The Commanding Officer vs. Erukali Pochaiah
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
20 Nov 2013
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Order Text
THE HON'BLE MR JUSTICE V.SURI APPA RAO
MACMA NO. 252 and 368 OF 2007
DATED: 20.11.2013
MACMA NO.252 OF 2007
Between:
The Commanding Officer and another
.. Appellants/Respondents
And
V.Srishailam and another
.. Respondents/Petitioners
MACMA NO.368 OF 2007
Between:
The Commanding Officer
.. Appellant/R2
And
Erukali Pochaiah and others
.. Respondents/Petitioners/R1
THE HON'BLE MR JUSTICE V. SURI APPA RAO MACMA NO. 252 and 368 OF 2007 COMMON JUDGMENT:
Heard learned counsel for the appellants and learned counsel for the respondents 1 and 2 in both cases.
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These two appeals are directed against the common judgment dated 24.10.2006 passed by the II-Additional District and Sessions Judge, Medak at Sanga Reddy (for short 'the Tribunal), in M.V.O.P.Nos.542 and 459 of 2002. whereby the Tribunal allowed both the claim petitions and awarded a total compensation of Rs.4,00,000/- i.e., Rs.3,00,000/- was awarded in O.P.No.542 of 2002 filed by the minor daughter and husband of the deceased and Rs.1,00,000/- in O.P.No.459 of 2002 filed by the parents of the deceased on account of the death of the deceased Lakshmi in the motor vehicle accident occurred on 03.07.2002.
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For the sake of convenience, the parties herein are referred to as arrayed in the Tribunal.
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These appeals are filed by the Commanding Officer, Owner of Military Van Bearing No.87C-48325P involved in the accident
and the Secretary, Union of India, represented by Ministry of Defence mainly challenging the quantum of award passed by the Tribunal on the ground that the Tribunal has taken the income of the deceased at Rs.90/- per day without any basis and that the deceased was only earning Rs.60/- or Rs.70/- per day.
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The claimants examined PW.3, employer under which the deceased lakshmi was working as labourer. In the evidence, he has stated that the deceased was working under him for construction of water tank of the Government and was earning Rs.100/- per day. Considering the evidence of PW.3, the Tribunal has taken the income of the deceased at Rs.90/- per day, which is just and proper. Inasmuch the deceased being a skilled labourer working under PW.3 for construction of the water tank, there are no reasons to take a different view with regard to the income of the deceased. The Tribunal after considering the income of the deceased at Rs.90/- per day deducted one-third towards personal expenses and applied the appropriate multiplier "17.95" and awarded just and reasonable compensation of Rs.4,12,720/- and restricted the claim as prayed for by the claimants for Rs.4,00,000/-.
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Having regard to the above facts and circumstances of the case, I do not see any reasons to interfere with the award passed by the Tribunal. Therefore, the appeals are liable to be dismissed for lack of merits.
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The appeals are, accordingly, dismissed. There shall be no order as to costs.
Date: 20.11.2013 V.SURI APPA RAO, J kvrm
___________________
THE HON'BLE MR JUSTICE V. SURI APPA RAO
MACMA NO. 252 and 368 OF 2007
DATE: 20.11.2013