The High Court · 2025

THE HON'BLE SMT. JUSTICE RENUKA YARA M.A.C.M.A.No.559 of 2o23 JUDG}MENT: Heard Sri K.Venkatesh Gupta, learned counsel for the appellants/claimants and Sri P. Bhanu Prakash, learned standing counsel for respondent No.3/Insurance Company and perused the record.

2. This is an appeal preferred by the appellants/claimants aggrieved by the award passed by the learned Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge at Narayanpet (for shortthe Tribunal') in M.V.O.P.No.46 of 2022, dated 07.12.2022, wherein, the claim petition filed seeking compensation of Rs.2O,OO,OOO/- has been disposed of awarding compensation of Rs.10,25,00O1- payable by the respondent Nos.2 and 3 jointly and severally.

3. The appellants/claimants are the husband and children of the deceased Panthula Parvathamma. On 05.06.2019, the deceased Parvathamma and her son Panthula Krishna were proceeding to their village from Kosgi on motorcycle bearing No.TS 34B 0971. When the motorcycle reached agricultural field of Aviti Mallikarjun at 08.3O A.M, one Splendor motorcycle bearing No.KA 33 J O92a ) 2 driven by the rider in rash and negligent manner dashed the motorcycle of Panthula Krishna i.e., claimant No.2 and thereby, the accident occurrred. Due to the accident, the deceased Parvathamma and her son i.e., claimant No.2 feIl down from the motorcycle on BT road and surstained injuries. Both were shifted to Government Hospital, Kos;gi for treatment and then to District Head Quarters Hospital, Ma.habubnagar for better treatment. The District Head Quarters Hospital, Mahabubnagar declared the deceased brought dead. Consequently, the claimants filed claim petition seeking compensation.

4. The claimants got examined PWs 1 and 2 and got marked Exs.Al to A8. The respondent No.2 got marked Ex.Bl Copy of Aadhaar Card ofthe deceased.

5. Upon examining the evidence on record, the Tribunal awarded Rs.1O,25,OOO/- with interest at 7.5yo per annum and aggrieved by the same, the present appeal is preferred.

6. [n grcunds of appeal, the claimants contended that the Tribunal ought to have awarded the compensation claimed but the Tribunal has taken meager amount towards annual income of the deceased and that spousal consortium, parental consortium and future prospects are not taken into consideration for computing 3 compensation. Lasfly, it is contend.ed that the Tribunal ought to have awarded interest at L2Yotl per zrnnum on the compensation I awarded

7. During arguments in appeal, the learned counsel for the claimants contended that the income of the deceased ought to have taken at Rs.1O,OOO/- per month. Per contra, the learned counsel for respond.ent No.3 contend.ed that the income of the deceased taken at Rs.6,OOO l- pet month is appropriate and need not be interfered with- g. when the record is perused, it is seen that the Tribunal has considered. the avocation of the d.eceased as a cooli earning at Rs.5O0/- per day. It is a point to be noted that the deceased was a resident of Bolwanpatly village of Kosgi Mandal and an agricultural cooli. Even, in case, per day income for labour is taken at Rs'SOO I - per day, an agricultural labourer is a seasonal work which is not available all through the year. Therefore, the Tribunal rightly considered the income of the deceased at Rs.6,OOOl- per month' Further, the Tribunal upon perusing the record has considered the age of the deceased as 42 years and rightly taken the appropriate multiglier as'14" which need not be interfered with' Further' since there are four dependants, the Tribunal has deducted I /4tn of the / 4 rncome towards personal expenses and add ed. 2|o/o of the income towards fut:ure prospects. Hence, this Court does not see any reason to irrterfere with the compensation of Rs.9,4s,ooo/_, which is granted by the Tribunal under the head of loss of dependency. 9' Furthe:r, the Tribunal has granted Rs.4o,o00/- towards ross of consorti,m to petitioner No.r, Rs.rs,ooo/- towards transport and funeral expenses and Rs.25,ooo/- towards mental agony. However, in view of National rnsurance co. Ltd. vs. pranay sethi and others', the said finding is set asid.e. This court is of the considered opinion that appellants are entitred to Rs.33,ooo/_ towards funerar expenses and ross of estate (Rs.30,00a/- * roo/o enhancemer-t thereon). [n addition, claimant No.l is entitled for Rs'44,000/- towards spousal consortium and claimant Nos.2 to 4 are entitled Rs-44,ooo/- each towards parentar consortium. Thus, in all the claLmants are awarded Rs.lIrS4rOOO/_. 10' As per judgment of the Hon,ble supreme court of India in Rajesh and .thers v. Rajbir singh and others2, the interest of z.so/o on the compensation is held to be just and reasonabre, therefore, said interest granted by the Tribunal cannot be interfered with. 'lzotly 1G scc 680 'zotg act 1403 = 20 t3 (4) ALT 35 5 ll.Intheresult'theAppealisallowedinpart'Thequantrrmof compensationawardedbythelearned'Tribunalisherebyenharrced fromRs.lo,25,ooo/-toRs.11,s4,ooo/-,whichshallcarryinterestat

7.So/op.a.fromthedateofpetitiontillthedateofrealization,tobe payable by respond'ent Nos'2 and 3 jointly and severally' The RespondentNos.2and3shallpaythecompensationwithinaperiod oftwomonthsfromthedateofreceiptofthisorder.Uponsuch paymentmade,theclaimarrtNos.lto3areentitledtowithdrawthe entireamountinproportiontotheirsharesasdeterminedbythe Tribunalwithoutfurnishinganysecurity.Theshareofcompensation awardedtopetitionerNo.4/minorisorderedtobedepositedasFDRin anynationalized'bankuntiltheminorattainstheageofmajority.The claimantNo.lbeingthenaturalguardianoftheminorisentitledto withdrawtheinterestaccruedthereononceinsixmonthstomeetthe day to daY exPenses of the minor. Miscellaneous Petitions' if any' pending stand closed' There shall be no order as to costs' in this aPPeal, shall //TRUE COPY// SECTION OFFICER Judge At loPUCl To

1. v SJ/PR

2. 3. 4. Two CD CoPies \ L HIGH GOURT RYJ DATED i1510712025 JUDGMENT MAGMA.No.SS9 ot 2023 -d MACMA. IS PARTY ALLOWED v 1s4421 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA

1. Panthula Venkataih, S/o. Laxmaiah, Age 49 years, Occ: Coolie 2. Panthula Krishna @ Krishnaiah, S/o. P.Venkataiah, Age 19 years, Occ- Coolie

3. Panthula Govardhan @ P.Gopal, S/o. P. Venkataiah, Age- 17 Years, Occ- Nil (Appellant oa2023) 3 is declared as a major vide c.o. dated O2lOll2023 in l.A.No.

4. Panthula Mamatha, D/o. P.Venkataih, Age- 12 Years, Occ- Nill Petitioner No.3 and No.4 are minors U/g of their natural father Panthula Venkataiah, the petitioner No.1. All are Fi/o H.No.2-91, Bolwanpally Village, Kosgi Mandal, Mahabubnagar Distict.

1. Syed shafiq, S/o. Syed Anif, Age About 31 years Occ: Rider of Splendor Motor rycle bearing No. KA 33J 0928, Fl/o. E-334, Kammasandra Chandapur Circle, Anekal Taluk, Bangalore, Karnataka State.

2. S.M. isaq, S/o. Abdul Khadar Sab, Aged - Major, Occ- Owner of splendor Motor cycle bearing No. KA 33J 0928, Rl/o. Kakalwar Taluk, Yadgir District, Gulbarga, Kamataka State

3. National lnsurance Company Limited,, rep.by its Divisional Manager, 2nd floor, 5-4-183, Flat No.54, 55, Twin City market Complex, Mojamahi market, Hyderabad. Appeal filed under Section 173 of Motor Vehicles Act against order and Decree made in M.V.O.P.No. 46 of 2022 Dated 0711212022 on the file of the Court of the Motor Accident Claim Tribunal -Cum- Principal District Judge At Narayanpet. ...RESPONDENTS This appeal coming on for hearing and upon perusing the grounds of appeal, the iudgment and Decree of the Lower Court and the material papers in the case and upon hearing the argument of SRl. K VENKATESH GUPTA, Advocate for the Appellant and SRI MOHAMMED ABDUL RASHEED, Advocate for the Respondents 1&2. This Court dr)th Order and Decree as follows: 1 . That the MACMA be and hereby is allowed in part by enhancing the comp()nsation award by the leamed Tribunal is hereby enhanced from Rs.10,25,0001 to Rs.11,54,000/- which shall carry interest at 7.5% p.a. from the date of petition till the date of realization;

2. That the respondent Nos.2 and 3 shall pay the compensation within a period of two months from the date of receipt of this order;

3. That rpon such payment made, the claimant Nos.1 to 3 are entitled to withdraw the entire amount in proportion to their shares as determined by the Tribunal without furnishing any security. The share of compensation awarded to petitioner No.4/minor is ordered to be deposited as FDR in any nationalized bank until the minor attains the age of majority. The claimant No.1 being the natural guardian of the minor is entitled to withdraw the interest accrued thereon once in six months to meet the day to day expenses of the minor; and 4. That save as aforesaid, the decree of the Tribunal shall stands confirmed in all oth,:r respects; and

5. That lhere shall be no orderas to costs in this appeal. Sd/- M.JAWAHAR REDDY ISTANT REGISTRAR ,/TRUE COPY// SECTION OFFICER To

1. The Motor Accident Claim Tribunal -Cum- Principal District Judge At Narayilnpet. 2. Two CD Copies SJ/PR L HIGH COURT RYJ DATED i:,1510712025 DECREE MACMA.No.SS9 ot 2023 MACMA IS PARTY ALLOWED \ w