As per the authority in Sarla Verma v. Delhi Transport Corporationl, if .-the aforesaid annual income is multiplied
Case Details
vehicre aobro ruoI T_S. i a fr gslt,@ o' i. ffi :6:56,' Rilnrgi ; ciioiy,-koth * village and Mandal, Ranga Reddy District. 2. Shriram Generar rnsuran^ce c,o Ltd, Represented by its Manager, rv floor, sai Datta Arcade, street No.6, Himayaih t{hgar, HyOeraUaa. ( Policy No.41705213111810094'19 and is varid from z1r3r2o11ro27t3t20r9) Counsel for the Appellants: SMT J SANDHYA RANI Counsel for the Respondent No.2: SRI S HARINATH REDDY The Court made the following: JUDGMENT ...Respondents THE HON'BLE SMT. JUSTICE RENUKA'TARA M.A.C.M.A.N0.679 OF 2023 JUDGMENT:- This is an appeal preferred by the appellants/claimants aggrieved by the order, dated 24.03.2023 passed irr O.P.No.256 of 2019 by the learned Chairman, Motor Accident Clairns Tribunal-cum- Principal District Judge, Mahabubnagar (for short, 'the Tribunal'), wherein an amount of Rs.2,34,500/- has been aw;:rded in a claim petition filed seeking compensation of Rs.6,00,000r- on account of death of a minor child aged one year in a road traffic accident.
2. Heard both sides. Perused the record.
3. The brief facts of the case are that on 29.10.2018 at 8:30 hours at Kothur Village, Ranga Reddy, one Bolero vehicle bearing No.TS34/T- 5977 driven by respondent No.1 came in a rash and negligent manner and dashed the deceased in front of the house of the appellants. As such, the claim petition is flled. The appellants/claimants have examined P.Ws.1 and 2 and got marked Exs.At to AB. The respondents did not examine any witnesses but go: marked Ex.B1- copy of insurance policy. Upon examining the eviden,:e on record, the \riOunat awarded compensation of Rs.2,34,500/- witr interest at 9olo I per annum payable by the respondents jointly and severally. 2 Aggrieved by the same, the present appeal is preferred by the claimants seeking enhancement of compensation.
4. In grounds of appeal, it is contended that the notional income of a child is taken by the Tribunal at Rs.15,000/- per annum and the same is meager and also pleaded that the multiplier is erroneously taken as'15' instead of '18'. The appellants relied upon the judgment of this Court in M.A.C.M.A.No.1575 of 2024, dated 09.06.2025, wherein the notional income of flve years old child is taken at Rs.30,000/- per annum.
5. In view of the facts and circumstances of the present case, the notional income of the deceased infant who is aged one year is taken at Rs.30,000/- per annum. To quantify the compensation towards loss of future prospects, if 4oo/o of the income is included as future prospects, the annual income would be Rs.42,000/- (Rs'30,000/- + t2,OO0/-). As per the authority in Sarla Verma v. Delhi Transport Corporationl, . if .-the aforesaid annual income is multiplied with relevant multiplier of '15', the loss of future earnings of the deceased comes to RS.6,3O,OOO/- (Rs.42,000/- x 15) and if 50o/o is deducted towards personal expenses, then the total income cornes to Rs.3,15,000/-. \zoos1 o s.c.c. rzr 3
6. In addition, the appellants are entifled to R:;.44,000/_ each towards filial consortium, Rs.20,000/_ towards funeral expenses and Rs.20,000/- towards loss of estate. In total, the appellants are entitled to Rs.4,43,000/_ towards compensation. 7. Accordingly, the M.A.C.M.A. is partly allowed. The compensation awarded by the Tribunal is hereby enhanced from Rs.2,34,500/_ to 'Rs.4,43,000/- with interest @ 9% per annum on the enhanced compensation from the date of petition tiil the date of rearization. The enhanced compensation amount sha, be deposited by trre respondents jointly and severally within a period of two months frorn the date of receipt of a copy of this Judgment. On such deposit, tt-re appellants are entitled to withdraw the entire amount, without rurnishing any security. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this app€)al, shall stand closed. SD/.T/I.NAGAMANI ASSISTANT REGISTRAR C:)- SECTION OFFICER //TRUE COPYII To, 1' The chairman Motor Accident craims Tribunar-cum-principar District Judge, ^ Mahabubnagar. (with records if any) 2. One CC to Smt. J Sandhya Rani, idvocate tOpUCI 3. One CC to Sri S Harinath Reddy, Advocatu iOpUii 4. Two CD Copies ABK/PSL r{i- 5 EAT ,z: t .\ ... _)' ( 1 1 ui\ ?s6 i) !i 7, o -::, ;! ."-,.,. ,..4 ' '].' HIGH COURT DATED: 2410712025 JUDGMENT MACMA.No.679 of 2023 PARTLY ALLOWNG THE MACMA \, d(d\ Str 13421 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSANDAND TWENW FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 679 OF 2023 Between:
1. Golla Ramulu, s/o. Late Golla Narsimhulu, age about 38 years, occupation. JCB driver,
2. Golla Krishnaveni, Wo. Golla Ramulu, age. about 34 years, occupation. coolie, Both R./o. Mohammad Mahaboobnagar District. Hussainpally village, Moosapet Mandal, ...Appellants/Claimants AND
1. Vasudev, S/o.Jhagiram, age. 46 years, occupation. owner cum driver of Vehicle Eiolero NoITS.34fi-597i, R/o. H.No. 6-56, Ramnagar Colony, Kothur village and Mandal, Ranga Reddy District.
2. Shriram General lnsurance Co Ltd, Represented by its Manager, lV floor, Sai Datta Arcade, street No.6, Himayath Nagar, Hyderabad. ( Policy No.417 05213 1 I 1 8/0094 1 9 and is valid f rom 28 13 120 18 lo 27 I 3 l2O 1 9) ...Respondents Appeal Under Section 173 of Motor Vehicles Act aggrieved by the Judgment and Decree in M.V.O.P.No. 256 of 2019 dated 24-03-2023 on the file of the Court of the Chairman Motor Accident Claims Tribunal+um-Principal District Judge' Mahabubnagar. ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Tribunal and the material papers in the MVOP and upon hearing the arguments of Smt. J Sandhya Rani, Advocate for the Appe.llants and of Sri S Harinath Reddy, Advocate for the Respondent No.2. This Court doth Order and Decree as follows:
1. That the MACMA is parfly allowed. 2 llgl tlg-C^gTq"T.tion^aw_arded by the Tribunat is hereby enhanced from Rs.4.,43,000/_ with interest at the rate of (ro/o psl annum on the I_.J-J1]?001 Jo - ennanced compensation from the date of petition till the drate'of realizition- 3. That the enhanced comoensation amount shall be deposited by the respondents jointtv and. severailv wittiin t&ri;J;f t*o;;;ii"-fLm tne rrate of receior or a co.py,of this Judgment and on such deposit, tne appettanis ;;;-entiiiJi;' -' - wrnoraw tne entire amount, without furnishing any iecuritv.
4. That save as aforesaid, the decree ofthe Tribunal shail stands confirmed in ail other respects; and
5. That there shall be no order as to costs in this appeal. SD/.M.NAGAMANI ASSiISTANT REGISTRAR G SECTION OFFlCER //TRUE COPYII To, 1 The chairman Motor Accident craims Tribunar-cum-principar District Judge, Mahabubnagar. Two CD Copies 2 ABK,/PSL \qr HIGH COURT DATED: 2410712025 DECREE MACMA.No.679 ot 2O23 PARTLY ALLOWING THE IUACMA \*peb S*