The High Court · 2025
Case Details
THE HONOI,]RABLE SMT. JUSTICE RENUKA IARA M.A.C.M.A.No.248 of 2025 JUDGMENT: Heard Sri K. Venumadhav, leamed counsel for the ap; ellants and Sri P. Bhanu Prakash, leamed counsel for respondent No.3' I" rrsed the entire record.
2. The present MACMA is filed seeking enhancement I 'compensation aggrieved by the award dated 18.11.2024in M.V.O.P.No'56 ol 2022 on the flte of the Chainnan, Motor Accidents Claims Tribun r -cum-Principal District Judge at Hanumakonda. The claim petition u z ; fi led by the appellants herein seeking compensation of Rs'52,00,000 on account of death of their son in a road traffic accident. Upon considc lg the evidence adduced by the appetlants, the Tribunal awarded t r mpensation of Rs.24,60,4671- with interesl at 7.Soh per annum. Aggri: 'ed by thc said award, the present appeal is preferred seeking : thancement of compensation with regard to compensation awarded L 'wards parental consoflium and loss of estate only.
3. The Tribunal awarded Rs.40,000/- towards pari rtal consortium without considering the time gap between the filing of tl e petition in the year 2017 and its disposal in the year 2024. For thc- ,aid tirne ;rcriod I I RY,J MACMA_248_2025 rnterest at 20yo is to be added towards the amount awarded towards parental consortium i.e., Rs.4g,400/_ each is awarded instead ofRs.40,000/_ each which is awarded by the Tribunal. Further, no compensation was awarded towards loss of estate which comes to Rs. lg,l50/_ after adding l0oZ enhancement for every three years. Therefore, in all the compensation is increased by Rs. 34,950/_ (Rs. 16,g00/_ i.e., enhancement in parental consortium to both the appellants and Rs.lg,l50/_ towards Ioss ofestate). 4. The Tribunal awarded interest at 7.5%o per annum on the compensation amount awarded and enhancement of interest is sought in the present appeal by the apperants. The said plea for enhancement ofinterest is not considered and the samc is rejected. 5 In the result, M.A.C.M.A. is partly allowed The compensation awarded by the Tribunal is hereby enhanced fronr Rs.24,60,467/_ to Rs. 24,,95,417/- with interest at 9%o per annum on the enhanced compensation from the date of petition till the date of realization. The enhanced compensation amount shalr be deposited by the respondents jointly and severa,y within a period of two months tiom the date of receipt of a copy of this judgment. On such deposit, the appellants are entitled to withdraw the entire amount as apportioned by the .lribunal. without 2 RY,J MACMA 248 2025 fumishing any security. There shall be no order as t() losts. Miscellaneous Petitions, ifany, pending in this appeal, shall stand clr sed. SD/ \.H.S.GOWRISHANKAR TSSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER (:7 To, at Hanumakonda(with record, if any).
1. The Chairman, Motor Accidents Claims Tribunal-crr .r-Principal District Judge 2. One CC to SRl. K VENUMADHAV Advocate [OPtl ) .( 3. One CC to SRl. P. BHANU PRAKASH Advocate 4. Two CD Copies GE/PSL UC] l P ) 3 6 t ,- t HIGH COURT DATED;09/09/2025 JUDGMENT MACMA.No.248 of 2025 1l ai, (. o( o 3 [ rAl'l 20?6 -z r, PARTLY ALLOWING THE MACMA WITHOUT COSTS ) 2c IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD ls442l TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL M ISCELLANEO US APPEAL NO: 248 OF 2025 Between:
1. Puwadu Suryanarayana, S/o Employee, Sathyanarayana, Age. 66 Years, Occ. Private
2. Puwada Nagalaxmi, Wo. Suryanarayana, Age. 56 years, Occ. Housewife, Both are R/o. H. No. 23175, Near Head Post Office, Nandyala, Kurnool District, Andhra Pradesh. Presently Residing at Bheemaram, Hanamkonda, Warangai Urban District. ...APPELLANTS/PETITIONERS AND
1. Joginder Singh, S/o. Hardial Singh, Age. 34 Years, Occ. Driver of the crime vehicle, R/o. Munak Khurd Village and Pbst, Hoshiarpur, punjab - 144 204. 2. Amarjeet Singh, S/o. Hardayat Singh, Age. Major, Occ. Owner of the crime vehicle, R/-o th-185, SLICE-2 VeerSwarkar Nag-ar, Raipur Diskict, Chaftisgarh State - 492 001. J The New lndia Assurance Company Limited, Represented by its Divisional 'No. Manager, Divisional Office, At H. 4-5-197, Second Floor, prodduturi complex' Hanamkonda' warangal city and ?.'.t['$ro* r=NTS/REspoNDENTS Appeal filed under Section 173 of M.V.Act, against Order and Decree dated 18.11.2024 passed in M.V.O.P No. 456 of 2022 (Otd M.V.O.p. No. 325 of 2017) on the filci of the court of the Chairman, Motor Accidents Claims Tribunal- cum-Principal District Judge at Hanumakonda. 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 argument of SRI K. VENUMADHAV, Advocate for the Appellant and none appeared for Respondents 1 & and SRI P. BHANU PRAKASH, Advocate appeared for Respondent No.3. This Court doth Order and Decree as follows:
1. That the Motor Accident Civil Miscellaneous Appeal t e and is hereby partly allowed.
2. That the compensation awarded by the Tribunal be ir d is hereby enhanced from Rs.24,60,4671- lo Rs.24,95,4171- with interest u t 9% per annum on the enhanced compensation from the date of petition till tlrr date of realization. 3. That the enhanced compensation amount shall e deposited by the respondents jointly and severally within a period of tw( months from the date of receipt of a copy of this judgment.
4. That on such deposit by the respondents, the appell;r rts be and are hereby entitled to withdraw the entire amount as apportioned i / the Tribunal, without furnishing any security- 5- That there shall be no order as to costs in this appeal. lfirue Copyll SD/. A.l'I S.GOWRI SHANKAR ASIS STANT REGISTRAR "' ,9 SECTION OFFICER To at Hanumakonda [with records, if any] 1- The Chairman, Motor Accidents Claims Tribunal-cum- r incipal District Judge 2. Two CD Copies. GE/PSL G.. I I HIGH COURT DATED:09/09/2025 DECREE MACMA.No.248 ol 2025 PARTLY ALLOWING THE MACMA WITHOUT COSTS