The High Court · 2025

I.THIPIREDDYMANoHARREDDY'S/o-RamReddy,Aoe.43Years'occ- Business, owner_cum-RidJi"#iij"Ji-srirne rvtotor6yctd No.AP-o1 -AG-238, Hl,J'i'--e-rhatiA, snaitrinagar, Nirmal, District- Adilabad' 2 Theorientallnsuranceco.Ltd.,,RepbyitsBranchManager,Branch. ...REspoNDENTsrREspoNDENTs Vinayaknagar, Nizamabad Counsel for the Appellants : SRl. KONDADI AJAY KUMAR Counsel for the Respondent No.1 : - Counsel for the Respondent No.2 : SRI B. YUVARAJ The Court mad,: the following: JUDGMENT HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY M.A.C.M.A.No. 1O6 of 2019 JUDGMENT: Being not satisfied with the quantum of compensation awarded in the judgment and decree dated l4.O2.2OlB passed in M.V.O.P. No.186 of 2Ol4 by the Chairman, Motor Accidents Claims Tribunal, Adilabad-cum-l Additional District Judge, Adilabad (for short "the Tribunal"), the appellants/claimants preferred the present appeal.

2. Brief facts of the case are that the appellants, who are the wife and children of late Kurma (ral Golla Rajamallu (hereinafter referred to as "the deceased") filed M.V.O.P.No.186 of 2014 before the Tribunal, under Section 163-A of the Motor Vehicles Act, claiming compensation of Rs.5,0O,OOO/- with interest @ l8% per annum for the loss sustained by them due to the untimely death of the deceased in motor vehicle accident. It is stated that the deceased was aged about 55 years and was hale and healthy and was earning Rs.6,OO0/- by way doirrg agriculture field work. tt is further stated that on 17.05.2013 at about 8.30 a.m., while the deceased was proceeding on the road near Eidgaon X-road of Nirmal Town to go to his house, a motorcycle bearing No.Ap-01- AG-2358 being driven in a rash and negligent manner and high speed by its rider i.e., respondent No.l dashed the deceased from \ \ 2 opposite direction due to which, the deceased sustained grievous injurit:s rrnd succumbed to injuries on 22.06.2O13 r,vhile undergoins treatment. Before the Tribunal, respondent No. I remained ex parte and respondent No.2 i.e., Insurance Company filed counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim Petition.

3. Considering the claim of the appellants and the counter filed by respondent No.2, and on evaluation of both oral and documenl-ary evidence, the learned Tribunal has partly allowed the O.P. and awarded compensation of Rs.4,99,32O/- along wittr an interest thereon at 9o/o per annurrl from the date of the petition till the riate of the realization payable by the respondents I and 2 joint$ and severally. Challenging the same, the present appeal has been filed by the appellants seeking enhancement of the com'lensation.

4. Heard the learned counsel for the parties and perused the record S. Learned Counsel for the appellants would submit that compehsation granted by the Tribunal is meager and prayed to enhance the same. It is further submitted that as per the principles laid down by the Honble Apex court in lllational rnsurance / / 3 Compang Limited. us. Pro;nag Sethi and. otherst, the appellants are also entitled to the future prospects and also Rs.84,000/- (Rs.70,000/- + I0% enhancement for every thrce _vcars) under conventional heads.

6. On the other hand, learned Standing Counsel for respondent No.2 would submit that the compensation has been rightly granted by the Tribunal and the same need not be enhanced.

7. The finding of the Tribunal that the accident occurred due to rash and negligent riding of the offending motorcycle and that respondents 1 and 2 are joirrtly and severally liable to pay compensation to the appellants has become final, as the same is not challenged by the respondents.

8. Insofar as the quantum of compensation is concerned, even though the appellants claimed that the deceased was earning Rs.6,OO0/- per month and the evidence shows that the deceased was an able-bodied male engaged in coolie.work, the Tribunal has determined the monthly income of the deceased as Rs.3,OOO/- per month. However, having regard to the evidence on record and the prevailing rate for rural agricultural/coolic labour at the relevant time, this Court is satisfied that a notional monthly income of Rs.5,OO0/- is reasonable and proper to be adopted in place of the L 2017 ACJ 7700 4 Rs.30(10/- taken by the Tribunal. Thus, the notional annual incom,: of the deceased comes to Rs.6O,O00/- (Rs.5,0O0 x l2l. Furthr:r, the appellants are entitled to addition of 4Oo/o towards future prospects, as per the decision of the Hon'lcle Supreme Court in Pranag Sethi's case (supra). Therefore, annual income of the deceased comes to Rs.84,000/- (Rs.60,000 + 24,OOO). Since there are fiue dependents (wife, two sons and two daughters), even by follouing the approach of the Tribunal, if tTStt' is deducted towards personal living expenses of the deceased, his ,o,J annual contribution to the family comes to Rs.67,200/- (Rs.8a,000 - Rs.1(i,800). Since the age of the deceased was 55 years at the time of th,: accident, by adopting the appropriate multiplier of '1 1' as per Column .4 of the Schedule prescribed in Sarla Vermq. u. Delhi Transport Corporation o,nd anotherz, total loss of earnings comes to Rs.7,39,2OO/- (Rs.67,20O /- x ll).

9. As regards compensation under conventional heads is con<:erncd., it is apt to refer to the decision of the Hon'ble Apex Court in Pranag Sethi's case (1 supra), wherein it was held as follcws:- "Reasonable figures on conuentional heads, nannelg, loss of estate, loss o/ consortium and funeral expenses should be Rs. 1 5,OOO/ -, Rs.4O,OOO/ - and Rs. 1 5,0OO/ - respectiuelg. 7'he aforesaid amounts should be enhanced at the rate of I Oo/o in euery three years." ,(2009) 6SCC 121 5 Taking into consideration the aforementioned decision of the Hon'ble Apex Court, this Court is inclined to grant an amount of Rs.84,000/- under the conventional heads to the appellants. The compensation of Rs.5,000/- awarded by the Tribunal for transportation can be maintained. Thus, the appellants are entitled for total compensation of Rs.8,24,200/- (Rs.7,39,2OO1- + 84,OOOl- + Rs.5,000/-).

10. In the result, this appeal is partly allowed and the award dated 14.O2.2OI8 passed in U.V.O.p.No.taO of 2OL4 by the Tribunal is modified by enhancing the compensation from Rs.4,99,32O/- to Rs.8,24,200/-. The enhanced compensation shall carry interest at 7.5o/o per annum from the date of petition till the date of realization. The rest of the terms and conditions imposed by the Tribunal shall remain unaltered. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/. M JAWAHAR REDDY ASSISTANT REGISTRAR //TRUE COPY/', SECTION OFFICER To,

1. The Chairman Motor Accident Claims T I Addl District and Adilabad.(with records if any) rOUOnOt AJAY KUMAR Advocate [OPUC] YUVRAJ Advocate IOPUC] udge, SRI. Sessions J 2. One CC to 3. One CC to SRl. B. 4. Two CD CoPies GE/PSL Tw HIGH COURT DATED:191111:2025 JUDGMENT MACMA.No.106 of 2019 t l: ClF t. s5 t'$ $15 -',1i PARTLY AT.LOWING THE MACMA WITHOUT COSTS Jrc el-l>e [ 32e6 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY.THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY ACCIDENT CIVIL MI NE APPEAL NO: Between:

1. KORME @ KURME MALLAWA, Wo Late Kurma @ Golla Rajamallu, Age- 50 Yrs, OCc- Household, R/o Edigoan X Road, H.No.1-196/4, Nirmal Mandal, District Adilabad.

2. Kurme @ Kurma Mallesh,, S/o Late Kurma @ Golla Rajamallu, Age- 35 Yrs, Occ- Agiiculture Coolie, Ro Edigoan X Road, H.No.1-196/4, Nirmal Mandal, District Adilabad.

3. Kurme @ Kurma Mallesh,, S/o Late Kurma @ Golla Rajamallu, Agq--!8 Yrq, Occ- Agliculture Coolie, Ro Edigoan X Road, H.No.1-196/4, Nirmal Mandal, District Adilabad.

4. Ganem Mallubal @ Ganimela Mallawa,, Wo Rajeshwar, Agq 33 Yrs, Occ- Beedi Roller, R/ Cfiittapur of Balkonda Mandal, District- Nizamabad.

5. Jella Narsamma@Jalla Narsawa,, Wo Mallaiah, Age- 38 Years, Occ, Beedi Roller, R/o Ramnigar., Nirmal, District- OO"rOrSrraaLANT/'ETIT.ONERS AND'

1. THIPIREDDY MANOHAR REDDY, S/o Ram Reddy, Age- 43 Years, Occ- Business, Owner-Cum-Rider of Honda Shine Motorcycle No.AP-O1-AG-238, No 1-3-l24l2A,Shastrinagar, Nirmal, District- Adilabad.

2. The Oriental lnsurance Co.Ltd.,, Rep by its Branch Manager, Branch- ...RES'oNDENT./RE''.NDENTS vnayaknagar' Nizamabad Appeal filed under Section 173 of M.V.Act, aggrieved by the order and decree dated 14.02.2018 passed in O.P. No. 18612014 on the file of the court of the Chairman Motor Accident Claims Tribunal-cum- lAddl District and Sessions Judge, Adilabad and to grant enhanced compensation with costs. This aptreal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Lower Court and the material papers in the case and upon hearing the argument of sRl KoNDADI AJAY KUMAR, Advocate for tl'e Appellants and none appeared for Respondent No.1 and SRI B. YUVRAJ, Advo:ate appeared for Respondent No.2. This Court dolh Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and is hereby par y allowed.

2. That th(: compensation be and is hereby enhanced from Rs.4,9g,320/_to Rs.8,24 200/-.

3. That the enhanced compensation is hereby shall carry interest at l.5yo per annum kom the date of petition till the date of realization and the rest of the terms and conditions imposed by the Tribunal shall remain unaltered.

4. That there shall be no order as to costs in this appeal. llf rue Copyll To

1. The Chairman Motor Accident Claims Tribunal Sessions Judge, Adilabad.(with records if any) 2. Two Cl) Copie's. GE/PSL SD/. M JAWAHAR REDDY ASSISTANT REGISTRAR SECTION OFFICER - I Addl District and 'W HIGH COURT DATED:1911112025 DECREE MACMA.No.106 of 2019 HEI s ( C) * O 5 {I{B l,i?fr * PARTLY AI..LOWING THE MACMA WTTHOUT COSTS )KJ -'- I l,lo >6