The High Court · 2025

Naveen Kumar Pasham S/o Shankar Yadav, Age: Major, Owner of Two wheeler bearing No. AP 29 AU 6716, R/o H.No.4-7-18l23, Sri Sai Nagar, Nacharam, Hyderabad-500 076 ...RESPONDENT NO.6iRESPONDENT NO.1 t f i i J lA NO: 1 OF 2019 Petition under Sectron 151 CPC praying that in the ,ircumstances stated in the affidavit filed in support of the petition, the High Crt I t may be pleased to slay the operation of the order and decree dated.'l; 1r1-2018 passed in MVOP. NO.58912015 on the file of the Motor Vehicle Acoi: lnt Claims Tribunal- cum- XIIAdditional Chief Judge, City Civil Court, Sec'bad Counsel for the Appellant: Sri A. Ramakrishna Reddy Counsel for the Respondents: The Court delivered the following: JUDGMENT ) HON'BLE SRI JUSTICE C.V.BHASKAR REDDY M.A.C.M.A.No.273 of 2OL9 JUDGMENT: Thrs appeal, under Section 173 of thc Motor Vehicles Act, 1988, is iiled by the appellant-lnsuraucc Companl' challenging the judgment and decree dated 15.11.2018 passed in M.V.O.l'j.No.589 of 2015 by the Chairman, Motor Accidents Clairrs Tribunal-cum-XII Additior-ral Chief Judge, City Civil Court, at Secundcrabad (for short "the Tribunal"), rvhereby the Tribunal :irtarcled a total com pensatLon of Rs.14,30,000/- with interest at 9!z'o pcr annum from rhe daLe of petition till realization, for the death ol Raj Kumar Kharc (hereinaftcr referred Lo as "the deceased") in a motor vehicie accident.

2. The brief facts of the case are that on 19.O L2O1J the deceased, u,hile proceeding on foot near Arts College Bus Stop, Osmania Universit-v Campus, was hit by a trvo whcclcr bearing No.AP-29 AU- 67 16 berng driven in a rash and ncgligent manner, due lo u'hich the deceased fell down and sustained grievous injuries- Immediately he was shifted to Galdhi Hospital, Secunderabad, where he succumbed to injuries on 20.01.2O15, whiie undergoing treatment. Statlng that the deceased was hale and healthy, aged about 45 years as on the date ol accident and used to earn Rs.12,000/- per month, the wife, children, and mother of the deceased hled the aforesaid claim petition .-.? 3 seeklng compcnsation of Rs.18,00,0O0/- against the csp,rndsnl Nles.1 to 3, rvho are owner, insurer and driver of the crimc v rtriclc.

3. Bcforc the Tribunal, thc respondent Nos.1 t,r i] fi1cci coLrntcrs and opPosed LIte claim petition. The Tribunal, on ir I )i-ecL.t[r(]. .f or.al ar-id clocume.talry evidcnce on rccord, held that thc::cicrert oc:c.urrccl due to thc rzrsh and negligent nding of the motorcr,: e bv rest)ondcnl No 3and a,.r:rrded a total compensalion o: its. l4,30.OOt)/ Challcneing thc compensation as excessive, the ap1 :llatrt Inslrrance Cornpany fi1ccl rhc present appcal, 4- Learnr:cl Standing Counsel for the ap;,llar-il/.ir.rs.lrartr:e Cornpan' sr-rlrmitted that the Tribunal erred in takr g thc r,c.rrc .f the dcceaseci at Rs.8,000/- per month, in adding 25'l torr.arrls futurc prospects r"'irhout proof of income. It is further st l.itrccl rhat thc intcresl at 90,,i per annum awarded by the Tribunal i; excessive. ancl that the Hon'ble Supreme Court rn National Insut tnce Cotnpang Ltd. us. Mannat Johal and otherst held that Z.5o/n r:r annum is lhe reasonable rate of interest-

5. On perusal of the record, this Court is of the , pinion that the Tribunal has properly considered the evidence ,) r record wh e determining the income of the deceased, addition towards future L AIR 2019 SC 2079 i i I I 4 prospects, and amounts under various heads. The compensation awarded cannot be said to be excessive or arbitrary. Therefore, this Court is not inclined to interfere rvi[h the quantum of compensatron.

6. However, insofar as LLre rate of interest is concerned, the submission of the learned Standing Counsel merits consideration. The Tribunal awarded interest aL 9ok pcr annum. The Hon,ble Supreme Court in Mq.n.nr:'t Johal's case (supra) has helcl that the appropriate rate of interest in motor accidenl claim cascs shal bc 7.Sok per alrnum. The interest awarded at g.lo per annum is therefore Iable to be reduced.

7. In the result, this appeal is partly allolved and the impugne d arvard passed by the Tribunal is modified by reducing the rate of interest from 9o/o per annum Lo 7 .S% per annum. The rcmaining terms and conditions regarding apportionm ent, cleposit, and withdr:rwal 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 REGISTR //TRUE COPY// ECTION OFFICER To, 1 . The chairman Motor Accident claims Tribunal-cum-Xll Additional chief Judge, City Civil Court, Secunderabad.

2. One CC to Sri A. Ramakrishna Reddy Advocate [OPUC] 3. Two CD CoPies wAS t i. . ..; O '.1> \ $$i t ; ) ) ,.) HIGH COURT CVBR, J DATED: 2811112025 JUDGMENT+DECREE MACMA.N o.273 ot 2O19 PARTLY ALLOWED WITHOUT COSTS I .i .. Ii t t I l

4.u,l& \.k <fu' IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY EIGHTH DAY OF NOVEI\IBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 273 OF 2019 Between: The United lndia lnsurance Co. Ltd., Represented by its Legal Manager, Service HUB, 2nd FIoor, Church Building, Tilak Road, Abids, Hyderabad-sO0 001 ...APPELLANT/RESPONDENT No. 2 AND 1 2 K. Shanta Bai W/o Raj Kumar Khare, Aged about 40 years, Household K. Ravi Kumar S/o Raj Kumar Khare, Aged about 19 years, Student K. Ravindra Kumar S/o Raj Kumar Khare, Aged about '16 years, Student 4 K. Ravina D/b Raj Kumar Khare, Aged about 13 years, Student Parwati S/o Chunilal, Aged about 65 years, Oce: Nil (Respondent Nos.3 & 4 are minors and are being Represented by their Mother and Natural Guardian K. Shanta Bai i.e. Respondent No.1 herein) All are R/o H. No.5-3-390/3/D, Hyderbasti, Secunderabad ...RESPONDENT NOs. 1 to S/PETITIONERS 6 Naveen Kumar Pasham S/o Shankar Yadav, Age: Major, Owner of Two wheeler bearing No. AP 29 AU 6716, Rl/o H.No.4-7-1Bl23, Sri Sai Nagar, Nacharam, Hyderabad-500 076 ...RESPONDENT NO.6/RESPONDENT NO.1 Appeal filed under Section 173 of Motor Vehicles Act against the Order and Decree in tt/.V.O.P.No. 589 of 201 5 dated 1511 1 12018 on the file of the Court of the Chairman [Vlotor Accident Claims Tribunal-Cum-Xll Additional Chief Judge, City Civil Court, Secunderabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Court below and the material papers in the case and upon hearing the arguments of Sri A. i amakrishna Reddy, Advocate for the appella nt. This Court doth Order and Decree as follows

1. That the lVACtt/A be and hereby is partly allowed an( :he impugned award passed by the Tribunal is modified by reducing the ra.r of interest from g7o p.a. to 7.5% p.a ,

2. That the remaining terms and conditions regarding a ) )ortionment, deposit, and withdrawal shall remain unaltered;

3. That save as aforesaid, the decree of the Tribunal shal ;tand confirmed in all other aspects; and

4. That there shall be no order as to costs in this appeal. //TRUE COPY// sd/- 14 AQst JAWAHAR REDDY TANT REGISTRAR i \ \-_*-=-- SECTION OFFIGER To

1. The Chairman [\/otor Accident CIaims Tribunal-Cunr {ll Additional Chief Judge, City Civil Court, Secunderabad.

2. Two CD Copies AS \qr HIGH COURT CVBR, J DATED: 2811112025 DECREE MACMA.No.273 of 2019 PARTLY ALLOWED WITHOUT COSTS q.ed [r -. ,6"8"