The High Court · 2025

Counsel for the Appetlant: SRt KONDADI AJAY KUMAR Counsel for the Respondent Nos.1 and 2: SRI C.MOHAN PRAKASH Counsel for the Respondent Nos.3 and 4: The Court made the following: JUDGMENT THE HON'BLE SRI JUSTICE SUDDALA CHAL/IPATHI RAO M.A.C.M .A.No.769 of 2022 JUDGMENT: The present appeal is filed by the appel r nt-insurance Company, challenging the order and decree dat:1 02'll'2021 in M.V.O.P.No.475 of 2018, passed by the learrl d Chairman' Motor Vehicle Accident claims Tribunal-cum-)L.'i /ll-Additional Chief Judge, City Civil Court, Secunderabtr I (for short Tribunal').

2. On O4.O4.2O22 noLice r'vas ordered to res'l lndent Nos l and 2-claimants. Since then, the matter has bet: r come up for hearing under the caption 'For Admission"' He.rce, with the consent of both the learned counsel for appel1,r rt as well as learned counsel lor respondent Nos' 1 and 2 '; aimants, the matter has been taken up for hearing and dispos: '

3. Heard Sri Kondadi Ajay l(umar, ,31S:.O C< unsel for the appellant and Mr.C.Mohan Prakash, learned Counsel for respondent Nos. 1 ancl 2.

4. The brief facts of the case are that t le deceased- K.Srinivas Rao and his colleague Vanapalli Mc1 an Rao r'r'ere \ 2 proceeding from Uppal to Cherlapally on 09.07.2015, when ! they reached Cherlapally Ganesh Kaman, respondent No.1 who is the driver of Ready Mixer Lorry bearing No.TS_OS_UD_gZ12 (hereinafter referred to as "crime vehicle") clrove the same in rash and negligent manner a,cl dashed the deceased from his back side. As a result thereol, the pillion rider I(.Srinivas Rao i.e., deceased, sustained grievous injuries and died on the spot. Thereupon, a case in Crime Ncr.492 of 20 1B of p.S.Kushaiguda was registered lor the offences ,nder sections 3o4(A) and 337 IPC

5. The rcsponder-rt Nos. I and, 2/claimalts, who are parents of the deceased, have Iilect M.V.O.p I,1o.475 of 2Olg before the Tribunal claiming a compensation of Rs.25,00,000/_ for the death of their son (K.Srinivas Rao), vzfie succumbed to c]eath in a road accident occurred on O9.O7.2O15 due to rash and negligent driving of driver of the crirne vehicie i.e., Ready Mixer Lorry bearing No.TS-08-UD -9,7 12. conducting due enquiry and appreciating the evidence on record categoricaily held that the accident occurred due to rash {h-e Tribtrnal, r& J and negligent driving of the driver of the said crirr e vehicle and awarded compensation of Rs.22,15,000/- under r i rious hcads'

6. Aggrieved by the said order and decree, ' re appeilant- insurance company has preferred this appeal'

7. Learned counsel for the appellant only cl-rtended that there was no proper evidencc ol the deceased 'r:rking as an employee of Digi Flex Comparny and was drarv.t g a monthly salary of Rs. 15,OOO/- and that PW-3, who was examined on behalf of the claimants, has not produced any evr< ence to show that the deceased was employee of Digi Flex Corrl :rnv and also did not produce any identification card to show 'hat he is the authorized person to depose on behalf of Digi F1t; Company in respect of emplolT nent of the deceased'

8. Per contra, iearned counsel appearing f'l' respondent Nos.1 and 2/claimants submitted that Ex.X4 rt'eals that the yearly salary of the deceased offered by the Digr I lex Company was Rs.1,80,000/- and the same is also support:d by trx'A10 i.e., Bank Statement of the deceased reflecting I ie amount of salary credited to the account as Rs. 15,000/- p':' month from March, 20 18 to May, 20 18, though for the mcr th of 'June, 4 ( 2018, the amount of Rs.L4,516/- shown is slightly different. Therefore, Ex.X4 and trx.A10 fructify the monthly salary of the deceased as Rs.15,0OO/- and the Tribunal has appreciated the evidence in right perspective and the interference of this Court is unwarranted.

9. I have taken note of the respective submissions made by the learned counsel appearing on either side and perused the record.

10. As seen lrom Ex.X4 and Ex.A10, it is evident that the deceased was drawing Rs. 15,000/- per month and as such the Tribunal has rightly taken the salary of deceased as Rs.15,000/- per month.

11. As per the judgment of lVationq.l Insurance Cornpang Ltd.. as. Pranag Sethi and otherst as the deceased was aged 27 years, the Tribunal has rightly considered future prospects @ 4Oo/o. Hence, the net monthly lncoml,of=lhe deceased with future prospects arrived by the Tribunal of Rs.21,OO0/- (Rs.i5,000/- + Rs.6,000/-) is just and reasonable. t 2017 l\CJ 2700 )

12. As the deceased was unmal'ried' the Tribu: a'l has rightly deducted. 5O%o towards personal expenses and I rrived zrt the net contribution of the deceased at Rs lO'500/-'

13. Thus, the annual income of the deceased t as calculated to Rs.1,26,000/- (Rs'10,500/- x 12)'

14. As the deceased was aged 2T years' tl: appropriate multiplier of '17'in pursuance of thc order pass :d by Honble Apex Court in Saro;la Varrna and others us' De hi Transport Corporation and another2, was applicable anrl after applying the multiplier'17', the Tribunal has rightly arri':d at the total lossofearningofRs.2L,42,OOO/-(Rs'1'26'0Ctl-x17)and there is no error committed by the Tribunal. F-.-r.ther, the rate of interest awarded by the Tribunal (4 7 5% is val d'

15. Therefore, this Court finds no reason to int;rfere wrth the order andlecree pasSed in MVOP No'475 < l 2018 dated O2.ll.2OI8 passed by the learnecl Chairman Motor Vehicle Accident Claims Tribunal-cum-XXvtt-iadition:r Chief Judge' City Civil Court, Secunderabad' The appeal is 11 rvoid of merits and liable to be dismissed 2 120091 6 scc 121 6

76. Accordingiy, the MACMA is dismissed by confirming the order and decree passed by the Tribunal in MVOp.No .4TS of 2011 dated 01.11.2Oi8. ,Ihere shall be no order as to costs. Misceilaneous petitions pcndir-rg, if any, shall stands closed. SD/- MOHD ISMAI DEPUTY REGIS ,/TRUE COPY// ECTION OFFICER To,

1. The Chairman Motor Accident Claims Tribunal-cum-Xxvll Additional Chief Judge, City Civil Court at Secunderabad' One CC to SRI KONDADI AJAY KUMAR' Advocate IOPUCI One CC to SRI C.MOHAN PRAKASH' Advocate [OPUC] Two CD CoPies Spare 2 .) 4 ,ly KVRinvb .a. l!\. HIGH COURT DATED:1 210912025 JUDGMENT+DECREE MACMA.No.169 of 2022 l:. |,,' . i=-:=-':-- : I rilESi ( !r.(i' .J o * \l\i -rr n !- L t) liPr1:-i-l: ii )A- DISMISSING THE MACMA WITHOUT CO STS ,7 (, I ,{ ) V, 1b [ 34851 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDA\,,THE TWELFTH DAY OF SEPTETVIBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTIGE SUDDALA CHALAPATHI RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 169 OF 2022 Between: Reliance General lnsurance Co.Ltd, Rep. by its Legal Manager, H.No.4- 1- 327 lo 337,4th Floor, Sagar Plaza, Abids, Hyderabad. ..AppellanURespondent No.2 AND

5. Kilari Ramarao, S/o.Jagannadham, Aged about 55 years, Occ. Agriculture, 6. Kilari Subbayamma, Wo. Kilari Ramarao, Aged about 48 years, Occ. House Hold Both are R/o.H.No.11-2l1 , Bollaram, Secunderabad. ... Respondents/Petitioners

7. Joyram Yadav, S/o. R.Yadav, Aged about 49 years, Occ. Driver, 8. Dhananjay, S/o. Ravaso Shinde, Age Major, Occ. Business, Both are R/o.Sy.No.149-1 51-1 55,'1 st Floor, Bowrampet, DP Pally, Quthubullapur, Medchal, Telangana. ...Respondents/Respondent No.1 & 2 Appeal under Section '173 of Motor Vehicles Act against the order and decree in M.V.O.P.No.475 of 2018 dated 02.11.2021 on the filgqf the Court of the Chairman Motor Accident Claims Tribunal-cum-XXVll Addition?iaief Judge, City Civil Court at Secunderabad. 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 argument of Sri Kondadi Ajay Kumar, Advocate for the Appe'ant and sri c.rr/ohan prakash, Advocate for th: Respondent Nos.1 & 2 and of the Respondent No.3 & 4 not appeared either in pers.( n or by Advocate. This Court doth Order and Decree as foflows: 1. That the Motor Accic 2 rhatsave as,,",".:*' ;l :H#T:l.#j:j, 3. That there shall be no order as to costs in this appeal in ali other respects; and )ismissed. shall stands confirmed //TRUE COPYII SD/. MOHD I EPUTYREGI ISMAIL STRAR \ CTION OFFICER To, 1 The Chairman Motor Accident Claims Tribunal-cum_.) ) Vll Additional Chief Judge, City Civil Court at Secunderabad. Two CD Copies Spare +J, KVR/nvb tL. HIGH COURT DATED:1 210912025 DECREE MACMA.No.169 ot 2022 DISMISSING THE MACMA WITHOUT C()STS l!-. 1 \b \1./ r(