The High Court · 2025

Hold lslavath Laxmi, Wo lslavath Janu, Aged about. 44 years, Occ. House hold lslavath Janu, S/o Manya, Aged about. 49 years, Occ. Nil, lslavath Saroja, D/o lslavath Janu, Aged about. 1 1, Occ. Student, lslavath Srikanth, S/o Janu, Aged about. 14 years, Occ. Student, Petitioner No.4 and 5 beinq minor rep by her natural guardian and mother i.e., Petitioner no. 2. All are N/o H.No. 1-192, Botimidi Thanda, Thimmapuram Village, Bommalaramaram Mandal, Yadadri Bhongir District Presently residing at H.No. 17-2-718121A, Saidabad, Hyderabad AND CLAIMANTS 'APPELLANTS

1. Sunitha Jupally, Wo Vrjay Ramulu Aged malor, Occ. Business / Owner of Lorry bearing no. TS 12 UA 0456 R/o H.No. 2-40, Nagaram Village, Keesara Mandal Medchal District

2. National lnsurance Company Ltd, Rep. by Hub, Jubilee Building, Station Road, Abids its Divisional T.P. Claims

3. Vikram Babu Utla, S/o Krishna Aged about. 30 years, Occ. Driver of Lorry bearing no. TS 12 trA 0456 R/o H.No. 2-85, Matyala Village, Bommalaramaram Mandal, Yadadri Bhongir District - 508126. (The Respondent No.3 is not necessary party for this appeat) RESPONDENTS i lA NO: I OF 2023 Petition under Section 151 CPC praying that in the circumstances stated . in the affidavit filed in support of the petition, the High Court may be pleased pleased to dispense with the certified copies as well as Xerox copies of pleadings, depositions and exhibits shown in the appendix in Decree and order dated iO-11-2A22 passed in MVOP No. 1963 of 2018 passed by th l,earned Hon'ble Judge, Xl Addl chief Judge, City Civil Court, at Hyderabad for time being. Gounsel for the Appellant(s):SRl. PALLATI CHANDRAIIIOUL| Counsel for the Respondent No.l : - Counset for the Respondent No.2 : SRI V. VENKATA RAMI REDDY The Gourt made the following: JUDGMENT : I I t I a I I 1 aI I ',f THE HON'BLE SMT. JUSTICE RENUKA YARA JUDGMENT:- Heard Sri p.Chandramouli, learned counsel for the appellants and sri v.venkatarami Reddy, learned counsel for respondent No.2. Perused the record

2. This is an appeal preferred by the appellants/claimants aggrieved by the orderi dated 30.11.2022 passed in M.V.O.P-No.1963 of 201g by the learned Chairman, Motor Accident Claims Tribunal-curn- XI Additional Chief Judge, City Civil Courts, Hyderabad (for short, 'the Tribunal'), wherein an amount of Rs.36,85,000/- was awarded in a claim petition filed seeking compensation of Rs.50,OO,OOO/- payable by the respondent Nos.1 to 3 jointly and severally'

3. The claim petition was filed due to the death of one Islavath Naresh @ Narender in a road traffic accident. Appellant No.1 is the wife, appellant No.2 is the mother; appellant No.3 is the father and appellant Nos.4 and 5 are the younger sister and brother of the deceased. The deceased was earning Rs.15,000/- per month as a supervisor in M/s.shiva shankara Filling station (Bharat Petroleum)' Further, he was doing real estate business and used to earn upto Rs.30,000 /- per month and therefore, he was earning Rs.45,0001'per month. On 23.04.2018 at 11:30 hours when the deceased was riding \ 2 Pulsar motorcycle from Keesara side towards Botimidi Thanda Village side and when he reached near Ratnapur Village, Bommalaramaram Mandal, Yadadri, Bhongir District, the driver of lorry bearing No.TS 12 UA 0456 proceeding from Bommalaramaram Mandal towards Keesara side driven in a rash and negligent manner without following traffic rules came in opposite direction and dashed the motorcycle, which lead to death of the deceased on the spot. The police filed Criminal Case against respondent No.3, who was the driver of the lorry, under Section 304-A of IPC. The claimants have sought compensation due to the death of the deceased at Rs.50,00,000/- with interest at 18o/o per annum.

4. The appellants got examined P.Ws.1 to 4 and got marked Exs.A1 to A7 and Ex,Xl. Respondent No.2 did not lead oral evidence but exhibited Ex.Bl-attested copy of the policy. On the basis of evidence adduced by the appellants, the Tribunal awarded compensation of Rs.36,85,000/-. Aggrieved by the said orde[ the present appeal is preferred.

5. In grounds of appeal, it is contended that the appellants are entitled to compensation of Rs.1,19,50,500/-, whereas the Tribunal awarded only Rs.36,85,OOOI-. The Tribunal has taken the income of the deceased at Rs.15,000/- by not considering his income from real estate business and selling of vegetables. The future prospects are 3 taken at 40olo which according to the appellants' the same has to be 50o/o. Further, the appellants claimed compensation towards loss of mobile, mental shock and loss of expectancy of lifre' Lastly' the appellants sought interest at l2o/o per annum on the compensation awarded.

6. Coming to the aspect of monthly income of the deceased' the FIR itself reveals that the deceased was doing private job working in Bharat Petrol Bunk at Keesara. The entire police record reflects the avocation of the deceased as Supervisor in a petrol bunk viz., M/s.Shiva Shankara Filling Station (Bharat Petroleum)' The witness P'W4whowasAccountantofsaidFillingstationdeposedthatthe deceased was paid consolidated salary at Rs.15,000/- as supervisor of the petrol bunk. Therefore, the income of the deceased is taken at Rs.15,OOO/- by the Tribunal with multiplier'18'as the age was 23 years, deducted U4th of his income as he had wife' parents and siblings with addition of 4Oo/o towards future prospects as he was a private employee. The multiplier is taken on the basis of Sarla v. Dethi Transport Corporationt and the future prospects are taken on the basis of the principles laid down in National Insurance Company Limited v. PranaY Sethi and otherc2' The appellants claimed the income of the deceased to be Rs'45'000/- without any ' (zmgle scc rzr ' zott Ae 2loo ( t 4 basis. On one hand, the appellants claimed income to the deceased by selling plots and lands by attending phone calls from intending buyers and had income Rs.30,000/- per month' Further, the deceased was allegedly cultivating commercial crops and had income totaling to Rs.45,000/-. Being Supervisor in a petrol bunk which is operated from morning to late evening, there is no scope for the deceased to raise commercial crops. With respect to the income of the deceased at Rs.30,000/- per month by selling plots, lands, some income proof ought to have been produced by the appellants in the form of Income Tax returns or land transactions which show involvement of the deceased as the mediator for selling of plots and lands' In the absence of such evidence, the Tribunal did not commit any error in taking the income of the deceased, who was nearly aged 24 years, at Rs.15,000/-asSupervisorofM/s.shivaShankaraFillingStationas there was supporting oral and documentary evidence' There are no guidelines laid down for payment of loss of mobile phones in an accident. Further, the Tribunal has awarded amounts towards filial consortium,lossofestateandlossoffuneralexpensesandlossoflove and affection and covering both pecuniary and non-pecuniary heads' Therefore, there are no grounds to interfere with the order passed by the Tribunal and the same is confirmed.

7. In the result, the appeal is dismissed. No costs' { 5 Miscellaneous petitions, if any, pending in this appeal, shall stand closed I SD/.M.OSMAN ALI BAIG ASSISTANT REG1STRAR 0 I ,/TRUE COPY/' SECTION OFFICER To,

1. The Ghairman. Motor Accident Claims Tribunal-Cum-Xl Addl Chief .ludge, Gity Civil Court, Hyderabad.

2. One CC to SRl. PALI-ATI CHANDRAMOULI, Advocate [OPUC] 3. One CC to SRI V. VENKATA RAMI REDDY, Advocate [OPUCI 4. Two CD Copies GgPSL I \ HIGH COURT DATED:3110712025 JUDGMENT MACMA.No.623 ot 2O23 DISMISSING THE MACMA WITHOUT COSTS i $ , ! ! i lI b J34/.2l !N THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENry F|VE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 623 OF 2023 Between:

1. lslavath Nagamani, Wo lslavath Narendar, Aged about. 20 years, Occ. House Hold

2. lslavath Laxmi, Wo lslavath Janu, Aged about. 44 years, Occ. House hold 3. lslavath Janu, S/o Manya, Aged about.49 years, Occ. Nil, 4. lslavath Saroja, D/o lslavath Janu, Aged about. 11, Occ. Student, 5. lslavath Srikanith, S/o Janu, Aged about. 14 years, Occ. Student, Petitioner No.4 and 5 being minor rep by her natural guardian and mother i.e., Petitioner no.2. All are N/o H.No. 1-192, Botimidi Thanda, Thimmapuram Village, Bommalaramaram Mandal, Yadadri Bhongir District, Presently residing at H.No. 17-2-718t2tA, Saidabad, Hyderabad AND .. CLAIMANTS /APPELLANTS 1 Sunitha Jupally, Wo Vijay Ramulu Aged m Lorry bearing no. TS 12UA 0456 R/o H.No Mandal Medchal District ajor, Occ. Business / Owner of .2-40, Nagaram Village, Keesara

2. National lnsurance Company Ltd, Rep. by its Divisional Manager, T.P. Claims Hub, Jubilee Building, Station Road, Abids Hyderabad-500001

3. Vikram Babu Utla, S/o Krishna Aged about. 30 years, Occ. Driver of Lorry bearing no. TS 12UA 0456 R/o H.No. 2-85, Malyala Village, Bommalaramaram Mandal, Yadadri Bhongir District - 508126. (The Respondent No.3 is not necessary party for this appeal) ...RESPONDENTS Appeal filed under Section 173 of M.V.Act, Aggrieved by the Judgment and Decree dated 30-11-2022 in MVOP NO. 1963 of 2018 passed by the Chairman. Motor Accident Claims Tribunal-Cum-Xl Addl Chief Judge, City Civil Court, Hyderabad. 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 arguments of SRl. PALLATI CHANDRAMOULI, Advocate for the Appellant and none appeared forthe Respondent No.1 and SRI V. VENKATA RAMI REDDY appeared for Respondent No.2. This Court doth Order and Decrce as follorrs: 1 . That the Motor Accident Civil Miscellaneus Appeal be and is hereby dismissed.

2. That there shall be no order as to costs in this appeal. llTrue Copyll SO'-M.OSMAN ALI BAIG a SECTION OFFICER To '1. The Chairman. Motor Accident Claims Tribunal-Cum-Xl Addl Chief Judge, City Civil Court, Hyderabad.

2. Two CD Copies. GE/PSL s), HIGH COURT DATED:31/0712025 DECREE cMA.No.623 ot 2023 DISMISSING THE MACMAWITHOUT COSTS '.j.