The High Court · 2025

Counsel for the Appellant: Sri Chalakani Venkat Yadav Counsel for the Respondents 1 & 3: None Appeared Counselfor the Respondent No. 2: Sri T. Saniay K. Singh The Court delivered the following: JUDGMENT ikt&f;d[!(E 1 THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA M:A.C.M.A.NO.227 OF 2021 JUDGME NT: This appeal is filed by the claimant, aggrieved by the order and Decree dated 11.03.2005 in o.P.No.620 0f 2004 (Old.O.P.No.890 of 2003) passed by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-ll Additional District Judge, Nalgonda, Suryapet (for short "the Tribunal") .

2. Fot convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal

3. Thr: case of the petitioners before the Tribunal is that on

12.04.20()3 at about 7:00 p.m., the deceased was going on his Scooter bearing No.AP-24-8-7234 from Kandagatla Village to his house at (otinaik Thanda and on the way, when he reached Kotinaik Thanda, the Auto bearing No.AP-7-X-5573 being driven by its driver in a rash and negligent manner at a high speed, dashed the Scooter of the dt:ceased, as a result, the deceased sustained grievous injuries and died while undergoing treatment in the hospital-

4. The: respondent No.1 rernained ex-parte. i I\ i i i I I I i 1 i ) h IJu I 2 MACMA No.227

5. The respondent No.2 has fired counter denying the averments of the- petition with regard to the occurrence of the accident, age, avocation and income of the deceased. lt is further contended that the driver of the auto did not possess varid driving license as on the date of accident and that their company is not riabre to pay any compensation 6 Based 9.n the above pleadings, trial court has framed the -!,: .: following issues for trial:- "7' whether the accident occurred due to the rash and negtigent driving by the diver of Auto bearing No.Ap_7_X_SSlii 2' wletler the petitioners are entitted for compensation, and if so, what is the amount and irom whom it shouu'ae coiiicieii- 3. To what retief?', -" .

7. To prove their case, petitioners got examined pws 1 & 2, Exs.A1 to 410 were marked. on beharf of the respondents, no orar evidence was adduced, but Ex.B1 was marked. B. Based on the evidence on record, the Tribunar has awarded a compensation of Rs.5,03,500/-. Aggrieved by the said award, the present appeal is preferred by the claimants.

9. Heard the submissions of sri sri charakani venkat yadav learned counser for the apperants and sri r. sanjay K. singh, leamed counsel for respondent No.2 I f,' 3 ETD,J MACMA No.227 2O2t

10. Leetrned counsel for the appellants has submitted that the claimant was a minor before the tribunal, the daughter of the deceasec on attaining majority, has filed the appeal. He further argued ttrat the tribunal has applied a wrong multiplier and has awarded low amount of compensation. He further argued that the just compensation amounts may be awarded under the heads of loss of consortium, funeral expenses and loss of estate. He therefore, prayed to enhance the compensation.

11. Leerrned counsel for the respondents on the other hand has argued that the tribunal has rightly awarded the compensation and that one of the claimants has filed this appeal and that the other claimants are arrayed as respondents in the petition. He further argued that the income of Rs.3,861/- is rightly taken by the tribunal and has computed the compensation and that in case if enhancen'rent is considered, it may be only with regard to the appellant herein and that the other claimants who are arrayed as responderrts need not be considered while allowing the appeal.

12. ln view of the above rival contentions, the points that arise for considera,.ion in this Appeal are as follows:- 1 Whether the compensation granted in favour of the appellant herein rslusf and reasonable? I I H 4 MACMA No.227

2. Whether the Order and Decree of the Tribunal need any 3. inbrterence ? To what retief ?

13. Point No.l: a) The deceased used to work as a virage secretary of Kandagadda Viflage. As per Ex.AS, his gross sarary is Rs.3,861/-, the same is taken by the tribunar, whire assessing the compensation and has also applied the right multiprier. Learned counsel for the appellant has stated that the appeilant is the daughter of the deceased in the o.p, she figures as petitioner No.2 who was aged 3 years in the o.p, now she is a major and attained the age of 20 years. she is the sore appeilant, whire the other petitioners are arrayed as respondents and shown as not necessary parties in the appeal. Therefore as far as the assessment of compensation is concerned, since the salary of the deceased and atso the multiplier and deduction are taken rightty by the tribunal, this court does not interfere with the said aspect. The petitioner is entifled to loss of consortium that is Rs.4g,400/- and the same is awarded. b) Therefore, the compensation to which the petitioner is entifled is calculated as Rs.S,51,900/- whire the Tribunat has granted Rs.5,03,500/- Thus, it is held that the petitioner is entifled for I I 'I I , --.-i i -:a-.':l-;--.::;H:+---- 5 ETD,I MACMA No.227 2021 enhancerrrent of compensation. Out of the said amount awarded by the Tribunal, Rs,1,00,0001 was granted to the share of the appellant herein who was the second petitioner before the Tribunal. Therefore, in addition to that she is entitled to an amount of Rs.48,4001 towards loss of corrsortium. Therefore, Rs.1,48,400 is here share in the total compensation amount Hen,:e, point No.1 is answered accordingly.

14. POll{T NO.2:- It is held that the order and decree of the Tribunal need to be modified u,ith regard to the quantum of compensation. This Court has enhanced the compensation to Rs.5,51,900i- from that of Rs.5,03,5001 i.e., awarded by the Tribunal. Poin,: No.2 is answered accordingly 't5. PO!l'lT NO.3: ln thr; result, the appeal is partly allowed, modifying the Order and Decree dated 11.03.2005 in O.P.No.620 of 2004 (Old.O.P.Nr:.890 of 2003) passed by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-ll Additional District Judge, Nalgonda, Suryapet, enhancing the compensation from Rs.5,03,500/- to Rs.5,51,900/-, and the enhanced amount of compensation shall carry interest @ 7.SYo per annum from the date of claim petition till (' ! i 6 MACMA No.227 realization. However, the interest for the period of deray, if any, is forfeited. The respondents are directed to deposit the compensation amount with accrued interest within a period of two months from the date of receipt of a copy of this Judgment after deducting the amount if any already deposited. on such deposit, the appellant is entifled to withdraw the amount as per her share that was ailotted by the Tribunal, without furnishing any security. No costs. Miscellaneous petitions, pending if any, in this appear, shail stand closed. Sd/. MOHD. ISMAIL DEPUTY REG //TRUE COPY/ OFFICER To, 1 The Motor Accidents Claims Tribunal-cum_ll Nalgonda at Suryapet. (with records) District Judge,

2. one cc to Sri chatakani Venkat yadav, Advocate topucl 3. One CC to SriT. Sanjay K. Singh, Advocate IOPUCI 4. Two CD Copies @ -F'- -.q - - -- . --- - ::. --t:r "-r:i:-i-..Ii:-..:t ;i-:_*:g,-ifr-i-::'F=+.-;;_-, - HIGH COTURT ETD, J DATED: 19/0912025 / t v iJu 4 I 0 Aff l'1 2026 4- J. Sr.; ,l: * JUDGMEItlT+DECREE MACMA.ttlo.227 of 2021 PARTLY ITLLOWING THE MACII,IA WITHOUT COSTS G) KS tofr-fte : I I i t r IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA MOTOR ACCIDENT CIVIL MISCE EOUS APPEAL NO:.227 OF 2021 Between Sama, D/o Late Amzad Afkhan, Aged 20 yrs, Occ- Student. r/o Kotinayak thanda, llapuram village, Chiwemula mandal, Nalgonda district. ...APPELLANT/PETITIONER AND 1.

4. N. Linga Reddy, S/o Achi Reddy, aged- Major, Occ- Fl/o Haliya Village of Anumula mandal, nalgonda district. (Owner of Auto bearing No- Ap-7-X-5573), The New lndia Assurance Company Ltd, Branch Office, Prakasham Bazaar, Nalgonda town and district. Represented by its Branch Manager (Policy Cover Note No.277058, Valid from 05/1 1/20021o 411112003). Md. Hameeda Bhan, Wo Jani Afkhan, Age- 55 years, Occ- Nil, R/o Kotinayak thandarn H/o llapouram Village of chiwemla mandal, Nalgonda District. Md. Mahimuda, W/o Late Amzad Afthan, Aged 37 yrs, Occ- Housewife. Najiya Thabassum, D/o Late Amzad Afkhan, Aged about 16 yrs, Occ- Student. Respondent No. 4 and 5 are r/o Kotinayak thanda, llapuram village, Chiwemula mandal, Nalgonda district (new suryapet diskict). (Respondent No'4 and 5 are not necessary part'F3lo=*rar*EspoNDENTs Appeal filed under Section 173 of Motor Vehicles Act against the Order and Decree dated 'l 110312005 passed in M.V.O.P.No. 620 of 2004 (Old O.P.No. 890 of 2003) on the file of the Court of the Motor Accidents Claims Tribunal-cum- ll Additional District Judge, Nalgonda at Suryapet. 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 Chalakani Venkat Yadav, Advocate for the appellant and Sri T. Sanjay K. Singh, Advocate for the Respondent No. 2 and none appeared for Respondent Nos. 1 & 3 either in person or by Advocate. This Court doth Order and Decree as follows:

1. That the MACMA be and hereby is partly Allowed; ,t I n.

2. That the compensation amount awarded by the tribunal be and hereby enhancr:d from Rs.5,03,500/- to Rs.5,51,900/- and the enhanced amount of compensation shall carry interest @ 7.5% per annum from the date of claim petition till realization;

3. However, the interest for the period of delay if any, is forfeited; 4. The resl:ondents be and hereby directed to deposit the compensation amount with accrued interest within a period of two months from the date of receipt of _ q copy c'f this judgment after deducting the amount if any already deposited; 5. On suclt deposit, that the appellant be and hereby entitled to withdraw the amount as per her share that was allotted by the Tribunal, without furnishing any security; 6. That save as aforesaid, the decree of the Tribunal shall stand confirmed in all 7. That the'e shall be no order as to costs in this appeal. other aslrects; and /TRUE COPY// Sd/. MOHD. ISMAIL PUTY REGISTRAR N OFFICER To,

1. The Motor Accidenls Claims Tribunal-cum-ll Nalgonda at Suryapet. Additional District Judge,

2. Two CD Oopies HIGH CCIURT ETD, J DATED: '1910912025 DECREE MACMA.[\1o.227 0f 2021 PARTLY ALLOWING THE MACIUIA WITHOUT COSTS JKS rc f-'l>-e / $ i1.7