The High Court · 2025

"oru",. SRI. T MAHENDER RAO : SRISRIDHARLoNKALA sposar of the above 1 Between: 'R:iYiyl.,1.0#ffi :yl$18"i,"ff;yJ:ffiJ,*:Iikli"!.,y,t?#i: , :-i,:'JiltE* s:,il1T...fl,1::il,?3,r#ll1#""1:,."r"f ' ffixr,^rsj,"B: is,l:, fjlHB:txT##.+"rd:#nor i,,o 11.30 r. S?i,[?H,r[:it t#H;rino|. i. rep by his mother and naturarsr rrdian, rhe ..,. Cross Objectors/Respondents 1 to 3 ir 4ACMA .,lll renr R,o rj 30, AND '301:1",ibi'lH".no"E},E$,.,H,:ymlifr RS,.:1.?J#":1, s Autorised re-41 j 006 ' Effi s[1 [a,,!,1ti ts,jl3rr"."gHdffi ;il,,,#T#; ; ffi:^ j', #i,#il##i, ii#r.t F#{,#,ir}ffi ;,, ,, +.7 ift :iitjffj"is;.;:H,*,.,,,q,::lm#IH,x*a i I I I I l TIIE HON'BLE JUSTICE MOUSHUMI BIIATTACIIARYA AND THE HON'BLE WSTICE CADI PRAVEEN KUMAR I.A.NO.6 OF 2Ot7 (CROSS OBJECTTON (SRl NO.24377 OF 2017) IN/AND M.A.C.M.A.NO.833 0F 201 7 Mr. Sridhar Lokala, leamed counsel appearing for thc Cross Objectors Mr. T. Mahendar Rao, leamcd counsel appearing lor thc respondent No. I /appellant COMMON JUDGMENT i (Per Hon'trle Justice Moushumi Bhattacharya)

1. An Award dated 14.06.2025 passed by the Lok Adalat in M.A.C.M.A.No.833 of 2Ol7 is placed before us.

2. By the said Award, the Cross_Objectdrs/ claimants were permitted to withdraw their respective amounts as per the Award passed by the Tribunal. The Award further records that the Authorized Representative of the respondent No. I /appellant (lnsurance Company) stated that the Insurancc Company had decided not to pursue the present Appeal and withdrawn the Appeal. Paragraph 5 of the Lok Adalat Award datcd 14.06.2025 lurthcr records that the parties would have the tiberty to seek recall of this Award if they subsequently come to know about fi ling of Cross-Appeal/ Cross-Objection.

3. The Appeal arises fronr a judgment dated Og. 12.2016 passed by the Motor Accident Claims Tribunal_cum_Ill Additional District Judge, Asifabad, in O.p.No.t62 of 2015. By I I 2 the said judgment dated 08.12.2016, rhe Cross- Objectors/ claimants were awarded Rs.33,23,S0() _.

4. As things stand now, the Appeal filed b.r the Insurance Company wzrs withdrawn and the claimants hlc filed Cross- Objections. 5 We have heard learned counsel appearing ri r the parties

6. Learncd counsel appearing for responclent No. I / Insurance Company has assisted the Cor.r;.r with relevant facts in the absence of suitable representation lrlin e on behalf of the Cross-O bjectors/ claimants.

7. Learncd counsel appearir:g for respondent No.1/lnsurancc Company fairly submits that the Cr.oss_ .OQjectorslcJa imants are entitled to their claim o[.57o pursuant to the decision of the Supreme Court in NatiLn al Insurance Compang Limited Vs. pranag Setlit . The Supr I ne Court., at paragraph 59.3, held that if the deceased is betu.e:n the age of 50 to 6O years, the addition should be 15% of thr rctual salary of the dcceascd towards future prospects. 8 Admittedly, in the present case, the deceasr:rl was aged 50 years at the time of the accident. The Tribunal a I o found the deceased between the age bracket of 5O-6O years ( \ '1zorz1 re scc oso \

9. By reason of the fair stand taken on behalf of the respondent No.1/Insurance Company, we deeom it fit to dispose o[ the Cross-Objections by holding that the Cross_ Objectors/claimants are entitled to the additional 15yo of the actual salal/ of the deceased. 1O. Counsel for both parties have made their respective calcuiations as to the enhanced amount to be paid to the claimants. 1L The appellant shall pay Rs.4,6g,2g7.5o along with interest @ 7.5% per annum from the date of the order i.e., 04.12.2016. The said amount shall be deposited bcfore the Tribunal within eight weeks from today.

12. M.A.C.M.A.NO.833 of 2077 is dismissed as withdrawn in terms of the Lok Adalat Award dated 14.06.2025. I.A.No.6 OF 20 17 (Cross-Objection (SR) No.2a37T of 2OtT) is disposed of. All other connected applications shall stand disposed of. There shall be no order as to costs. Sdl Mohd. ISMAIL DEPUTY REGISTRAR //TRUE COPY// ECTION OFFICER To, Asifabad.

1. The Motor Accidents Claims Tribunal-cum-lll Addition a District Judge, 2 One CC to SRl. T MAHENDER RAO Advocate [OPUC] 3 One CC to SRl. SRIDHAR LONKALA Advocate [OPUC] 4. Two CD Copies I (Along with copy of the award of Lok Adalat) HIGH COURT DATED:1910812025 ...--.-- / .-..- ' .'-t' -, / / .. X 1 L;;t', ffi '\'- ;' COMMON JUDGMENT \ l.A.No. 6 OF 2017 (CROSS OBJECTIONS No.24377 OF 2C'' 7) IN/AND MACMA.No.833 of 2017 DISPOSING OF THE I.A.NO.6 OF 2OI7 DISMISSINC THE MACMA da l* HI(JN LUUK I LEUAL )EKY ILE) !9\,rn'VT I T E.E FOR THE STATE OF TELANGANA, HYDERABAD. [Under Section 19 of the Legal Services Authorities Act, 1 987 (Central Act)] Date:14-06-2025 Present:1.Hon'ble Sri Justice Laxmi Narayana Atishetty, (Judge, Hon'ble High Court for the State of T€lin8ana) Chairman

2. Smt. B.Kavita Yadav, Advocate, Member M.A.C.M.A.No.833 of 2017 (Before the Hon'ble High Court) AGAINST , O.P. No.162 of 2015' Otd.O.P.No.255/2 012 on the fite of Prt.Dist. Cou rt (on the fite of the (M.A.C.T) lll Addt. District J udge, Asifabad) t Fo, o\ Between:- Bajaj Attianz Genera[ lnsurance Co. Ltd., Rep. by its Authorised Signatory, Regd. office, GE Plaza, Airport Road, Yerwada, Pune-411 006. ...AppellanURespondent No.2 AND 1. Deevi vijaya Laxmi, W/o. Upender Nath, Age: 46 years, Occ: Housewife, R/o.Tl -30, T.Nagar, Near Saibabd Tempte, Mandamarri, Aditabad district.

2. Deevi Sharath Chandra Suryadev, S/o. Upender Nath, Age: 22 years, Occ: Student, R/o.TI-30, T.Nagar, Near Saibabd Tempte, Mandamarri, Aditabad District'

3. Deevi Dyanesh Nath, S/o. Upender Nath, Age: 16 years, Occ; Student, R/o.T1-30, T.Nagar, Near Sai'babd Tempte, Mandamarri, Aditabad District' (Minor)' (Respondent No.3 being minor is rep. by his mother and natural guardian, the respondent No' 1 herein) ..... Respondents/Petitioners

4. Fomento Karnataka lvlining Company Pvt. Ltd', Rep. by Maria Susainatham, owner of Bolero, R/o. Case De Sot, opp: Marriots, Miramar, Panaji, North Goa - 403 001' AWARD ... RespondenURespondent No' 1 1 This is an appeat fited by the Appettant/ lnsu rance company chatlenging the order d;ted 08_12_2016 passed in o.p.No.162 of 2015 (otd.o.p.No.255/2012 on the fite of Prt.Dist.Court) by the (84,!.T) lll Addt' District Judge, Asifabad. I UUJ t{ eJ*t o ") ,1 I I \\,. 2. Sri K.Dhanvanth sr. tegaL officer - The Authori;:r d representative of'- -!'' AppetLant/ lnsu rance Company has appeared and -r presented that the lnsuranceCompanydecidednottopursuethepresen..ippealandtherefore they are withdrawing the aPPeat.

3. The said representation is recorded and the app :a[ is dismissed as withdrawn, confirming the judgment and decree D the Court/Tribunal betow'Theamount,ifany,rema.iningunpaidtotheclaimant(s)shatl.be deposited by the lnsurance ComPany within one mor th from the date df receipt of the award, atong with interest' On such deposit, the Respondent/Ctaimant(s) is/are I rrmitted to withdraw as per the av ard Passed bY the his/her/their respective amount/s /i), Tribunat/fi1ACT. ln case, the Parties subsequenttY appea[/cross objection, theY are to know , bout filing of cross tiberty to seek recall of this Order/Award. Court fee paid on this appeal shalt be refunded' No costs. 5 6 7 r or tsajaj A enerat lnsurance Co. ltd. IAuthoriseC Signatory Appettant/2nd ResPondent lnsurance Com w CHAIRAAAN t lo(-) vicEa tv\l R t tee) t Fo, the Co lite SU\o o\