The High Court · 2025

Judgment

6. Smt M.Hamsamma, W/o.Late Dastagiri Goud, Aged- 36 years, Occ- Household,Fl/o.Nagapur village, Sangareddy Mandal, Medak District M.Harish Goud,, S/o.Late Dastagiri Goud, Aged- 19 years, Occ- Student M Manish Goud,, S/o. Late Dastagiri Goud, Aged- 19 years, Occ- Student

M.Shirisha,, D/o.Late Dastagiri Goud, Aged- 17 years, Occ- Student Minor under the guardianship her natural mother Smt. M. Hansamma, Respondent No. 1 M.Ramulamma, WO Malla Goud, Aged- 58 years, Occ- Nil, M.Malla Goud, S/o.Laxma Goud, Aged- 70 years, Occ- Nil All are R/o.Nagapur village, Sangareddy Mandal, Medak District ... Respondents/Petitioners

7. Chakali Gopal,, S/o.Bikshapathi, Aged- 36 years, Occ- Driver of Tata lndica Car bearing No. AP-1'l-J-8023, R/o. H.No. 5-40, lndrakaran village, Patancheru Mandal, Medak District.

8. Abdul Khadeer, S/o.Abdul Rahim Aged- 35 years, Occ- Business, Owner of Tata lndica car bearing No. AP-1 1-J-8023 R/O H.No. 3-8-8lN1lE, Fayaz Nagar, Sadasivapet town and lvlandal, Medak District ... Respondents/Respondent Nos.1 & 2. Counsel for the Appellant : SRI RAMA KRISHNA MALLOJHALA Counsel for the Respondents : PALLE SRIHARINATH The Court made the following : JUDGMENT IN THE HIGH COURT FOR THE STATE OF TELANGANA AT TIYDERABAD THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY M.A.C.M.A.No.29 L of 2OL9 DATE: 1O.12.2O25 Between: The Manager, M/s United India Insurance Co. Ltd., Near New Bus Stand, Sangareddy, Medal< District. Smt. M. Hamsamma and seven others AND JUDGMENT: . -Appellant . Respondents The present appeal is preferred by the appcllant-lnsurance Company questioning the judgment and decree dated 07.09.20 18 passed by the Chairmal, Accidents Ciaims Tribun:rl-cum-Principal District Judge, Medak at Sangareddy (for short -the Tribunat") in M.V.O.P. No. 371 of 2015, whereby the Tribunal had arvarded a total compensation of Rs.13,56,250/- to the claimants (responclent Nos. I to 6 herein) for tl.e death of the deceased-M-Dashtagir in a motor vehicle accident. CHADA VIJAYA EHASKAR REDDY.," 2

2. The brit:f facts of the case are that on 26-02.2O15 at about 07:30 P.M. when the deceased was riding a motorcycle near T\rngamadugu culvert in the limits of Malkapoor, a car bearing registration No.AP-11- .1-8O23 drivcn in rash and negligent manner, dashed his motor cycle. As a result, the deceased sustained grievous injuries and died on

27.O2.2O15 whilc undergoing treatment at Gandhi Hospital. The police of Kondapur Police Station registered a case in Crime No. 19 of 20 15 under Section 3O4-A IPC against the driver ofthe crime vehicle. Stating that the sudclen demise of the deceased caused mental agony, the claimants (respondent Nos.l to 6 herein) i.e., the wife, children and parents of thc deceased filed the aforesaid claim petition before thc 'l'ribunzrl. against the driver, the owner and the insurer of the crimc ve hiclc, initiallv seeking compensation of Rs.10,00,OOO/- which rvas later enhanced to Rs.20,00,000/-, vide orders dated 11.01.2018 in I A.No. 1534 ol lO 17. .1. Beforc the -l'ribunal, respondent Nos.l and 2 i.e., driver and orvncr of th( ( rimc vehicle remained, ex parte. Respondent No.3 i.c.. insurer (appcllant herein) frled counter denying the averments of tlte clairn pctitiolr and contcnded that the amount claimed is excessive and prayed to disrniss the claim petition. After considering the oral and docurn<-'ntar y e r.idence on record, the Tribunal held that the accident occurred due to rash and negligent driving of the crime vehicle and a',vtrrded tot:rl compensation of Rs.13,56,25O/- with interest @7.Sokper cHADAVUAYA :'ilil;;lliiilfik.;li^ EHASKAR REDDY A" 3 annum in favour of the to the claimants (respondent Nos. i to 6 herein), payable by the respondents therein jointly and severally.

4. Considered the submissions of the leamed counsel for the parties and perused the record.

5. There is no dispute with regard to the finding of the Tribunal that the accident was caused due to the rash and negligent driving of the car and liability.

6. So far as the assessment of quantum of compensation is concerned, a careful examination of the record reveals that as regards thc income of the deceased, although no direct documentary proof was lurnished, the claimants relied on evidence that the deceased was doing toddy-shop business and motor-winding work; taking into consideration tlre rnarket data including licence and labour-department records about toddv-sellers' income, the Tribuna.l has rightly fixed the monthly income ot thc deceased and applied the appropriate multiplier and thus, ('omputed the loss of dependency at Rs.11,81,25O/-.

7. As regards compensation under conventional heads is concerned, it is apt to refer to the decision of the Hon'ble Apex Court in Natio,l.al Insurdnce Cotrtpc:rl.g Limited us. Pranag Sethi ond othetsl, wherein it rvas held as follows:- lo It AC.t 2700 cHADA vrrAYA ";iii'l',;i:flifJl3' BHASKAR REDDY o'r. -'o5 r2 ro ri 4 r, 4 "Raasonable ftgures on conuentional heol.s, nnmely, loss of eslaae, loss of consortium and funeraL expenses should be Rs. 15,OOO/', Rs.4O,OOO/ and Rs.15,OOO/- respectiuelA. The aJoresaid a ounts should be enhanced at the rate of 10% in euery three gcars." However, in the instant case, the Tribunal erred in av/arding inflated amounts under conventional heads i.e., Rs.1,OO,0OO/- for loss of consortium, Rs.5O,000/- for loss of love and alfection, Rs.2S,OOO/- for funeral expenses, totaling Rs.l,75,OOO/-. Taking into consideration the aforementioned decision, this Court is inclined to reduce the amount granted by the Tribunal under conventional heads from Rs.1,75,O00/- to Rs.84,000/ -.

8. In the result, this appeal is partly allowed, by reducing the compensation ar.r,ardcd bv thc Tribunal from Rs.13,56,25O/- to Rs.12,65.250/ . 'l'hc rest of thc impugned order shall remain unaltered. No order as to costs As a scquel. thc miscellaneous pctitions pending, if any, shall stand closccl. SD/. M.JAWAHAR REDDY ASSISTANT REGISTRAR \ \ ECTION OFFICER //TRUE COPY// I I To,

1. The Motor Accident CIaims Tribunal-cum-principl Judge, Medak at Sangareddy.

2. One CC to Sri Rama Krishna Mallolhala, Advocate IOPUC] 3. One CC to Sri Palle Sriharinath, Advocate IOPUCI 4. Two CD Copies SvsiPSI z11 lrd| ,-----7 z'-.- HIGH COURT DATED:1 011212025 \c) \t \tt lslt ! ..1 )n * UF.i,, JUDGMENT + DECREE MACMA.N o.291 of 2019 PARTLY ALLOWING THE MACMA L ) l'ih' I [ 32e61 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABD WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 291 OF 2019 Between : The Manager, M/s.United lndia insurance Co. Ltd., Near New Bus Stand, Sangareddy Medak District. Policy bearing No. 05140331 14P1056624080, valid trom 23.1 O.2O 1 4 lo 22.10.20 1 5 ...AppellanURespondent No.3 AND

1. Smt M.Hamsamma, W/o.Late Dastagiri Goud, Aged- 36 years, Occ- Household,RTo.Nagapur village, Sangareddy Mandal, Medak District 2. M.Harish Goud,, S/o.Late Dastagiri Goud, Aged- 19 years, Occ- Student 3. M Manish Goud,, S/o. Late Dastagiri Goud, Aged- 19 years, Occ- Student 4. M.Shirisha,, D/o.Late Dastagiri Goud, Aged- 17 years, Occ- Student Minor under the guardianship her natural mother Smt. M- Hansamma, Respondent No, 1

5. M.Ramulamma, W/O Malla Goud, Aged- 58 years, Occ- Nil, 6. M.Malla Goud, S/o.Laxma Goud, Aged- 70 years, Occ- Nil All are Fl/o.Nagapur village, Sangareddy Mandal, Medak District ... Respondents/Petitioners

7. Chakali Gopal,, S/o.Bikshapathi, Aged- 36 years, Occ- Driver of Tata lndica Car bearing No. AP-1 1-J-8023, R/o. H.No. 5-40, lndrakaran village, Patiancheru Mandal, Medak District.

8. Abdul Khadeer, S/o.Abdul Rahim Aged- 35 years, Occ- Business, Owner of Tata lndica car bearing No. AP-11-J-8023 R/O H.No. 3-B-8lN1lE, Fayaz Nagar, Sadasivapet lown and Mandal, Medak District ..Respondents/Respondent Nos.1 & 2. Appeal fited Under Section 173 of Motor Vehicles Act against the Judgment and decree in M.V. O.P.No. 371 of 2015, dated. 07.09.2018 on the file of the Motor Accident CIaims Tribunal-cum-Principle District Judge, Medak at Sangareddy. This Appeal 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 arguments of Sri Rama Krishna Mallojhala, Advocate for Appellant and of Sri Palle Sriharinath, Advocate for Respondents. This Court doth order and decree as follows: 'I . That the Motor Accident Civil Miscellaneous Appeal be and hereby is partly- allowed

2. That by reducing the compensation awarded by the Tribunal from Rs. 1 3,56,2501 to Rs. 1 2,65,2501.

3. That the rest of the impugned order shall remain unaltered. 4. That save as aforesaid, the decree of the tribunal shall stands confirmed in all other respects; and

5. That there shall be no order as to costs in this appeal. SD/- M.JAWAHAR REDDY ASSISTANT REGISTRAR //TRUE COPY// t \ SECTION OFFICER To,

1. The tVlotor Accident Claims Tribunal-cum-Principle District Judge, Medak at Sangareddy.

2. Two CD Copies S" si PS [- HIGH COURT DATED:1 011212025 DECREE MACMA.No.291of 2019 PARTLY ALLOWING THE MACMA rt N,,