G. SUJATHA Vs. K. VENKATESWARLU

JUDGEMENT

(1.) Though the impugned order is a common order passed in MVOP Nos.650 and 707 of 2003, the appellants-claimants have preferred this appeal assailing the order in MVOP No.650 of 2003 dated 22.1.2013, passed by the Principal District Judge, Kurnool, on the grounds that the Court below erred in applying the multiplier 11, even though the deceased was aged 36 years at the time of the accident; it erred in not granting any amount under the head pecuniary damages viz., loss of consortium, loss of love and affection etc., it erred in taking the income of the deceased Rs. 17,58,960.00per annum, though the deceased was working as Senior Software Engineer in Agrim Technologies Inc., Sam Jose, C.A., USA and was getting $91517 which comes to Rs. 42,09,782.00; it erred in not granting any amounts under the head future prospects, though the law is well settled that 50% is to be added to the actual salary; it erred in deducting l/3rd towards personal expenses of the deceased, though dependants are four in number and it erred in not granting any amount towards medical expenses though the deceased while undergoing treatment. On the above grounds, the appellants seek to set aside the impugned order.

(2.) Heard both sides.

(3.) The facts of the case, briefly, are that the deceased was a postgraduate in Technology and was working as a software engineer in USA. On 18.7.2003, the deceased was coming in a jeep along-with others from Chennai to Kurnool and when they reached near Venkatapuram Village on Allagadda - Nandyal Road, at about 10.30 a.m., the lorry bearing No.AP 16 T 4477 came from opposite direction in a rash and negligent manner and dashed against the jeep. The deceased sustained injuries and was shifted to Government Hospital, Nandyal, where he succumbed to injuries while undergoing treatment. The deceased was drawing a salary of $7500 per month and annual income of $91,517, which amounts to Rs. 42,09,782.00 approximately. The accident occurred while the deceased was returning from USA via Chennai to Kurnool, where his wife and children were residing.