehicle. In view of the

evidence of PW-1 coupled with the connected crime records, it can safely

be held that the accident took place due to rash and negligent driver of the

offending vehicle. The respondents 1 and 2 did not come forward and

adduce any evidence contrary to the evidence of PW-1 and contents of

connected crime records. As per Ex.A-6, the driver of the offending vehicle

possessed valid driving licence as on the material date of accident. The

 4
vehicle was insured with second respondent as on the material date of

accident. Therefore, I hold that the accident took place due to rash and

negligent driving of driver of the offending vehicle. Hence, I find the point

accordingly.

Point No.2
2. Whether the petitioners are entitled to compensation as prayed for?

8. As per Ex.A-2 and Ex.A-3, it can safely be held that the husband of

PW-1 died in the accident. The petitioners did not produce any evidence

regarding the age of deceased on the material date of accident. In the

absence of any such evidence regarding the age of deceased, it can be

looked into Ex.A-2 inquest report and Ex.A-3 postmortem certificate. As per

Exs.A-2 and Ex.A-3, the age of the deceased mentioned as thirty five

years. Therefore, the age of deceased is fixed at 35 as on the material

date of accident.

9. It is the evidence of PW-1 that her husband was earning Rs.20,000/-

per month as purohith. Except her evidence, she did not produce any

record. The petitioners relying upon Ex.A-7 and Ex.A-8 copies of income

tax returns submitted for the year 2009-10 and 2008-09 respectively and

contends that the annual income of deceased was over Rs.1,50,000/-. The

petitioners did not choose to examine the concerned Income Tax

Authorities to prove the entries in Ex.A-7 and Ex.A-8. On suspicion

regarding the genuiness Ex.A-7 and Ex.A-8 income tax returns, a letter was

addressed to Income Tax Authorities on 8-10-2014. In turn, Additional

Commissioner of Income Tax, Nellore Range, Nellore addressed a letter

dated 22-10-2014 informing that no PAN number issued with KEDTV5345L

in the name of deceased Thogaruchiti Veera Brahmachari son of

Brahmachari. It is further mentioned in the letter that no such PAN data

available and the same is invalid. Further stated that no income tax

returns filed by Veera Brahmachari for the assessment year 2008-09 and

2009-10. In view of the letter referred to above, the documents in Ex.A-7

 5
and Ex.A-8 cannot be said as genuiness. Those documents cannot be taken

into consideration as they are not genuine.

10. In the absence of any definite material as to the income of the

deceased, it would be proper to take his monthly income as Rs.3,000/- per

month. As per Sarala Verma's case 2009 ACJ 1298, 1/4th amount is to

be deducted towards personal expenses of the deceased, if they are

dependents 4 to 6. In the present case, there are four dependants, who

are petitioners herein. The annual income comes to Rs.36,000 (Rs.12,000

X 3). 1/4th amount is to be deducted out of Rs.36,000/-. It comes to

Rs.9,000/-, which is to be deducted towards personal expenses of the

deceased Veera Brahma Chari. After deducting the actual income of the

deceased comes to Rs.27,000/- (Rs.36,000 – Rs.9,000). The appropriate

multiplier is sixteen for the age group of 31 to 35. The total dependency

comes to Rs.4,32,000/- (Rs.27,000 X 16). Rs.5,000/- is awarded

towards consortium to the first petitioner. Rs.2,000/- is awarded

towards funeral expenses and Rs.1,000/- is awarded towards

transport charges. .Rest of the claim is hereby rejected.

The compensation awarded to the petitioner is as follows:-

S.No. Nature of Amount

compensation awarded
1. Loss of estate and Rs.4,32,000-00
dependency
2. Consortium Rs.5,000-00
2. Funeral expenses Rs.2,000-00
3. Transport Rs.1,000-00
expenses
Total Rs.4,40,000-00
(Rupees four lakhs forty thousands only)

Accordingly, this POINT is answered.

18. IN THE RESULT, the claim petition filed by the claimants is hereby

partly allowed infavour of the claimants and against the respondents for a

sum of Rs.4,40,000/- (Rupees four lakhs forty thousands only) with

proportionate costs and with subsequent interest at the rate of 7.5% per

annum from the date of petition till the date of deposit against the
 6
respondents Nos.1 and 2 jointly and severally. The time for depositing the

award amount is one month. After deposit, the claimant No.1 is entitled

40% out of compensation amount i.e., Rs.1,76,000/-. The claimants 2 to 4

are entitled 20% each out of compensation amount i.e., Rs.88,000/- each.

The claimant No.1 is permitted to withdraw half of the amount and

remaining amount shall be kept in any nationalized bank for a period of

three years. The share amounts of claimant Nos.2 to 4 shall be kept in

F.D.R in any nationalized bank till they attain age of majority. The first

claimant is being mother/next friend is permitted to withdraw interest once

in every six months for the benefit of minor children i.e., 2 to th

4 claimants

herein. The rest of the claim of the petitioners is hereby dismissed without

costs. Advocate fee is fixed at Rs.2,000/-.

Typed on my direct dictation by the steno typist, corrected and

pronounced by me in the open Court on this the day 1 st
day of
December 2014.

CHAIRMAN
IV ADDL.MOTOR ACCIDENTS CLAIMANTS
TRIBUNAL, NELLORE

APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
CLAIMANTS: RESPONDENTS:Nil
PW-1 /Thogaruchiti Dhana Lakshmi
EXHIBITS MARKED ON BEHALF OF
CLAIMANTS:
Ex.A-1/Attested Xerox copy of First information report in crime No.7/2011
of Dornala Police Station
Ex.A-2/Attested Xerox copy of inquest report of deceased Veera
Brahmachari
Ex.A-3/Attested copy of postmortem report of deceased Veera
Brahmachari
Ex.A-4/Attested Xerox copy of Motor Vehicles Inspector's report
Ex.A-5/Attested Xerox copy of insurance policy
Ex.A-6/Attested Xerox copy of driving licence stands in the name of Sagar
Lokhande son of Uttam
Ex.A-7/Acknowledgment of income tax returns issued by income tax
Department in favour of Thogaruchiti Veera Brahmachari for the
year 2009-10
Ex.A-8/Acknowledgment of income tax returns issued by Income Tax
Department in favour of Thogaruchiti Veer Brahmachari for the year
2008-09
Respondents:-Nil

CHAIRMAN
IV ADDL.MOTOR ACCIDENTS CLAIMANTS
TRIBUNAL, NELLORE.
7