The High Court · 2025

12. Learned counsel for the appellants - petitioners has hled calculation memo.

13. Now the points for consideration are: (1) Whether the appellants - petitioners were awarded just compensation, if so? (ir) Whether the awarded passed by the learned Tribunal in MVOP.No.197 of 2013, dated 30.07.2O13 suffers from any perversity or illegality, if so, does it require interference oI this Court? Point Nos.1 and 2: L4. Appellants - petitioners have challenged the quantum in the appeal.

15. It is to be noted here that respondent has remained ex-parte before the Tribunal.

16.1 The learned Tribunal has taken the evidence ol the PW1 and discussed about Ex.A7 - pahanis hve in number, which stand> in tbe BRMR,J lACM,{.No.2909 oI20l4 narne of late A. Shankarappa, r,t hich shows that he is; t re pattedhar for Ac. 1.1300 gunts rn Surwey No-358e9, Ac.1.1i00 g- rtas in Survey No.363, Ac.2.O2OO gunlas in Survey No.364, Ac.0.3300 ,untas in Survey No.366, Ac. 1.0500 guntas in Survey No.720/6a and Ac .0500 guntas in Survey No.7O2ld and arrived that the deceased was he owner of the land. The Tribunal further held that as the appeltrr rt Nos.2 to 4 - petitioner Nos.2 to 4 are majors, they are malaginq he lands of the deceased A.Shankarappa and it would be loss of su: :rvisory services ald taken the income at Rs. 1,50O/- per month, rhich comes to Rs. 18,000/ - per annum.

16.2 As the deceased is aged about 50 years, applied Ir ultiplier '11' and arrived at Rs.1,98,OO0/- under loss of future intrt,r re. Further the Tribuna-l has au'arded Rs. 1O,OO0/ under the head losr; of consortium to appellant No.1 - petitioner No. 1, awarded Rs.5,000/- c ach to appellant Nos.2 to 4 - petitioner Nos.2 to 4 under the head affection and the total compensation arrived by the 1e t oss of love ald rned Tribunal is Rs.2,23,0OO/-. 17 . The leamed Tribunal has fell in error in taking t re income of the deceased at Rs. l,5OO/- per month. When the evidence of the appellant No. 1 - petitioner No.1 coupled with Ex.A7 - pahanis fi'z in number goes to show that the deceased is the pattedhar for differet.r extents of lands BRMR,J N4ACMA.No.29Og of 2014 (" stated supra in paragraph No. 16.1. As there is no cross-examination by respondent in respect of the evidence of the appellant No.1 - petitioner No.1, this Court feels that the deceased income is taken as Rs. 1O,O00/- per month. The learned Tribunal has not properiy awarded amounts under conventional heads and future prospects is also to be added while awarding the compensation as per the decision in National Insurance Company vs. Prernay Sethi I .

18. The calculation arrived bv this Court is as under S1. No Name of the Head 1 2 J 4 5 6

7. 8 Income Add 25%o future prospects (as per Pranay Sethil) towards Deduct 7/4tt, personal expenses (as per Smt. Sarla Varma v. Delhi Trans ort Co Annual income ration2 Multiplier '13' I Loss of consortium | (for four persons) I Loss of estate Funeral expenses Total compensation Compensation awarded by this Court Rs. 10,000/- Rs.12,5O0/- ll0,00O + 2,5001 (10,000x25%l=2,56st- Rs.9,375l- 12,500 - 3,125 1 l4th of 12,500 Rs.3,125l Rs. 1, 12,50O/ - (9,37 s x t2) Rs. 14,62,500/- (1,12,50O x i3) Rs. 1,93,600/- (Rs.48,4OO/- each) Rs. i8,500/- Rs. 18,500/- Rs. 16 L3, 01 (20 r7) l6 scc 680 (2009) 6 SCC 121 BRMR,J IACM \ N"o 29Oq ot 2014

19. The learned Tribunal has algarded interest at tlL, rate of g% per annum, lr.hich has to be enharccd to 9o/o as per the dc: siorL in the case of Anjali ar-rd Othcrs vs. Lokcndra Rathod and others3 F ence., points are an swered accord in gly.

20. In the result, MACMA.No .2909 of 20 14 is ,t lor,r,r:d and the compensation awarded by the Tribunal is enhanced as I rder a) The impugned arvard dated 30.07.2013, 1 asst:d it.r M.V.O.P.No. 197 of 2013, srands modified. b) The compcnsation awarded by the Trrl,r nal i.e., Rs.2,23,O00/- is enhanced to Rs.16,93,1O0/ tor :ther with interest at the rate of 9o/o per annum from the de _e ol hling the petition till payment. c) _The appellants - petitioners are directed to pay ( r urt fee on the enhanced amount. d) The respor-rdent is directed to deposit the awal-( ( ci arnount with interest and costs less the amount alreadv I aicl if any within a period of 60 days from the date of receip of a copy of this judgment. e) Appellart No. 1 - petitioner No. 1 is entitled for ar rmount of Rs. 11,85,170/- and she is permitted to withdrar,, her entire 2022 SCC OnLine SC r68.1 BRMR,J MACMA.No.2909 of 2014 arnount with costs and interesl thereon without furnishing security. f) Appellant Nos.2, 3 and 4 - petitioner Nos.2,3 and 4 are entitled for an amount of Rs. 1,69,310/- each and they are permitted to withdraw their entire amount with costs and interest thereon without furnishing security. Interim orders if any stands vacated. Pending miscellaneous application / s if any shall stand closed. Sd/. M. JAWAHAR REDDY SISTANT REGISTR ,TRUE COPY// SECTION OFFICER To,

1.' The lt4otor Accidents Tribunal-Cum-Principal District Judge, Medak at Sangareddy.

2. One CC to SRI V ATCHUTA RAM Advocate [OPUC] 3. One CC to SRI A.SRINIVAS REDDY(SC FOR TSRTC)Advocate IOPUC] 4. Two CD Copies b NVB/DL HIGH COURT DATED:1811212025 JUDGMENT+DECREE MACMA.No.2909 of 2014 L t\\ Ns \t$ o { I11I I C, ) ALLOWING THE MACMA WITH GOSTS /'n'l WYr *- .L\o ),, [ 3448 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE B,R.MADHUSUDHAN RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2909 OF 20'14 Between: 2 1 Ashila Manemma , Balamani, W/o. Late Shankarappa, Occ Agriculture R:/o Muslpur Village, Mandal Alladurg, Medak District. Now FL/o H.No 4-8- 8717,313, Manjeera Nagar, Sangareddy Town, Itrledak District. Ashila Ashok, W/o. Late Shankarappa, Occ Agriculture R/o. Muslpur Village, Mandal Alladurg, Medak District. Now RJo. H.No. 4-8-87171313, Manieera Nagar, Sangareddy Town, Medak District. Ashila Dayand, W/o. Late Shankarappa, Occ Agriculture R/o. Muslpu-r.Village' Mandal Alladurg, Medak District. Now R/o. H.No. 4-8-87171313' lvlanjeera Nagar, Sangareddy Town, Medak District. Ashila lrrlahesh Kumar, W/o. Late Shankarappa, Occ Agriculture R/o. Muslpur Village, Mandal Alladurg, Medak District. Now R/o H.No. 4-8-8717/3/3' Manjeera Nagar, Sangareddy Town, Medak District. 4 3 AND ' The General lVlanager A.P.S.R.T.C, Musheerabad Rep by its Regional Manager, A.P.S.R.T.C., Near New Bus Station/Sangareddy Town, Medak District. ...Petitioenrs/APPellant ...Respondents/ResPondents Appeal filed under Section 173 of M.V.Act., aggrieved by the Judgment and Decree dated. 30-07-2013 in O.P.No.197 of 2013 on the file of the Court of the Motor Accidents Tribunal-Cum-Principal District Judge, Medak at Sangareddy. This appeal is 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 Petition and upon hearing the arguments of SRI V. ATCHUTA RAM, advocate for the Appellant and of SRI A.SRINIVAS REDDY (SC FOR TSRTC) Advocate for the Respondent. That this Court doth Order and Decree as follows:

1. That this lt4otor Accident Civil Miscellaneous Appeal be i nd hereby is allowed lhe compensation awarded by the tribunal is be and her: ry enhanced.

2. The impugned award dated 30.07.2013, passed in l\,4.V ( ) P. NO.197 of 2013, stands modif ied

3. The compensation awarded by the Tribunal i.e., Rs,2i| )001 is enhanced to Rs.16,93,'1001 together with interest at the rate of gozr per annunr from the date of filing the petition till payment.

4. The appellants-Petitioners are directed to pay court 1)e on the enhanced amount. 5 The respondent is directed to deposit the awarded anl unt with interest and costs less the amount already paid if any within a peri() of 60 days from the date of recelpt of a copy of this judgment.

6. Appellant No 1-Petioner No.1 is entitled for an amount f Rs..l 1,85,170/- and she is permitted to withdraw her entire amount with c ) ,ts and interest there on without furnishing security.

7. Appellant Nos.2, 3 and 4-Petioenr Nos.2, 3 and 4 are , ntitled for an amount of Rs.1,69,3101 each and they are permitted to withdre with costs and interest thereon without furnishing secur t .. entire amount ^,their

8. That there shall be no order as to costs in this appeal sd/ \, I\ . JAWAHAR REDDY ; STANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 2 The Motor Accidents Tribunal-Cum-principal District ,l dge, Medak at Sangareddy. Two CD Copies w HIGH COURT DATED:1811212025 DECREE MACMA.No.2909 of 2014 ALLOWING THE MACMA WITH COSTS; q 1 6\ (.