The High Court · 2025

Bittu Srinu, S/o. Sakru, Age: Major, Occ: Business, R/o. H.No.3-92lA, Fathepur, Ghanpur Station, Warangal District, Telangana State. (Owner of the Auto rikshaw bearing No. AP-36-W-4179). Reliance General lnsurance Company Ltd, Branch Office. # 4-1327 to 337, lV Floor, Sagar Plaza, Abids Road, Hyderabad, Telangana State, Rep. by its Branch Manager. B. Mothilal, S/o. Somla, Age: Major, Occ: Driver of Auto rikshaw bearing No. AP-36-W4179, R/o. H.No.5-2-71, Ambedkar Nagar, Jangom town, Warangal District ...RESPONDENTS/ RESPONDENTS Counsel for the Appettants: SRl. C MOHAN PRAKASH Counsel for the Respondent I to 3:SRl J C FRANCIS Counsel for the Respondent No.2: Sri K.AJAY KUMAR The Court delivered the following: JUDGMENT a HON'BLE SRI JUSTICE C.V.BHASKAR REDDY 2713 of 2OL9 JUDGMENT: TtLis appeal, under Section 173 of the Motor Vehicles Act, 19BB is filed by the appellants-claimants, challenging the judgment and decree cated 26-04-2019 passed in M.V.O.P.No.268 of 2015 by the chairman, Motor Accidents claims Tribunal-cr--l Aaaitional District Judge, llalgonda (hereinafter referred to as ,,the Tribunal,'), whereby the Tribrrnal awarded a total compensation of Rs.3,70,000/- along with inte rest at 67o per annum from the date of petition, as against the clainr of Rs.8,00,00O/- for the death of the d.eceased- Aithe @ Avithe M;rllamma, in a road accident.

2. Tht: brief facts of the case are that on o2-o3-2o15 the deceased and somr: others were travelling in an auto-rickshaw bearing No.Ap- 36-w-417'9 and when they reached near outskirts of rangutur Village on N.H-1ri3 road, the auto met with an accident due to the rash and negligent driving of the said auto driver. Immediately, the deceased was shifr.ed to Government Hospital, Alair, for treatment and thereafter to Gandhi Hospital, but she died en route. A case in crime No.22 of 2015 was registered under sections 304-A and 337 Ipc against the driver of the auto. stating that the deceased used to earn Rs.6,ooo/- per month by doing coolie work and. that due to the I 2 sudden demise of deceased, the claimants, who are her husband and children, lost love and affection and financial support of the deceased, filed the aforesaid claim petition before the Tribunal, under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.8,OO,OO0/-, against the owner, the insurer and the driver of the auto.

3. Before the Tribunal, the owner and the driver of the auto i.e., respondent Nos. I and 3 remained ex parte. Respondent No.2-insurer filed a counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.

4. After considering the oral and doc-umentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to " the rash and negligent driving of the driver of the auto and awarded compensation of Rs.3,7O,OOO/- with interest at 60/o per annum from the date of petition till the date of deposit. Challenging the same, the appellants-claimants filed the present appeal seeking enhancement of the compensation.

5. Learned counsel for the appellants would submit that compensation granted by the Tribunal is meagre and as per the principles laid down by the Hon'ble Apex Court in National 3 Insuro.nce Cornpang Limited. os. Pronag Sethi and. othersl, the appelle nts are also entitled to the future prospects and also Rs.B4,OOO/- (Rs.70,00O/- + l07o enhancement for every three years) under :onventional heads. Learned counsel would also submit that the Honble Supreme Court in Nationo,l Insurance Compang Ltd.. us. Mannat Johal and others2 held that the reasonable rate of interest to be arvarded in motor accident claim cases shalt be T.so/o per annum and therefore, prayed this Court to modify the impugned award.

6. On the other hand, learned Standing Counsel appearing for responcent No.2-lnsurance Company would submit that the compensation has been rightly granted by the Tribunal and the same need not be enhanced.

7. The linding of the Tribunal that the accident occurred due to rash and negligent driving of the driver of the auto and that respond:nt No.2-insurance company is liable to pay compensation to the appr:llanls has become final, as the same is not chalrenged by the respondr:nts.

8. In:;ofar as the quantum of compensation is concerned, even acceptinl3 the notional income assessed by the Tribunal at Rs.3,ooo/- per month, the compensation awarded is grossly deficient, as the | 2077 AC"t 2700 2 AIR 2019 SC 2079 :?t a 4 Tribunal failed to add 4Oo/o towards future prospects, as per the decision of the Honble Supreme Court in Pranag Sethi's case (supra). Therefore, annual income of the deceased comes to Rs.SO,4OOI- (Rs.36,000 + Rs.14,4OO). If t14tn is deducted towards personal living expenses of the deceased, hef total annual contributiontothefamilyComeStoRs.37,B00/-(Rs.50,4oo Rs.12,6O0). By applying the multiplier '15', as adopted by the Tribunal, total loss of earnings comes to Rs.5,67,OOOl- (Rs.37,800/- x 1s).

9. As regards compensation under conventional heads is concerned, it is apt to refer to the decision of the Hon'ble Apex Court in Pranag Sethl's case (supra), wherein it was held as follorvs:- "Reasonable figures on conuentional heads, namelg, loss o/ estate, loss o/ consortium and funeral expenses shouLd. be Rs.15,OOO/-, Rs.40,OO0/- and Rs. 15,OOO/- respectiuely. The aforesaid amounts should be enhanced at the rate of 1O% in euery three years." Taking into consideration the aforementioned decision, this Court is inclined to grant an amount of Rs.84,000/- under the conventional heads to the appellants. Thus, the appellants are entitled for total compensation of Rs.6,5 1,0O0/- (Rs.5,67,000 + Rs.84,000).

10. Coming to the rate of interest, as the Hon'lcle Supreme Court in Mannat Johal's case (supra) and in.several subsequent decisions held that the reasonable rate of interest to be awarded in motor l ,:,. : a t I 5 accident claim cases shall be T.so/o per annum, this court is of the opinion that the rate of interest awarded by the Tribunal, in the instant case, is on the lo'"ver side and requires modification. 1 1. k the res,lt, this appeal is partly allowed and the impugned award passed by the Tribunal is modified by enhancing the compen:sation from Rs.3,7o,00ol. to Rs.6,51,o00/- with interest at

7.5o/o per annum from the ciate of petition tili the date of realization. The rest of the terms and conditions imposed by the Tribunal shall remain trnaltered. No order as to costs. As a sequel, the rniscellaneous petitions pending, if any, shall stand clc,sed. \ To Sd/. M.JAWAHAR REDDY T REGISTRAR //TRUE COPYII CTION OFFICER Nalgonda. (with records if anv) t. Inp Cherirman, Motor Accident Civil Tribunal-cum-l Additional District Judge, 2. One CC to SRl. C MOHAN pRnfnSU, Advocate tOpUCI 3. One CC to SRt. J C FRANCIS, Advocate tOputi '' 4. One CC to SRt. K AJAY KUMAR, Advocdte tOpUCt I -' - 5. Two CD Copies Kdpr '+.r. .'.+r:rrts411 :.?1.'x"i?,q,&f,*. .:::'.)jffi,{.Ar -':i . .:i.:,j,: ., ttEt B o(J 13 ilfifl 2026 I''Er J; HIGH COURT CVBR, J DATED i 2711112025 JUDGMENT MACMA.No.2713 of 2019 PARTLY ALLOWED .Tre rcf-fze r' / .r:;'ti=::, r tN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY 3 Appeal filed under Section 173 of M.V.Act, against Order and Decree in M.V.O.P.No. 268'ot 2015 dated 26-04-2019 on the file Court of the Chairman, Motor Accidents Claims Tribunal -cum- I Additional District Judge at Nalgonda Between:

1. Aithe @ Avithe Ramulu, S/o. Beeru [t/allaiah, aged. 52 Years, Occ: Agriculture, 2. Aithe @ Avithe Srishailam, S/o.Ramulu, aged. 23 Years, Occ: Coolie. 3. Aithe @ Avithe Bala Kishan, S/o.Ramulu, aged. 20Years, Occ: Student. 4. Aila -Lalitha, D/o. A.Ramulu, aged. 27 Years, Occ: Household. Att are R/o. Patel Gudem Village of Alair Mandal, Nalgonda District. Presentty residing at Marrigudem Village of , Nalgonda Mandal, Nalgonda District ..APPELLANTS/C LAIMANTS AND

1. Bittu Srinu, S/o. Sakru, Age: Major, Occ: Business, R/o. H.No.3-9214, Fathepur, Ghanpur Station, Warangal District, Telangana State. (Owner of the Auto rikshaw bearing No. AP-36 -W4179)..

2. Reliance General Insurance Company Ltd, Branch Office. # 4-1327 to 337, lV Floor, Sagar Plaza,Abids Road, Hyderabad, Telangana State, Rep. by its Branch Manager.

3. B. Mothilal, S/o. Somla, Age: Maior, Occ: Driver of Auto rikshaw bearing No. AP- 36-W4179, R/o. H.No.5-2-71, Ambedkar Nagar, Jangom town', Warangal District Appeal filed under Section 173 of M.V.Act, against Order and Decree in M.V.O.P.No. 268 of 2015 dated 26-04-2019 on the file Court of the Chairman, Motor Accidents Claims Tribunal -cum- I Additional District Judge at Nalgonda 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 SRl. C MOHAN PRAKASH, Advocate for the Appellants and SRI J C FRANCIS, Advocate for the Respondents 1 and 3 and sRl K. A,JAY KUMAR, Advocate appeared for Respondent tto.z. This Court doth Order and Decree as fo[oWs: 1- That tl're Motor Accident Civil Miscellaneo-us Appealte and hereby is parfly allowecl by enhancing the compensation from Rs 3,70,000 to Rs 6,s1,oooi- with interest at 7.570 per annum from the date of p6tition till the'date of realizalion;

2. That the rest of the terms and conditions imposed by the tribunal and shall remain unaltered;

3. That save as aforesaid, the decree of the tribunal shatl stands confirmed in all other r€rspects; and

4. That there shall be no order as to costs in this appeal. Sd/. M.JAWAHAR REDDY TANT REGISTRAR //TRUE COPY// ECTION OFFICER To 1- The Chairman, Motor Accident Civil Tribunal-cum-l Additional District Judge, Nalgonda. 2. Two CD Copies Kvr/pr -.-' W HIGH COURT DATED: 2711112025 t / DECREE MACMA.No.2713 of 2019 PARTLY ALLOWED KS r+fz-f ze