As per the guidelines of the Honbre Apex court in dictum of s,,rra verma v. Dethi Transpot-t, cotporationrt if the deceased u/as married, I

Counsel for the Appellants: SRI J.KANAKAIAH Counsel for the Respondent No.2: SRI N.J.SUNIL KUMAR Counsel for the Respondent No.1:-- The Court made the following: JUDGMENT ) I I I i i I I I i THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No. 2OOL of 2OO9 JUDGMENT: This appeal is filed against the Order dated 26.09.2006 in O.P.No.al7o of 2OO2 passed by the Motor Accidents Claims Tribunal (District Judge) at Nizamabad.

2. The appellants/petitioners filed O.P.No.37O of 2OO2, claiming compensation of Rs.12,O0,OOO /- for the death of the deceased, Kunta Ashok in the road trafhc accident occurred on 25.09.2OO1.

3. The 'l'rial Court considering the oral and documentar5r evidence granted Rs.6,6O,0OO/- with interest @ 7.5o/o per annum from the date of petition to till the date of deposit. Challenging the quantum of compensation as meagre, appellants filed the present appeal.

4. The learned Counsel for the appellants/petitioners contended r,hat the trial Court ought to have seen that the claimants ilre dependants of the deceased and upon his death, the claimants have become destitutes as no other to look after them. The appellants have no source of income 2 petitioners except the income derived out of the rands beronging to the deceased and consequent upon the death of the deceased. 5' deposed that the deceased was curtivating his 7 acres of land and another 7 acres of rand of others and was earning Rs. IO,OOO/_ per month. As per Ex.A10, income certificate issued by p.W.3, the annual income of the deceased was Rs.1,g3,OOO / _ for the year 2OO,_O2. 6' As per the guidelines of the Honbre Apex court in dictum of s,,rra verma vs. Dethi Transpot-t, cotporationrt if the deceased u/as married, I / +tn of his income has to be deducted as there are 5 dependants and towards his personal expenses' Thus, the annuar income of the deceased after deducting personal expenses comes to Rs.1,37,2 SO/_ per annum and the Honbre Apex court in the dictum of Nqtionq'r rnSurance compang Limited. vs- prqnag sethiz, held that the future prospects of income of the self_employed deceased shall also be incruded in determination of the compensation' Thus, considering the age of the deceased, 40%o of the income has to be added towards future prospects and thus the amount wourd become Rs.1,g2,150/-. This sum ',1zoos16 scc l2l ' (2017) l6 SCC 680 J if multiplied with the multiplier applicable to the age of the deceased i.e.15, it would come to Rs.28,82,2501-. Thus, the appellants/petitioners are entitled to Rs.28,82,25O / - rlnder the head 'Loss of Dependency'.

7. Besides;, the appellants are also entitled for compensation under 'conventional heads'as prescribed in the dictum of Nqtional Insurance Conpang Limited Vs. Pranag Sethi, i.e., Rs.l5,OO0/- towards loss of Estate and Rs. 1 5,OOO/- towards funeral charges. B. Further, the Honble Supreme Court, by reiterating the comprehensive interpretation of 'consortium' given in the authority of Magma General Insurqnce Compang Limited vs. Nanu Ram Alias Chuhttt Rqlm & otherss, and in the authority betr,r,een tlnited India Insurantce Compang Limited us. Satind.er Kaur @ Satuinder Kqur and other#., fortified that the amounts for loss of consortium shall be awarded to the children who lose the ca.re and protection ol'their parents as 'parental consortium'and to the parents as, 'f,rlial consortium' for the loss of their grown-up children, to compensate their agony, love and affection, care '1zors1 18 scc r.lo * lzozo; 9 scc 644 4 and companionship of deceased children Accordingly, it is just and reasonable to award Rs.SO,OOO/_ as filial consortium, Rs.80,000/- towards parental consortium and Rs'4o,ooo/- towards spousar consortium to the petitioners. 9' Therefore, the appellants/petitioners are entitled for the compensation in the foltowing terms: 1 2 3 4 5 Loss of d ependency Con ventional Heads Filial Consortium Parental Consortium Spousal Consortium TOTAL Rs.28,82 ,2SO / - Rs.3O,O0O/- Rs.8O,0OO/- Rs.BO,00O/- Rs.4O,00O/- Rs.31,12,25,C7- 10' In the result, the appear is alrowed by enhancing the compensation amount frorn Rs.6,6o,ooo/- to Rs.3 1,12,250/- (Rupees Thirty one Lakhs Twerve Thousand Two Hundred and Fifty only) with interest at the rate of Z.svoper annum from the date of filing the petition till date of rearization. Respondent No.2 shal deposit the entire amount within a period of one month from the date of order. . on such Deposit, petitioner Nos.2 to s are permitted to withd.raw Rs'2 lakhs each and petitioner No.l is permitted to , 5 withdraw the balance amount with interest. The appellants/petitioners are directed to deposit the deficit Court fee on the enhanced amount. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD/. T.JAYASREE UTY REGISTRAR //TRUE COPY/ S OFFICER To, Nizamabad.

1. The Chairman Motor 2. One CC to Sri J,{{rtqigh, Advocate [OpUC] 3. One CC to Sri N.J.Sunii Kri-,iri,-aoro"bi" tbEUC; 4. Two CD Copies Accident Claims Tribunat_cum_ District Judge ASA{VB ,t 4 .F.,f;Y,.rer ] 4 I! E AS ,?:i w ,1: HIGH COURT DATED i0210512025 JUDGMENT +DECREE MACMA.No.2001 of 2009 .:r ;r?'v- HES 1 (J ? 5 !{illl 20?5 ,l?* ' ,l.l* '1 .a... l\r. - - --}4, ; 'Ii.fF.,.- a,ir" - ,l ALLOWING THE MACMA WITHOUT COSTS t'l I \ [ 3208 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2001 OF 2009 Between:

1. Smt. Kunta Satyamma Wo. Late Kunta Ashok Agriculture R/o. Thimmapur Village Mortadu Mandal, Nizamabad District.

2. Baby Kunta Swapna, D/o. Late Kunta Ashok Student R/o. Thimmapur Village lVlortadu Mandal, Nizamabad District.

3. Baby Kunta Santhi, D/o. Late Kunta Ashok Minor rep., by Mother K.Satyamma R/o. Thimmapur Village Mortadu Mandal, Nizamabad District. 4. Kunta Bhoomaiah, S/o. Chandranna R/o. Thimmapur Village Mortadu Mandal, Nizamabad District. 5 Smt. Kunta Gangu Village Mortadu Man Bhai, Wo. K. Bhoomaiah Household R/o. Thimmapur dal, Nizamabad District ...AppellanUPetitioners AND

1. Yousuf Bin Saleha, S/o. Saleha Bin Hasheem Owner of Mahindra Jeep Bearing No.AP 25lT-6109 R/o. Besides Government School Jakranpalli Village and [\Iandal, Nizamabad District.

2. National lnsurance Company Limited, rep., by its Branch Man Branch Manager, National lnsurance Company Limited H.No. Jawahar Road, Nizamabad Branch rager The 5-8-799t2, ..Respondents/ Respondents Appeal filed Under Section 173 of Motor Vehicles Act, against the Order and decree in M.V.O.P.No.370 of 2002 dated.26l09/2006 on the file of the Court of the Chairman Motor Accident Claims Tribunal-cum- District Judge, Nizamabad, This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Motor Accidents Claims Tribunal Nizamabad and the material papers in the Case and upon hearing the arguments of Sri J.Kanakaiah, Advocate for the Appellants and of Sri N.J.Sunil Kumar, Advocate for the Respondent No.2 and none appeared for the Respondent No.1. 7 This Court doth Order and Decree as follows

1. That the l\Iotor Accident Civil Miscellaneous Appeal be and hereby is allowed by enhancing the compensation amount from Rs. 6,60,000/- to Rs.31 ,12,2501- (Rupees Thirty One Lakhs Twelve Thousand Two Hundred and Fifty only) with interest at the rate of 7.5o/o per annum from the date of filing the petition till date of realization.

2. That the Respondent No.2 shall deposit the entire amount within a period of one month from the date of order.

3. That on such Deposit, petitioner No.2 to 5 are permitted to withdraw Rs.2 lakhs each.

4. That the petitioner No.1 is be and hereby withdraw the balance amount with interest.

5. The appellants/petitioners are directed to deposit the deficit Court fee on the enhanced amount.

6. That save as aforesaid, the Judgment and decree of the Tribunal shall stands confirmed in all other respects; and

7. That there shall be no order as to costs in this appeal. SD/- T.JAYASREE DE TY REGISTRAR //TRUE COPY// s OFFICER Accident Claims Tribunal-cum- District Judge, To,

1. The Chairman l/lotor Nizamabad. 2. Two CD Copies ASAIVB AW HIGH COURT DATED:0210512025 DECREE MACMA.No.2001 of 2009 ALLOWING THE MACMA WITHOUT COSTS 1 1f l\ \