As per judgment of the Hon,ble Supreme Court of India in Company Limited v. pranay Sethi othersL, if future prospects are added at

4. Sri Chakali Nadpi Ganganna, S/o Chakali Ganganna, Age 57 years, 5. Smt.Chakali Sayawa, Wo Chakali Nadpi Ganganna, Age 55 years, Occ House wife. ($lf gre.R/o.H. No.3- 8/1, Rajura Viilage, presenfly R/o H. No. 6- 12-340, Dubba locality, Nizamabad City) (Petitioner' Nos. 2-and 3 are minorc, undei the guardianship of their mothei and next friend i. e., petitioner No. 1) ...AppellanUClaimants AND

1. Sri Narasimha Battu, S/o Narsanna, Mai B- 3006 R/o H. No. 2- 7/1, Beeravelti Vi[ District. or, ownerofCarbearing No, TS- 18- age, Sarangapur Mandal, Nirmal 2 United lndia lnsurance Co. Ltd., Rep. by its Divisional Manager, Divisional Office, P.8.No.313, Godown Road, Abdve Andhra Bank. Beiid6 Hotet Mavur. Nizamabad (Policy No.050702312OP1010150S5 vatid fr6m 10.05.2020 to bg. 05.20211 ...Respondents/Respondents Counsel for the Appellant SRI KURITI BHASKARA RAO Counsel for the Respondent No.2: SRt V.SAMBASTVA RAO Counsel for the Respondent No.1: None appeared The Court made the following: JUDGMENT i{r:: THE HON'BLE SMT. JUSTICE RENUKA YARA M.A.C.M.A.No.433 OF 2O23 JUDGMENT:. Heard Sri K.Bhaskara Rao, tearned counsel for the appellants and Sri V.Sambasiva Rao, Iearned Standing Counsel for the respondent No.2/Insurance Company. Perused the record.

2. This is an appeal preferred by the appellants/claimants aggrieved by the orde; dated 22.12.2022 passed in M.V.O.P.No.76 of 202L by the learned Chairman, Motor Accident Claims Tribunal-cum- Principal District Judge, Nizamabad (for short, 'the Tribunal'), wherein a compensation of Rs.L8,42,8O0l- with interest at 7.5o/o per annum was awarded as against the claim petition filed seeking compensation of Rs.25,00,000/-.

3. The appellants had filed the claim petition on account of death of one Chakali Ramesh @ Thammarasi Ramesh on 30.L2.2O20 at about

2.00 P.M. while he was travelling on motorcycle bearing No.TS 16 EQ 5254from petrol bunk Arli Cross Road towards Rajura Village and was struck by car bearing No.TS 1BB 3006 driven by its driver in a rash and negligent manner resulting in fall of Chakali Ramesh and his death on 01.01 .ZOZL at about 12:00 noon while he was undergoing treatment at Prathibha Hospital, Nizamabad. The appellants had examined P.Ws.1 and 2 and got marked Exs.A1 to A7. In support of ,I 1 \ 2 the claim petition, the respondents did not read orar evidence but relied upon Ex.B1 copy of insurance policy which was marked with consent. Upon examining the evidence adduced by both the parties, the Tribunal awarded compensation of Rs.1g,42,g00/_. The appellants are aggrieved by the compensation awarded and preferred the present appeal.

4. In grounds of appeal, the appellants referred to age of the deceased at 32 years who was doing plumbing work in Dubai and was earning Rs.50,000/- per month. The deceased had wife, minor daughters and parents. More particularly, reference is made to Ex.A6 original passport visa stamp, Ex.A7 original uAE ID card to show that the deceased was working as prumber at Dubai. The Tribunar had taken the notionar income as Rs.g,000/- with future prospects taken at Rs'11,200/- and calcurated the ross of income. Further; it is urged that no compensation is awarded towards medicar treatment and funerar expenses. In the circumstances, the appellant sought enhancement of compensation to Rs.25,00,000/_.

5. The issues raised by the appellants are taken in sequence beginning with the notional income taken by the Tribunal. As per the complaint given by Thammarasi Bhumanna, who is the brother of the deceased and as per EX.AI-FIR, the deceased was a washerman doing the occupation of his caste which was washing clothes. Further, as per ) ,/ 3 Ex.A2-charge sheet, the deceased was doing washerman job' As per Ex.A3, the deceased was a cooli. None of the police records supported the version of the appellants about the deceased being a plumber' The only supporting documents relied upon by the appellants are Ex'A6- passport of the deceased which contains VISA issued by United Arab Emirates showing that he was an ordinary labourer. The appellants would contend that the deceased went to do work in UAE on behalf of a company and therefore his income has to be taken as Rs.25,000/- to Rs.40,OOO/- per month. The total documentary evidence on record shows that in India, the deceased was working as a washerman and in uAE, he was working as an ordinary labourer and not doing technically skilled plumbing work. There is absolutely no evidence on record to show the income of the deceased. Any labourer or washerman as per the earnings in India would be around Rs.8,000/- per month' However, by virtue of the fact that the deceased actually went to Dubai to do labour work by leaving the family and his friends is only on account of getting higher income, the notional income is therefore taken as Rs.10,000/- per month, which comes to Rs'1,20,000/- per per passport, the date of birth of the deceased was year.

01.01.1985 and he died on 01.01.2021. Therefore, his age would be 35 years. 1 ) 4

6. As per judgment of the Hon,ble Supreme Court of India in Company Limited v. pranay Sethi othersL, if future prospects are added at 4Oo/o i.e. Rs.4g,OoO/_ is added to the annual income, the net annual income comes to Rs.1,68,000/- (Rs.1,20,000/- + Rs.4g,OOO/_). Since there are five dependehts on the deceased, if t/4th of the income is deducted towards personal expenses, the annual contribution of the deceased to the family would be Rs.1,26,000/-. If the said amount is multiplied by the appropriate murtiprier '16' as was rightry taken by the Tribunar relying on Sarla Varma v. Dethi Transport Corporation2, the total compensation under the head of loss of dependency would be Rs.20,16,000/-. In addition, the appellants are entitled to payment of compensation of Rs.70,000/- towards funeral expenses and loss of estate. Further, each appellant is entifled to payment of Rs.40,000/_ towards consortium.

7. In the result, M.A.C.M.A. is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.1g,42,gOO/_ to Rs.22,86,000/- with interest @ 7.So/o p.a. from the date of petition tiil the date of realization payable by responden,r. I On deposit of the enhanced compensation, the apperiants are permitteci to withdraw the &rtire amount in proportion to their shares awarded by the i! ' 2017 AO 2700 2 ,-^^-. - -_- tzuuyro :LL 121 (- 5 Tribunal, without furnishing any security. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. ,/TRUE COPY// SD'. N.SRIHARI DEPUTY REGISTRAR OFFICER To, \ :

1. The Chairman Motor Accidents CIaims Tribunal-cum- Principal District Judge at Nizamabad.

2. One CC to Sri Kuriti Bhaskara Rao, Advocate [OPUC] 3. One CC to SriV.Sambasiva Rao, Advocate [OPUC] 4. Two CD Copies KH/NVBW ,, I d.r HIGH GOURT DATED:2610612025 JUDGMENT+DECREE MACMA.No.433 of 2023 5 () i.f' i. a, Lt 'r.ri6 * rt- PARTLY ALLOWING THE MACMA WITHOUT COSTS t\ i0 _"-- 134/.2l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT u I THURSDAY,THE TWENW SIXTH DAY OF JUNE TWO THOUSAND AND TWENry FME PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA l"l 3 o Between:

1. Smt. Thammarashi Anasuya, Wo Chakali Ramesh Thammarasi Ramesh, Age 32 years, Ooc House wife.

2. Smt.Thammarashi Rishi Kumar, S/o Chakali Ramesh @ Thammarasi 3. Thammara-shi Harshith, S/o Chakali Ramesh or Thammarasi Ramesh, Age Ramesh, Age 14 years, Minor, student. 11 years, Minor.

4. Sri Chakali Nadpi Ganganna, S/o Chakali Ganganna, Age 57 years, 5. Smt.Chakali Sayawa, Wo Chakali Nadpi Ganganna, Age 55 years, Occ House wife- $lf gre.R/o..H .!9. 3- 8/1, Rajura Viilage, presenfly R/o H. No. 6- 12- 340, Dubba locality,. Nizamabad City) (petitid'ner Nos. 2 and g are minors, unaei the guardianship of their mother and next friend i. e., petitioner No. 1) ...AppellanUClaimants D 1. SriNarasimh.q Qgttu.,' S/o.Narsanna,.Major, ownerof Carbearing No. TS- 1g- - B- 3006 R/o H. No. 2-711, Beeravelti Viliage, Sarangapur Manait, Nirmit Distdct.

2. United lndia lnsurance Co. Ltd., Rep. by its Divisional Manager, Divisional Office, P.B.No.313, Godown Road, Ab<ive Andhra Bank. Be5ide Hotet lr,tivur Nizamabad (Policy No.05070231 20p1 01 01 S05S vatid fr;m 1 O.0S.2O2O to bS.' 05.2021) ... Respondents/Respondents Appeal filed under section 173 of M.V.Act., against the Judgment and Decree dated 22.12.2022 passed in M.v.o.P No.76 of 2021 on the fite of the court of the chairman Motor Accidents claims Tribunal-cum- principal District Judge at Nizamabad. . This appeal coming on for hearing and upon perusing the grounds of appeal, 'case the Judgment and Decree of the Lower court and the .malerial papers in the and upon hearing the arguments of Sri Kurit Bhaskara Rao, Advocate for the Appellants and the Sri V.Sambasiva Rao, Advocate, Respondent No.2 and none appeared for the Respondent No.1 . / This Court doth Order and Decree as fotlows: 1 . That the Motor Accident Civil Miscellaneous Appeal be and is hereby partly allowed.

2. That the compensation amount awarded by the Tribunal is from Rs.1 8,42,800/- to 22,86,000/- with interest @ 7 .5o/o pet annum from the date of petition till date of realization payable by respondents.

3. On deposit of the enhanc,ed compensation, the appellants are permifted to withdraw the entire amount in proportion to their shares awarded by the Tribunal, without furnishing any security.

4. That save as aforesaid, the decree of the Tribunal shall stands confirmed in all other respects: and

5. That there shall be no order as to costs in this appeal. /,TRUE COPY" SD'. N.SRIHARI DE UTY REGISTRAR TION OFFICER To,

1. The Chairman Motor Accidents Claims Tribunal-cum- Principal District Judge at Nizamabad. 2. Two CD Copies KHNuB M./ -.G: f { HIGH COURT DATED t26l06l2025 DECREE MACMA.No.433 of 2023 PARTLY ALLOWING THE MACMA WITHOUT COSTS u0