The High Court · 2025

Gounsel for the Appellants: Smt. J. Sandhya Rani Counsel for the Respondent No. 2: Sri Hari'nath Reddy Soma The Court delivered the following: JUDGMENT THT HONOT'RABLE SRI WSTICE C.V.BIIASKAR REDDY M.A.C.M.A.No.359 of 2O 19 JUDCiMENT: This appeal is liled by the appellants/claimants seeking enharrcement of compensation awarded in O.P.No.44 6 of 2017, dated 18.01.2019 by the learned Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, at Mahabubnagar (for short "the Tribunal"), whereby the Tribunal awarded a total compr:nsation of Rs.5,80,000/- as against the claim of Rs.10,OO,0OOI- for the death of Smt. Meedigeri Jayamma in a motor vehicle accident.

2. For the sake of convenience, hereinafter, the parties will be referrt:d to as they were arrayed before the Tribunal.

3. The case of the claimants is that on 06.08.2017, the decear;ed went to Makthal to purchase household articles and was returning to her village Jaklair in an auto bearing No. AP 22 X

6846. When the said auto reached the outskirts of Kachavar village, a lorry bearing No. AP 2l X 9614, driven by its owner-cum- driver (respondent No.l) in a rash and negligent manner, came at high speed and dashed the auto. The deceased sustained grievous injuries and succumbed to death while und,ergoing treatment at Gandh i Hospital, flyderabad. The police registered a case against ,lii 2 respondent No.1 for the offences punishable under Sections 30'l-A and 337 IPC. The claimants, being the husband and children of the d.eceased, filed the claim petition under sectjon 166(1)(c) of the Motor Vehicles Act claiming Rs.1O,00,OOO/- as compensation. The Tribunal, after full-fledged enquiry, awarded Rs.5,80,000/- with interest at go/o per annum. Aggrieved by the quantum of 't'-Compensation, the claimants preferred the present appeal seeking enhancement.

4. Heard the learned counsel for the appellants/claimants and the learned Standing counsel for respondent No.2/lnsurance Company and perused the record.

5. There is no dispute with regard to the manner of the accident or the liability of the respondents. The only point that arises for consideration is whether the compensation awarded by the Tribunal is just and reasonable. The Tribunal took the monthly income of the deceased notionally at Rs.5,000/-, deducted one- third towards personal expenses, applied multiplier '13', and arrived at Rs.5,2O ,OOOI- towards loss of dependency. The, Tribunal furttrer awarded Rs.3O,O00/- towards loss of love and affection, Rs.2O,OOQ/- towards funeral expenses, and Rs.1O,O00/- towards transportation, totalling Rs.5,80,OO0/-. 3

6. As per Ex.A2-Post Mortem Certificate, the deceased was aged 49 yr:ars. The deceased was working as a coolie, and the monthly incorne of Rs.5,OO0/- taken by the Tribunal appears reasonable. Howr:ver, as per the law laid down by the Honble Supreme Court in Nztional Insurance Co. Ltd.. v. Pranag Sethll, 25o/o of the incorre is to be added towards future prospects as the deceased was below 50 years of age. Thus, the monthly income comes to Rs.6,25O/- (Rs.5,O00 + Rs.1,250). The annual income would be Rs.Tii,OOO l-. After deducting one-third towards personal expenses, the annual contribution to the family comes to Rs.50,0OO/-. Appl5'ing the multiplier '13' applicable to the age group of 46-50 years as per the decision in So,rla Vertna a. Delhl lYansport Cotp'oration2, the loss of dependency comes to Rs.6,50,OOOl- (Rs.SI),OOO * 13).

7. Sofaras the compensation under conventional heads is concerned, the Tribunal awarded Rs.30,0OOl- towards loss of love and affection, Rs.20,OOO/- towards funeral expenses, and Rs.10,ooo/- towards transportation and the same does not require any interference. Thus, the total compensation comes to Rs.7,.LO,OO0/- (Rs.6,50,OOO + Rs.3O,OO0 + Rs.20,0OO + Rs.10,OOO). t(2017) r6 SCC 680 2QOOq\6 SCC 121 \ \ 4

8. In the result, this appeal is partly allowed and the award dated 18.01.2019 passed in O.P.No.446 of 2Ol7 by the Tribunal is modilied, enhancing the compensation from Rs.5,80,0OO/- to Rs.7,10,000/-. The enhanced compensation shall carry interest at

7.5% per annum from the date of petition till the date of realization The respondent Nos.l and 2 shall be jointly and severally liable to deposit the total compensation amount within trvo months from the date of rcceipt of copy of this judgment. On such deposit, the claimants are entitled to withdraw their respective shares as per the apportionment made by the Tribunal. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. Sd/. M. JAWAHAR ASSISTANT //TRUE COPYII SECTION OFFICER To, 1 2 claims Tribunal-cum-principar Districr Judse, il,:?rm?';:n$""io"nts One CC to Smt. J. Sandhya Rani, Advocate [OpUCJ One CC to Sri Harinath Reddy Soma, Advocate tOpUCI 3 4. Two CD Copies / / Aq T"$ \t $'\$ * *1:'"'i I HIGH GOURT CVBR, J DATEDT 1211112025 JUDGMENT+DECREE MACMA.l{o.3sg of 2019 PARTLY I\LLOWING MACMA WITHOUT COSTS JK r ef>/rc , IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 359 OF 2019 n Lingappa, S/o Yellappa, Age- S4years, Meedigeri Anjaneyulu s/o M.Lingappa, Age- 32years, Meedigeri Srinivasulu s/o Lingappa, Age- 27years, Yellappa, s/o Lingappa Age- 23years, Anjamma, d/o Lingappa Age- 17years, (Minor) under the guardianship of natural father i.e., Appellant No.1 . All are residents of Jaklair village, Makthal Mandal, Mahbubnagar District. ..APPELLANTS/CLAIMANTS 1 2 3 4 5 ENf,]

1. V. Sudarshan Goud, S/o Krisnaiah Goud, Age- Major, Occ- Owner-cum-Driver of the Lorry- r/o H.No- 5-53/Am, Serigood, Madhurpur, Farooqnagar Mandal, Mahabubnagar District.

2. M/s Reliance General lnsurance Co.Ltd., represented by its Legal Officer, 4th Floor, Sagar Plaza, Abids, Hyderabad. ..RESPONDENTS Appeal filed under Section 173 of Motor Vehicles Act against the order Dated 18-01-2019 in O.P.No.446 of 2017 on the file of the Court of the Motor Accidents Claims Tribunal-cum-Principal District Judge, at Mahabubnagar. 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 Smt. J. Sandhya Rani, Advocate for the appellant and Sri Harinath Reddy Soma, Advocate forthe Respondent No.2. This Court doth Order and Decree as follows: 1' Thattha MotorAccident civil ttlisceltaneous Appeal be and hereby is pargy a'owed and the award dt 1gr1t2o1g passed in o.p.No . 446 0f 2017 by the Tribuna is modified enhancing the compensation from Rs. s,80,000/_,; ;". 7,10,0001_; 2' That the enhanced compensation sha, carry interest @ 7.50/o p.a from the date of petition till the date of realization; 3' That the respondent Nos 1 & 2 shall be Joinfly and severally liable to deposit the total compensation amount within two months from the date of receipt of copy of ttris judgment; 4' That on s;uch deposit, the claimants are be and hereby entiled to withdraw their respr-'ctive shares as per the apportionment made by the Tribunar; 5' That save as aforesaid, the decree of the Tribunat shall stand confirmed in all other aspercts; and

6. That there shall be no order as to costs in this appeal. Sd/. M. JAWAHAR ASSISTANT REG REDDY ISTRAR /TRUE COPYII SECTION OFFICER To, ' il]?"mo5f:e,*ltid"nt" claims rribunal-cum-principat District Judge, at 2. Two CD Copies @ I l : , I i' Ii / l HIGH COURT J DATED i 1211112025 DECREE MACMA.ltlo.359 of 2019 - ARTLY ALLOWING MACMA WITHOUT COSTS $lr\'