The High Court · 2025

Gounsel for the Appeilant(s):SRt. S SURENDER REDDY Counsel for the Respondent No.l & 2 : counsel for the Respondent No.3 : sRr. A RAMAKRISHNA REDDY The Court made the following: JUDGMENT I i, I I I I I t ! I . :' , : : ;, i I t I I t t i t I THE I{ON'BLE SMT. JUSTICE R'ENUNA .M.A.No. tz6r- of2o.23 Heard Sri S. Surender Reddy, learned counsel for the Reddy, learned appellants/claimants and Sri A. standing counsel for respondent No'3/Insurance Company' Perused the entire record.

2. This is an appeal preferred by thi appellants/claimants Motor aggrieved by the award passed by the learned Accidents claims Tribunal-cum-ll Additional District and sessions Judge, Adilabad (for short 'the Tribunal') in M'V'O'P'No'186 of 2020, dated 28.06.2022.

3. The claim petition was filed on account of death of one Kursanga Jagadish in a road tra-ffic accident' On 23'03'2O19 at 16.30 hours, when the deceased was travelling in an auto bearing No.AP-o1-Y-2099 from Asifabad to Bellampnlli' near the outskirts of Rapallewada Village of Tandur Mandal, one lorry bearing No'TN- l6-C-144L driven by the driver in rash and negligent manner dashed auto from opposite direction' As a result' the deceased suffered grievous injury to teft leg and multiple contusions over the right UL and other injuries all over the body' The deceased was 2 shifted to Government Hospital at Bellampally and he succumbed to the injuries on 24.03.2019 at 1 a.m. On account of death of their son, the appellants have fited the claim petition claiming compensation of Rs. 1O,0O,OOO/-.

4. Upon examining the evidence adduced by both the parties, the Tribunal awarded compensation of Rs.s,6g,6ool- with interest at 7.5o/o per annum. Aggrieved by the sarne, the present appeal is preferred seeking enhanced compensation. 5- [n grounds of appeal, the appellants pleaded that the deceased was aged 17 years and was earning Rs.ls,ooo/- per month by doing tailoring work but the income is taken at Rs.3,ooO l- per month only. on account of the untimely death of their son, the appellants have rost their support in the old age and the Tribunal ought to have granted compensation as per well settled principles of law. Hence, prayed that the compensation be enhanced as Motor Vehicle Act is a beneficial legislation. 6- During arguments in appeal,""the learned counsel for the appellants argued that an young boy of 17 years died and the Tribunal has taken meager amount of Rs.3 ,ooo / - per month as income and thereby, the compensation awarded is not just and fair. It is argued that the appellants have lost a grown up son who \ \ 3 would support them in old age and therefore' the Tribunal ought to haveconsideredhisincomeatRs'15,000/-permonthand accordingly compensation ought to have been ordered'

7. The Hon'ble Supreme Court of India in Meeua Devi vs' Nunu Chand Mahto @ Nemchand Mahto and others in Civil Petition No.7255 of 2022 (Arising out of Special L'eave Petition (Civil) No.5345 of 2Ol9 has taken the notional income of the deceased minor at Rs.3O,OOO/- per arlnum and granted compensation' In the instant case, the Tribunal considering the deceased as a student aged 16 years has taken the notional income at Rs'36'OO0 l- per annum. Therefore, the contention of the appellants cannot be considered for computing the compensation taking the income at Rs.15,OOO/- per month. Further, the Tribunal has granted just and reasonable compensation under the conventional heads' There are no grounds to interfere with the award passed by the Tribunal' As such, the appeal is liable to be dismissed'

8. In the result, the M.A.C'M'A is dismissed' Pending miscellaneous petitions, if any, shall stand closed' No order as to costs. ,,TRUE COPY,, SECTION OFFICER To,

1. The Learned Chairman, Motor Accidents Claims Tribunal-cum-ll Additional District and 2. One CC to 3. One CC to 4. Two CD Cooies GE/psl UC] a '-fi&r- \ \ HIGH COURT DATED:2610812025 JUDGMENT MACMA.No.699 ot 2O23 TXSMISSING THE MACMA WITHOUT COSTS (, / I I ; I ! I I I I I I I I I I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD 1344,21 TUESDAY,THE TWENW SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACC IDENT ctvtL MlscELLANEOU S APPEAL NO: 699 OF 2023 Between: , [!i,ffJ,tft"J;H;3ifr3;Y"'o,Ase. 76, Shanthinag"r, eOif"OlSl 45 years, occ. Asriculture, R/o. Edutaphad Thiryani Mandal, presently residing at U.trtci.SO-

2. Kursanga..lq.lgu Baj,, Wo. Jangu, Age. 41 years, Occ. Aqriculture. FUo. !d.glaph-a{_M[qge, Kannepelai..eo-st otirriryani'rrltinta[ pies;nfly rJsi;l.S;i H.No.56-76, Shhnthinagai, Aditabad ...APPELLANTS/PETITIONERS AND

1. K. Saravanan,, S/o. Kaliyappan, Age. 2g years, Occ. lorry driver bearing TN.1.6.C.1441, R/o. tndiiaidgar, Riwarviyinasir, Ctrennai. N/o. Midd6"Street. Sanjikothamangatam Viflagel Naltatam (postiViruppurjm biitrrcji iimit"iii.' Z. !t..BqqagSs,, S/o. Muruge*l,.lS^e, Mqjq Occ. Owner of tony bearing No. -""- " -' TN. 1.6. c.'t 44 1 fl/o. N9.25, Midd te-streed kbtnim Jnlaram viria'ge,- Trindivanam Talaq, Villuram District,Taniilnadu.

3. Royal Sundaram General lnsurance Company Limited,, Rep. By its Branch !r.gqag..e1,.Branctr offie. No. 127, znd Frcior, i.,taieian ilag;, [itirsi,i iIi,ier, Ettaipiltaichavadv, pondicherry, eirnoicnevrg$$$lDENTsrREspoNDENTs Appeal filed under Section 173 of M.V.Act, against Order and Decree dated 28.06.2022 passed in M.V.o.p. No. 186 ot 2o2o on the file of the court of the learned chairman, Motor Accidents claims Tribunal-cum-ll Additional Distric{ and Sessions Judge, Adilabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Lower court and the materiar papers in the case and upon hearing the argument of SRr. s SURENDER REDDY, Advocate for the Appellants and none appeared for Respondent No.1 & 2 and SRI A.RAMAKRISHNA REDDY, Advocate appeared for Respondent No. 3. This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and is hereby dismissed.

2. That there shall be no order as to costs in this appeal. s llTrueCopyll To

1. The learned Chairman, Motor Accidents Claims Tribunal-cum-ll Additional SECTION OFFICER District and Sessions Judge, Adilabad

2. Two CD Copies. GE/PSL HIGH COURT TE D D=OFI:ri MACMA.No.699 of 2023 DISMISSING THE MACMA WTHOUT COSTS