The High Court · 2025

Counsel for the Appellant: Sri G. Srinivas Counsel for the Respondent Nos. 1 to 5 : Sri Md. Javeed f ussain The Court delivered the following: THFJ, HONOURABLE SMT. JUSTICE RENUKA YARA M.A.C.M.A.No.34l of 2023 .II]DGMENT: Hcard Sli N. Chandra Sekhar. leatrtcrl counscl fbr thc appellarrt ar-rd Sri Md. Javeed l{ussain, learned counsel lbl respbndcnt Nos- I to 5 ' Perused the entire record.

2. This is an appeal prefened by the appellant-APSR't'C aggrieved by the order d,ated 14.07.2022 passed b1' the Chairman, N'lotor Vehicle Accidents Claims Tribunal-cum-l Additional DistLict Judge, Karirr.rnagar, in M.V.O.P.No.94 of 2018, wherein conrpensation of Rs.i4, 13,600i- has been awarded with interest at 7.5o/o pel annum in a clairn petition tiled s""king compensation of Rs.50,00,000/- ti orn the appellant ar.rd respondent No.6 herein on account of injuries sustained and subscquent death of respondent No.I herein in a road tlafflc accident.

3. 'Ihe brief facts of the case are that the deceased/rcspondent No. 1 herein Mohammed Abdul Asadullah Khareem camc l-o Manakondur to look after his mother, who fell sick. During night hours, whcn the deceased along with his brother-in-law was shifting his mothel to hospital in an auto. The deceased was travelling on his motorcycle bearing No'AP I 5 AU 5161 . When he reached Sadashivapatli village comer, onc RTC bus bearing No.AP 25 Z OO}S coming from opposite direction in tash anci I{Y.J M,ACN4A 34I 2023 negligent rlannel while over takirrg another vehicle drrr hed the nlotorcycle of the deccased causing his fall resulting in grievous i riuries. l)ue to the said inj uries. the clcccased became bedridde n and aficlr-olongcd treatmcnt liorn 09.07.2017, he died on 07.05.2021. l'he claim []tition rvas filcd by the deceascd/r'cspondcnt No.l l'rerein and after l-ris dea-l his lcgal heirs i.c-., tespondent Nos.2 1o 5 were brought on record. I LLring his lifetrme, respondent No. I helein was examined as P.W. I and I) ' vs.2 to 6 have beer-t exarninecl in support of his case. Exs.A- I to I - t09 r.r,ere rnarked Rcspondent No.(r u,as exarnined as R.W. l, but rr r docutnetits u'erc erhibited. Upon crarnining the evidence adduced br: ,oth the parties, thc Triburral arvardcd cornpcnsation of Rs.34,13,600/- witlr interest at 7.5o/o per annum.

4. Aggrieved b-"- the said award, APSRTC filec the present appeal alleging that exorbitant compensation has been awarl:d by thc -lribunal, when thc accident occurred on 09.07.2oll and th: dcccased dicd on 07 .05.2021 i.e., after prolonged gap of three years ter rnonths. It is alscr contended that the age of the deceased was taken as .i ) years without an1, proof and income is taken as Rs.8,000/- per montlr rvithout any proof thereof. Further, jt is contended that there is no appreci rtion olthe fact that motorcycle ar-rd RTC bus have dashed in opposite di ection and there is contributory negligence or-r the parl of the deceased. \s per lix.A- I FIR 2 RY,J MACMA 341 2023 with complaint, there is negligence on the part of the deceased, but the 'llribunal relied upon the cvidence of P.W.l holding that the driver is responsible lor the acoident. Furlher, P'W 2 evidcnce is also not considcr.ed, which clearly- sho$,s that thelc is collttsiorl between two vehicles and therefbre, contributory negligence has to be taken into consideration. Lastly, it is pleadecl that the compensation arvarded ar-rd thc intercst both are excessive and exorbitant'

5. Firstly, coming to the aspect of the occutrence of the accident and thc dcath of the deceased after three years ten rnonths, the evidencc ou record shows that ever since accident, the deceased u'as alrvays undergoing the treatment at one hospital or another incuning hugc expenses o1- Rs. 14,00,000/- over the said period of three years ten months' The deceased had four brain surgeries and three operations to his left leg and he also underwent a surgery for reconstmction of skult such a sequeucc of events show that the deceased never recovered lrorn injurics sustained and was ailing liorn injuries' Therefore, the death of the deccascd cannot be detinked from the injuries sustained by him in the accident'

6. Coming to the amount of compensation awarded' out of total only towards medical compensation awarded, Rs.i4,00,0001 expenses. It is the case of respondent Nos' i to 5 that deceased had income 3 RY..I MACN4A 341 2{)2.3 - of Rs.30,000/- per month as he was proprietor of \ Ls. Hyderabad Car. Decars, Karimnagar. l{owever, the Tribunal has taker notional income of the deceascd at Rs.8,000/- per rnontl.r only. The poli: r record shows that the deccased u'as agcd about 30 years and his avocatic.r is not mcnl-ionecl. Since there is no *'idence about the avocation, thc - rib,r-ral has rightll, taken thc ,otio.al incorne ol the deceased at Rs.g.( ( 0/- per lnonth and thereby, calculatcd compensation to be awarded by adci rg futurc prospects_

7. on accourt til- injuries, proronged treatment anc leath, the I-ribunal has awardcd an arrou.t ol Rs.60,000/- towarcls tran; ,oftation and extra nourishment, Rs.i0,000/- torvards attendant charges. F s.70,000/_ towards loss o1'estate and Iuncral expcnses and Rs.1,20,000/- tov ards consortium to respondent Nos-2 to 5. 'rhis coufi sees no gr-ounds rr interfere with the cornpersation au a|deci by thc 1'ribuna[, as such the arr rcal is liable to he disnrissed. 8' In the result. the MACMA is dismissed confirmir g the award dated

14.07.2022 passecl b1'the Tribunal in M.v.o.p.No.94 ot 20rg. There shail be no ordcr as to costs. Misccllaneous applications, i1. ury, pending shall stand closed. //TRUE COPY// SdI 1I. JAWAHAR REDDY S ISTANT REGISTRAR \- --=--.-- \ SECTION OFFICER To, '1 . The Chairman, Ivlotor Accident Claims Tribunal-cum- I I dditional District Judge, Karimnagar.(With records) )

2. One CC to Sri G. Srinivas, Advocate [OPUC] 3 One CC to Sri Md. Javeed Hussain, Advocate IOPUC] 4. Two CD Copies (i" !..:. \ .i i:l I xi' \i$' x t- -_:) ):, i HIGH COURT DATED:10/09/2025 JUDGMENT MACMA.No.341 of 2023 DISMISSING THE APPEAL G .^Yel) rgY' \&- 'o<{)-t \o \"' I 134421 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MISCELL ANEOUS APPEAL NO: 341 OF 2023 Between: APSRTC, lr,4usheerabad, Hyderabad, Rep by its Managing Director, Bus Bhavan, Hyderabad. Erstwhile APSRTC now Known as TSRTC, in Pursuant to A.P.Re- Organisation Act 201 4) ...ApPellanUResPondent AND

1. Mohammed Abdul Asadulla Khareem, Sio.Late Sattar, Age. 30 years, Occ. Proprietor of Hyderabad Car Decor. 2 ilana Fatima, W/o. Late Mohammad Asadullah Kareem, Age: 32 years, Occ' Houeshold

3. Mohammad Rayaan, Sio. Late Mohammad Assadulla Kareem, Age: 12 years, Occ Student

4. fi/ohammad Zayaan, Slo. Late Mohammad Assadulla Kareem, Age: 10 years, Occ: Student

5. Ayesha Parveen, W/o. ltrlohammad Abdul Sattar, Age: 75 years, Occ: Houeshold (Petitioners No 2 to 5 are impleaded as per Order tn LA. No. 567 of 01, dated 26.11.2021) (Petitioners No. 2 to 5 are Rio. H No. 1 1-1 5, Manakondur Town and Mandal of Karimnagar District. ) ...RespondenUPetitioners AND 6 Md.Ayyub Khan, S/o.lvlohammad Yousuf, Age.43 years, Occ-RTC Driver, bearing Bus No.AP 25 Z 0098, Kamareddy Depot, R/o.H.No.1-14, Pitlam Village, Kamareddy district. ...RespondenURespondent Appeal filed under Section 173 of M.V.Act, agair st Order and Decree dated 14.07.2022 passed in lr/VOP No g4 of 2018 on th: f te of the court of the Chairman, I\.4otor Accident Claims Tribunal-cum- I Ad j icnal District Judge, Karimnagar. This appeat comrng on for hearing and upon p()r I sinq the grounds of appeal, the judgment and Decree of the Lower Court anc f e materiat papers in the case and upon hearing the argurnent of Sri G. Sr I ras, Advocate for the Aopellant and Sri Md. Javeed Hussain, Advocate for Respon: rnt Nos. .1 to 5. This Court doth Order and Decree as follows:

1. That the l\ilotor Accident Civil Mlscellaneous Appe:1 be and is dismissed confirming the award dated 14.07 2ozpassed by the t r 5unal in ,4 V.O p. No. 94 of 2018.

2. That save as aforesard the decree of the Tribunal shar tands confirmed in all other respects; and

3. That there shall be no order as to costs in this appeal Sd/. !. JAWAHAR REDDY SI; STANT REGISTRAR \'.------ \ SECTIoN oFFICER //TRUE COPY/i To,

1. The Chairman, Motor Accident Clarms Tribunal-cum- I /,( citional District 2. Two CD Copies Judge, Karimnagar. Y.t- I HIGH COURT DATED:10/09/2025 DECREE MACMA.No.341 of 2023 DISMISSING THE APPEAL g. .Re/d \.ao( ft*.