The High Court · 2025

Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings of the execution of the Judgment and decree passed in MVOP No.154 of 2016, dated 2110612022, on the file of ll Additional District Judge, Karimnagar pending disposal of the above appeal in the interest of .lustice. lA NO: 1 OF 2024 Between: 1 2 AND 1 2 Ka.nagandla @ Kangagalla Shankaraiah, S/o.Mallaiah, Age 56 years, Occ Labour. Kanagandla @ Kanagalla Laxmi, Wo.Shankaraiah, Age 50 years, Occ. House hold. Both are R/o H.No.2-24, Bejlenki X Ro1d, H/o.Muthannapeta, Bejjenki Mandal, Kanmnagar District, presently R/o.H.No.3S-206, Adarshnagar, Karimnagar. ...Petitioners/Respondents No.1 & 2 Shriram General lnsurance Co.Ltd, Branch Manager, Head Office, lll, E_g RIC lndustrial Area, Sitapur, Rajastan State, Rep. by Legal Managar, H.No.3_6_ 517 , 4th Floor, Sai Datta Arcade, Street No.6, Himayathnagar, Hyderabad. B Lrngaiah @ Lingam, S/o. Lingaiah, Aqe Maior. Occ. Driver of Lorrv No. TS02UA4573 (SML prestige J!ppgr), R/o.H No.9_5-70, Mohina;r; Siddrpet Town and Mandal of Meilak Disirici. 3 Pulluri Manohar, S/o.Chandramouli, Age 50 years, Occ. Owner of Lorrv bearrng No I_S-02-UA-4573, R/o.Thotapally Village, Bejjenki Mandat, ' Karrmnagar District. Note Respondent Nos 2 and 3 are not necessary parties to this petition. Hence no notice is necessary in this l.A. ...Respondents/Res pondent No.3 & 4 Petition under Section 151 of cpc praying that in the circumstances stated in the affidavrt filed in support of the petition, the High court may be pleased to vacate the interim stay order passed in lA No. 3 of 2023 dated oi-02- 2023 rn MAC^/A No '128 of 2023 to enable the petitioners herein/Respondents No.1 & 2 in the above appeal to withdraw the amount of compensation awarded to the Petrtroners herein in the MVop No.154 of 20.16 on the file of the Learned chairman. \4ACT cum lt Additional District Judge at Karimnagar in the interest of justrce and eq u rty. Counsel for the Appellant: SRI KONDADI AJAY KUMAR Counsel for the Respondents: SRI RAMACHANDAR RAO VEMUGANTI The Court made the following: JUDGMENT THE HON'BLE SMT. JUSTICE RENUKA YARA M A.N 20 JU DGM ENT:- This is an appeal preferred by the appellant/Insurance Company aggrieved by the order, dated 2l'06'2022 passed in M.V.O.P.No.154 of 2016 by the learned Chairman, Motor Accident claims Tribunal-cum-lI Additional District Judge, Karimnagar (for short,'the Tribunal').

2. Heard both sides. Perused the record' 3. The brief facts of the case are that the deceased Kanagandla @ Kanagalla Sravan Kuma[ a labourer, employed on a lorry bearing registration No'TS 02 UA 4573 (SML Prestige Tipper) was doing the work of loading and unloading sand' On 18.02.20r5 al about 9:30 P.M., the deceased along with his friends Shekar and Kanakaiah loaded the sand in the said lorry and were proceeding towards Siddipet for unloading the sand' On the way, between 22:00 hours to 22:45 hours when the lorry reached outskirts of siddipet, two lorries dashed each other and the accident occurred. In the said accident, the deceased died. Consequently, the parents of the deceased (claim petitioners) 2 filed the claim petition. The claim petitioners got examined PWs.1 and 2 and got marked Exs.Al to A10. The appellant/insurance company got examined D.Ws.1 and 2 and got marked Exs.81 to 83. Upon examining the oral and documentary evidence on record, the Tribunal awarded Rs.17,50,000/- with interest at 7.5o/o per annum. Aggrieved by the same, the present appeal is preferred.

4. In grounds of appeal, the appellant/Insurance Company contended that the Tribunal has not considered the legal ratio laid down in National Insurance Company Limited v. Pranay Sethi and othersr's case for adding future prospects and the legal ratio laid down in Sarla Varma v. Delhi Transport Corporation2's case, for reduction of 50o/o of income towards personal expenses when the deceased is a bachelor.

5. The Tribunal has taken the notional income of the deceased at Rs.7,500/- per month which comes to Rs.9O,00O/- per annum and the same need not be interfered with. To the said income, there is a need to add 40olo towards future prospects. t2017 AcJ 2zoo ' (zoog)o scc rz r I 3

6. The age of the deceased is 20 years' As per Pranay Sethi's case (supra 1), if future prospects at 4Oo/o is added to the annual income, the net annual income comes to Rs'1,26,000/- (Rs.90,000/- + 36,000/-)' If the said amount is multiplied by the appropriate multiplier '18' as per Sarla Varma's case (2 supra), the total compensation under the head of 'loss of dependency' would be Rs.22,68,OOO/-' The deceased was a bachelor.Therefore,50o/ohastobedeductedtowardspersonal expenses which comes to Rs.1l,34,OOO/-'

7. In addition, the respondent Nos.l and 2/claim petitioners areentitledtopaymentofRs'25,000/-towardsfuneralexpenses, Rs.10,000/- towards loss of estate. Further, the claim petitioners are entitled to Rs.44,000/- each towards loss of parental consortium.Intotal,theclaimpetitionersareentitledto Rs.12,57,000/-. In the result, M.A'C.M.A. is allowed reducing the 8. compensation amount awarded by the Tribunal from Rs.17,50,000/- to Rs. 12,57,OOO/- with interest @ 7'5olo p'a' from the date of petition till the date of realization payable by the appellant and respondent Nos.3 and 4 jointly and severally' On 4 such deposit, the respondent Nos. L and 2/claim petitioners are entitled to withdraw the same equally, without furnishing any security. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. SD/-A.SREENIVASAREDDY -z ASSISTANT REGIST //TRUE COPY// ECTION OFFICER To,

1. The Chairman Motor Accident Claims Tribunal-cumjl Additional District Judge, Karimnagar.

2. One CC to Sri Kondadi Ajay Kumar, Advocate IOPUCI 3. One CC to Sri Ramachandar Rao Vemuganti, Advocate IOPUC] 4. Two CD Copies ABK/PSI- HIGH COURT DATED: 10107t2025 JUDGMENT MACMA.No.128 ot 2O23 't E 'TA7 & 5 o t) 1B tlAH 2028 Gi 1l t cri " '' ALLOWING THE MACMA WITHOUT COSTS I \, iti(',I.t ,-j 134421 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MISC ELLANEOUS APPEAL NO: 128 OF 2023 Between: Shriram General lnsurance Co.Ltd, Branch Manager, Head Office, lll' E-B RIC lndustrial Area, Sitapur, Rajastan State' Rep- by Legal Managar, H No 36- 517,4th Floor, Sai O'atta Ar<hde, Street No.6, Himayathnagar, Hyderabad .AppellanURespondent No.3 AND

1. Kanagandla @ Kangagalla Shankaraiah, S/o-Mallaiah, Age 56 years, Occ Labour,

2. Kanagandla @ Kanagalla Laxmi, Wo.Shankaraiah, Age 50 years' Occ' House hold. Both are R/o.H.No.2-24. Beiienki X Road, H/o.Muthannapeta, Bejjenki Mandal, Karimnagar Districf, presently R/o.H.No.36-206, Adarshnagar' Karimnagar. ...Respondents/Petitioner No.1 & 2 3 B.Lingaiah @ Lingam, S/o. Lingaiqh, Age-l,t"iq No.TSo2UA7573 jSML Prestige Tippe_r), R/o.H Siddipet Town and Mandal of Medak District. r, Occ. Driver of Lorry .No.9-5-70, Mohinpura,

4. Pulluri Manohar, S/o.Chandramouli, Age 50 years, Occ Owne-r of .Lorry bearing No TS-02-UA-4573, R/o.Thotapally Viltage, Bejienki Mandal' Karimnagar District. ...Respondents/Respondent No. 1 & 2 Appeal Under Section 173 of Motor Vehicles Act against the Judgment and Decree in M.V.O.P.No 154 ol 2016 dated 21-06-2022 on the file of the Court of the Chairman Motor Accident Claims Tribunal-cum-ll Additional District Judge, Karimnagar. .ORDER. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decre6 of the Tribunal and the material papers in the MVOP and upon hg3ring the arguments of Sri K.Aiay Kumar, Advocate for the Appellant and of Sri Ramachandar Rao Vemuganti, Advocate for the Respondent Nos.1 and 2 This Court doth Order and Decree as follows

1. That the MACMA be and hereby is allowed reducing the compensation amount awarded by the Tribunal from Rs.17,50,000/- to Rs.12,57,000L with interest at the rate oI 7 .5 o/o per annum from the date of petition till the date of realization payable by the Appellant and Respondent No.3 & 4 jointly and severally.

2. That on such deposit, the Respondent Nos.l & 2/Claim Petitioners are entitled to withdraw the same equally, without furnishing any security.

3. That there shall be no order as to costs in this appeal. SD/-A.SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY' \ \ ECTION OFFICER To,

1. The chairman Motor Accident claims Tribunal-cum-ll Additional District Judge, Karimnagar.

2. fwo CD Copies ABK,/PSL HIGH COURT DATED: 1010712025 DECREE MACMA.No.128 ot 2023 o ( * HEI s 1 I u'q 1ulE P 4a oNATC * ALLOWING THE MACMA WITHOUT COSTS -.(