As per the guidelines of the Hon'ble Apex Court in dictum of Sarla Verrna v. Delhi Transport Corporation,r if the deceased was unmarried

1. MR. JAVEED BAIG AND ANR, S/o. Hyder Baig, Age major, Occ: Owner of Car No.AP-1 1 -U/3909, R/o.H.No.8-3-231 lcl 1 1 127 513 Yousufguda, Hyderabad.

2. The Oriental lnsurance Company Limiied, rep., by its Divisional Manager Divisional Office, Alkareem Trade Centre, Rani Gunj, Secunderabad. . Respondents/Respondents Counsel for the Appellants : SRl. T. DAMODAR Counsel for the Respondent No.1: Counsel for the Respondent No.2 : N.J. SUNIL KUMAR The Court made the following: JUDGMENT THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.226 of 2OO8 JTIDGMENT: This appeal is filed against the Order dated 18.O8.2OO7 in O.P.No.728 of 2005 passed by the Motor Accident Claims Tribunal-cum-I Additional District Judge at Mahabubnagar.

2. The appellants/ petitioners filed O.P.No.72a of 2OO5, claiming compensation of Rs.6,OO,O0O I - for the death of the deceased, Santhosh Kumar Sharma in the road traffic accident occurred on 27 .O4 .2OO5.

3. The tribunal considering the oral and documentary evidence grantcd Rs.2,05,O0O/ - with interest @ 7 .5To per annum lrom the datc of petition to ti1l the date of deposit.

4. Thc learned Counsel for the appellants / petitioners contendcd Lhat the hndings of the tribunal u'ith regard to contribution of income to the parents by the deceased son ought to be two thirds of his income and it cannot be hatf as Iaid down by variorrs High Court and Supreme Court. The tribunal erroneously held that age of the appellant No.2 in the age group of 50-55 instead of 45-5O thereby the compensation was got reduced b], 2 6^.,o.". 2

5. Petitioners deposed that the deceased was doing Travel business and was earning Rs.10,000/- per month, but the trial Court taken his income as Rs.3,OOO/- per month, but they did not produce any proof regarding his income.- Therefore, this Court finds that the tribunal rightly taken his income as Rs.3,OOO/- per month.

6. As per the guidelines of the Hon'ble Apex Court in dictum of Sarla Verrna Vs. Delhi Transport Corporation,r if the deceased was unmarried, 112 of his income [-ras to be deducted towards his personal expenses. Thus, the annual income of the deceased after deducting personal expenses comes to Rs.18,O0O/- per annum and the Hon'Lrle Apex Court in the dictum of National Insurance Compang Limited Vs. Pranag SethP, held that the future prospects of income of the self- employed deceased shall also be included in determination of the compensation. Thus, considering the agc of the deceascd, 4Oo/o of the income has to be added towards future prospects and thus the amount would become Rs.25,2OO/-. This sum if multiplied with the multiplier applicable to the age of the deceased i.e.l7, it would come to Rs.4,28,4OO/-. Thus, the ' 1zoo9y 6 scc tz t '(2017) l6 SCC 680 3 appellants / petitioners are entitled to Rs.4,28,40O/- under the head 'l,oss of Dependency'.

7. Besides, the appellants are also entitled for compensation under 'conventional heads' as prescribed in the dictum of National Insura,n,ce Compang Limited Vs. Pranag Setht, i.e., Rs.15,0OO/- towards loss of trstate and Rs. 15,OOO/- towards funeraI charges.

8. Further, the Hon'ble Supreme Court, by reiterating the compreher-rsn,e interpretation of 'consortium' given in the authority of Magma General Insurance Conpang Limited os. Nrr.ftu Rrr;m Alia.s Chuhnt Ram & others9, and in the authority betweerr United. India Insurance Compang Limited as. Sqtind.er Kdur @) Satuinder Kaur and other{, fortihed that the amounts for loss of consortium shall be awarded to the children rvho lose Lhe care and protection of their parents as 'parental consortium' and to the parents as, 'filial consortium' for the loss of their grown-up children, to compensate their agony, love and affection, care and companionship of deceased children. Accordingly, it is just and reasonable to award I Rs.80,0O0/ - towards filial consortium. t 'lzoray ta scc r:o " izozol I sc'c o+t 4

9. Therefore, the appellalts/petitioners are entitled for the compensation in lhe lollowing terms: 1 2 |) Loss of dependency Conventional Heads Parental Consortium TOTAL Rs.4,28,400i - Rs.30,OOO/- Rs.B0,OOO/- Rs.5,38,4OO/-

9. In the result, the appeal is partly allowed by enhancing the compensation amount from Rs.2,05,000/_ to Rs.5,3g,400/_ (Rupees Five Lakhs Thirty tright Thousand Four Hundred only) with interest at the rate of Z.Soh per annum from the date of hling the petition till date of realization. Respondent No.2 shall deposit the entire amount within a period of one month from the date of order. On such Deposit, the petitioners are entitled to withdraw the entire arnount along with interest accrued on it. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD/- MOHD,ISMAIL DEPUTY REGISTRAR \ //TRUE COPY// s CTION OFFICER To, H:Ht:[.Sst*T$titffiilH+:'"3"F,"'H1/rahabubnasar 1 2 3 4 Two CD CoPies GE/PSL -:-l- t1*:--i$:-<<it!"=*XWEqU HIGH COURT DATED:09/0412025 JUDGMENT MACMA.No.226 o12008 -/_=.::j.---:'\-. ,,'.1-: \..'-- J l..i:'.i-:r.. -/:/-.:_\),- ./1,r_ ,. /1'.i-' !; . ) il ::i il.,. 1 i sEP 2U6 -a; 'C r:4,'-r '') q.i., \. i , i' '1.,' i _' --il.,.l!S !.. n ;. r,.n-,,-, .'-.' t _.::. ' --.::_-:. _::. .-. -- ,'I ., PARTLY ALLOWING THE MACMA WITHOUT COSTS IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD [ 3208 ] WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT I I ! ) I THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 225 OF 2008 Between: 1. M. SUDHAKAR SHARMA, S/o. Soma Sunder Sharma' Age 42 years, Occ: Supervisor in Marketing Department,

2. M. Jayamma, Wo. Sudhakar Sharma, Aged 49 years, Occ: House Hold, Both are R/o.H.No.13-301, Om Nagar Colony Nagarkurnool [t/landal, Mahabubnagar District ...Appellants/Petitioners

1. MR. JAVEED BAIG AND ANR, S/o. Hyder Baig, Age major, Occ: Owner of Car No.AP-1 1-U/3909, R/o. H. No.8 -3-231lcl11127513 Yousufguda, Hyderabad' AND

2. The Oriental lnsurance Company Limited, rep, by its Divisional Manager Divisional office, Alkareem Tradb Centre, Rani nr"1i.?3iT.%"iXbt3fl"=pona"nt" Appeal filed under Section 173 of Motor Vehicte Act, I988, against the order of the MACT-Cum- I Additional District Judge, At ltlahabubnagar in O.P,No.728 of 2005 dated 18 08.2007. 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. T. DAMODAR, Advocate for the Appellant and none appeared for the Respondent No.1 and SRI' N'J' SUNIL KUMAR appeared for Respondent No.2. This Court doth Order and Decree as follows:

1. That the Motor Accident civil Miscellaneus Appeal is hereby partly allowed by enhancing the compensation amount from Rs.2,05,0001 to Rs 5,38,400/- (Rupees Five Lakhs Thirty Eight Thousand Four Hundred only) with interest it tfre rate of 7.So/o per annum from the date of filing the petition till date of realization. '.i.it$ '_ 2 That the Respondent No.2 shall deposit the entire amount within a period of one month from the date of order. On such Deposit, the petitioners are hereby entitled to withdraw the entire amount along with interest accrued on it. 3- That there shall be no order as to costs in this appeal SD/- MOHD.ISMAIL DEPUW REGISTRAR lffrue Copyll T To

1. The MACT-Cum- I Additional District Judge, At Mahabubnagar 2 Two CD Copies GE/PSL SECTION OFFICER HIGH COURT DATED:09/0412025 DECREE MACMA.No.226 ot 2008 PARTLY ALLOWING THE MACMA WITHOUT COSTS 2 )