The High Court · 2025

2. For thc: sake of corrvenitlr'rcc, the parties will be hereinafter referred to as they arc arravcd beforc rhr: Tribunal.

3. The bricl'fircts of' tht' carsc are that claimant filed M.V.O.P.No.749 of 2016 undcr Scctiort l(16 ol thc N4.V.Act, 1988 seeking compensation for the death of t.hc clcccasecl, n'ho cliccl in the accident alleged to have caused due to rash and rrcgligent manncr of the Tata Van. It is 2 ,V'{R'J M.A.c;f,,.A. No.1AS ol 2O2O contended that on 21.05.2016, the deceased. along with his friend-Ajay went to Maremma Temple on bicycle. When they reached near ': : Altharvani School, at about 7.00 pm, TATA van bearing No'AP 28TC 8998, i1 rash and negligent manner, dashed the deceased bicycle. As a result, they fell down and sustained injuries all over the body' Immediately, the deceased and his friend wbre shifted to Government Hospital, Khammam, holt'ever the deceased succumbcd to injuries' The Police registered a case in crime No.344 of 2O16 under Sections 304-A and 337 of IPC against the driver of the offending Tata Van.

4. The contention of the claimant was that, the cleceased was aged about 13 years and that he was studying 4th class, as on the date of accident aud due to his sudden death, the petitioner lOst love and affection of her son and shc was put to suffer rnental agony, pain and irreparable loss and lost future dependency. Ihe claimant claimed an amount of Rs.4,0O,0O0/- as compensation for the death of phe deceased under various heads-

5. Before the learned Tribunal, respondent No.1 (owner of the Tipper Lorry) filecl counter affidavit arrd contended that therr \ /as no negligence on the part of the driver of Tarta van beadng No.AP 28'fC $998 and the offending vehicle \,'as insurect with the 2nd respotrdcnt, tt'hich was l" I( / l, ,.,1 3 M- A. c. M. a. t to. 4 s s .ff{o subsisting as on the date of accidcnt and the driver of Tata van was also having valid and effective driving licence at the time of accident. Respondenl. No.2 (National Irrsrrranr:c Company Limited,) also fiIed counter affidavit that dcnying thc averments made in the claim petition, including the manner in which the accident took place, and su.bmitted that the compensation claimed is excessive and prayed to dismiss the claim petition

6. Basing on the pleadings and averments made by both the counsels, tlre learned Tribunal framecl r.he following issues which reads as under:

7. Whether the decensed Veeranallct Sukunar died on 21.O5,2016 at Gouemment llospital, Khamntam clue to hitting of crime uehicle TATA uan bearing No.AP 28TC B99B at about 19.00 hours nearby Anthoruani Sclwol, Khammam, Khammctrn Rural Nlctndal of Klnmmam District, while lte was returning to Pallequclern uillacJe on bicgcle as pillion rider of his Jriend A.A.iay? 2. Wlrclher the clctinr pe'liti<trtt'r r.s crtitk:ri Jir c<tmpensation? If so, how much c'.nd from wh<tn?

3. To u,hat relieft

7. After tcerusing thc oral ;rrrd clot:unrentarr, evidences and going into the entire record and thc cvid(:ncrcs placecl by both the parties, the learned Trillunal allowed the claim in part and granted compensation of Rs.5r59rOO0/- along with interest (rr 7.StYo per annum. 4 . taRJ a.Lc.M.A- tib.1a' 0i 2d2q B. Being unsatisfied and aggrieved by the colossal compensation amount awarded by the learned Tribunal, the present apptal is fitred by the lnsurance Company/appellant/respondent No.2 on the ground that the learned Tribunal ought to have seen that the Insurance company is not all liable to pay compensation for the reason that the owner/insured has committed breach as to the terms and conditions of the policy and the Ex.Bl-lnsurance polic-v issued to the owner/insured is a goods carrier package policy and a valid permit has to be rnaintairted to ply the said insured vehicle on the road, howeyer at the time of the accident the offending vehicle has no permit and fitness certilicate and prayed this Court to set aside the Award passed by the Tribunal and allow the present appeal. g. Per contra, learned counscl f<lr the claimant sribmits that there is no dispute u,ith regard to acciclcnt, injuries sustained and death of the deceased. PW I & PW2 \\'cre cxamined and Exhibits A.1 to A.5 were marked. Learned counscl furtlrer c<.rntcnded that PW2-who is the eye- witness to the accident deposed that on 21.05.2016, when he was proceeding to his house on [o<lt, he witnessed that at about 7.0O pm, the driver of TATA van bearir-rg No.AP 28TC 8998 drrove his van, in rash and negligent manner and dashcd against the bicycle and as a result, f .1! ;/\ I f ! t i i i I 5 f:ItRar M. A.C. M. A" lto.485 of 2OX) both the deceased and deceased's lriend fell down and sustained injuries and that they were shifted to Government Hospital, and the deceased rruccumbed to injuries, on the same day while undergoing treatment and PW2 has specifically stated that that the accident was occurred due to rash and,negligent driving of the driver of the offending crime vehir:le TATA van bearing No.AP-2ti-TC-8998 and further submits that there are no merits in the appcal arrrcl prayed this Court to dismiss the presenr- appeal.

10. Hearrl, srt A,Rqmakrishna Redd.g, learned counsel for the appellant - National Insurance Compan-v Limited and Sn R.Alcrgeshuqr Rao, representing Sri V.Brahamaiah Chou,dary, learned counsel for the respondents.

11. Admir:tedly, the respondcnt/r:raim.rnr have not tiled any appeal and cross rlppeal against thc Ar.vard passccl bv the learned Tribunal. As such, the respondents/claimant appcurrs to be satisfied with the compensation amount awarded bv thc Trilrunal. Therefore, the points which arose before this court in the present appeal is that: 1) Whether th.e Tibuna.l has ritgltlltl rr.ssessed the income oJ- the decea:;ed. 2) Wlrcther the Tribunal hus uturrnlrrl excess amour'.t to the cl.ctittant, i/'.so. Io tultut c.rletrl? cornpensation 6 ,urn., r"A.c, M. L lto.4a5 of, 2ON Point No.1 & 2: 12. Admittedly, the deceased died due to accident occurred on 21,05,2016. As on the clare of acciclent, the deceased was qged about 13 years and studying 4tt' class in Oovcrnmcnt School and that he was hale and healthy. Ex.A2-Charge-sheet reveals that the accident occu1,1d not due to any mechanical defect of the crime vehicle, which is evident by . '1,... the Ex.AS - Motor Vehicle lnspector Rcport and the accident occurred due to rash and negligent clriving of thc driver of the Crirqe Vehicle Tata Van bearing No.AP-28-TC-8998. Hence, it is admitted fact that the deceased died for the injurics sustaincd by him due to rash and negligent driving of the offending vchi<:le and Bx. B 1 - Policy Copy clearly shows that at the time ol'the accident the offending crirne vehicle was insured by the respondent No.2/appellant, hence respondent No.2 cannot escape the liabilit-y as ro pal,ing the compensation to the claimant. As far as computation of compensation is concerned, as the T deceased was minor and n<-rn-earning membcr, the Tribunal has calculated the notional incomc of thc deccased as per Second Schedule under Section 163-A of Nl.V.Ar:t and taking the notional income of the deceased@ Rs.4O,OOO/- pcr annum u,hich appears to be reasonable and based. on ground realities. Hos,ever the Tribunal has awarded an *-\ , t 7 lnn a, M- A.C. M. A. tlo.4I 5 ol 2O2O amount of Rs.25,OOOl- under the head and'Love and affection'which appears to be contrary to the judgment passed by Honble Supreme Court in iUnlted India Insurance Co. Ltd. us Satlnd.er Kaur @ Satwtnder Kaur And Orsr, wherein it wo,s held that "'l-he amount to be awarded" for loss consortium will be as per tL,.e amount jixed in Pranay Sethi (supra). At this staqe, we consicter il rrecessary to prouide u.niformity tuith respect to the grant of consortium, and loss of loue and affection. Seueral Tribunals and High Courts haue been awarcling compensation for both loss of consofli.um and loss of loue and aJfection. The Constitution Bench in Pra'.nag Sethi (supra), hns recognized only three conuentional heads under uhich compensation can be awarded utz. loss o/ estate, loss of consortium and funeral expenses. In Mctg1ma General (sutrtra), this Court gaue a comprehensiue interpretation to consortiutn to incltt.de sporrsnl consortium, parental consortiurn, as well as filial consortium. I.os.s of loue ctnd affection is comprehended in loss of consortium. I'h.e 'lYibunals and High Courts ere direr:ted to award compensalion for loss of consortiunl, tultich is a leqitimate conuertlional head.. There ts no -iust.ifir:cttiort t<t crtuercl compensation towanls loss of loue and affecti.<tn as a seperat<: head."

13. In thr: light of judgment passed b-v Hon'ble Supreme court in tlnited. Incliq. Insurance Co. Ltd. us Satind.er Kaur (ti, Satwlnd.er Kaur And ors (cited suprq,) and Natlonq.l Insurance compang Limited Vs. Pranag Sethi q.nd others2, rhis Court is of opinion that the compersation amount granted undcr lhc 'l,ove and Affcction'ought ,ITR 22017 ACJ2700 2O2O SUPREME CoURT 3076, AIRoNLINE 2O2O SC 620 i a : I i i ! t i a t I t , I I t I , E I I t I i t ,: i: t, i 1 : a I q , e E E 3 E 5 E g * T I I € 6 8 ItM,"t t. A. C. M. L tib. 1 8 S ol ZON not have been granted by the Tribunal and accordingly, the same has to be deducted from the compensaticln amount

14. On overall re-appreciation <lf the pleadings, material on record and the law laid down by the Flon'blc Suprcmc Courrt in the albresaid cited decision. I am of the opinion that t]rc pctitioncr is entitled to enhancernent of compensation as rnodifir:d and rccalculated as above and given in the table below fcrr casv' reference. Head loss of Dependency loss of [.ove and affection Loss of Dstate Funeral Expenses I- -A-mo""t arrivcd at by thc Tribunal Amount arrlved at by thls Court l{s..5.0,1 .000 / - Ils.5,O4,OO0/ Rs 25,000/ li:i 1i.(Xl(1,' l(r I r.it{)(i. lls. 15,O00/- lls. 15,000/. l{s..;.:i',.()()(.)i ns-S,ga,OOO t-

15. The Tribunal, while errvardinq thc cornl)cnsation, granted interest at the rate of 7,5o/o per annum [r'c.rm the date of thc petition which appears to be reasonable and nceds tro itrterference.

16. In the result, the appcal is allouccl in ltart by reclucing th€ compensation amount lrom IRs.5.59,000/ to Rs.5,34,OOO/- (Rupees Five Lakhs Thirty Four Thousand Rupees onlyl with the / i I j 9 J$n., No.l.8s ot 2OZO U. A. c. U. ^. lnterest of 7,So/o. The respondents are directed to deposit the said annount togcthcr u'ith costs a.nd intcrest after giving due credit to the announr alrc'ad.y deposited, if any, within a period ol tr+,o months from the receipt of a copy of this judgment. on such deposit, the claimant is permitted to u,ithdraw the same without furnishing an!. surety. However, ir_ is made clear that, if the claimant had alread-r., u,ithdrawn the said award amount, the appellant_insurance compan-y is not entitled to recovcr t hc same from the claimants. t7 Misccllzrncours petitions, if any are pencling, shfall stancl <;losed SD/-M.OSMAN ALt BAIG ASSISTANT REGISTRAR ,,TRUE COPY// ECTION OFFICER To, '1. The chairman, Motor Accident craims Tribunar-cum- speciar sessions Judge lo1 .l3st rracking the cases rerating to Atrocities against women-cum-vilr ^ Additioral District Judge, -{ Klammim (With recordi, if any) 2. One CC to SRt. A RAMAKRTSHNA REDDVAdvocate [OpUCj 3. One CC to SRt. NAGESWARA RAO REPAKULA Advotate tO'pUCl 4. Two CD Copies J/gh SN h. HIGH COURT DATED: 1310312025 JUDGMENT+DEGREE MACMA.No.48S of 2020 o() ( * 1HE SIA 2 1 JAll 20?t * [ 2 DRAFTSI MACMA IS PARTLY ALLOWED. 1 u i I I i i i i I I I I ' i i t i I i l [ 3443 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENry FME PRESENT THE HONOURABLE SRt JUSTTCE NARSTNG RAO NANDTTONDA MOTOR ACCIDENT ClvlL MISCELLANEOUS APPEAL NO: 4j5 OF 2020 Between: National lnsurance Co. Ltd., Represented by its Branch Managgr, Trunk Road, Khammam Town and District. ...AppellanURespondent No.2 AND

1. Veeranalla Sangamma , Wo. Rama Swamy, Age. 39 years, @. Household, ...Respondent No.l / Petitioner R/o Pallegudem Village, Khammam Rural Mandaland District.

2. Narayana Kolleti, S/o. Seetha Ramulu, Age. Major, Owner of TATA Van bearing No. AO 28 TC 8998, R/o. H.No.8-55, Sivalayam Veedhi, Nelakondapally Village and Mandal, Khammam Dis'trict ...Respondent No.2/ReFpondent No.l Counsel for the Appellant: Sri. A. Ramakrishna Reddy Apppal filed Under Section 173 of Motor Vehicles Act,1988 against the Order And decree in M.V.O.P.No.749 OF 2016 dated. OglO1l2O20 on the file of the CoUrt of the Motor Accident Claims Tribunal-cum-Special Sessions Judge for Fast TraCking the Cases relating to Atrocities against Women+um-Vlll Additional District Judge, at Khammam. This appeal coming on for hearing and upon peruslng 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 Sri. A. Ramakrishna Reddy, Af,vocate for the Appellant and of Sri R. Nageshwara Rao, Advocate for the Responddnt No.1 and Sri V. Brahamaiah Chowdary, Advocate for the respondent No.2. This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and tlgr€by is a{lowed in part by reducing the compensation arnount from Rs.5,59,000/- to Rs.5,34,000/- (Rupees Five Lakhs Thirty Four Thousand Rupees Only) with the lnterest of 7 .So/op.a.,

2. That the respondents are directed to deposit the said arnount together with costs and interest after giving due credit to the amount already deposited, if any, within a period of two months from the receipt of a copy of this Judgment; ,,/

3. That orr such deposit, the claimnant is permitted to withdraw the same without furnishing any surety;

4. That Hrrwever, it is made clear that , if the claimnant had already withdrawn the sairl award amount, the appellant-insurance company is not entifled to re@ver the same ftom the claimnants;

5. That save as aforesaid, the Judgment and decree of the Tribunal shall stands confirmed in allother respects; and

6. That thr:re shall be no order as to costs in this apeal. SD'.M.OSMAN ALI BAIG ASSISTANT REGISTRAR ,/TRUE COPY/ OFFICER To,

1. The Chairman, Motor Accident Claims Tribunal-cum- Special Sessions Judge for Fas,t Tracking the Cases relating to Atrocities against Women-cum-Vlll Additional District Judge, at Khammam. (With records, if any)

2. Two CD Copies SNJ/gh tW HIGH COURT DATED:{ 3/03/2025 1' f DECREE: MACMA.No.48S of 2020 MACMA IS PARTLY ALLOWED. $/ f