The High Court · 2025

Whether tte accident occuned on 28.04.2!16 at about 11:OO p.m., in the limits of Ctennuam Village near Sub Sfafircn to the rash and rcgligent driving of driver of ttre vehicle motor cycle bearing No.IS-O6#-O88SZ Whether the petitioner is entitledto claim ampensation? lf so, fo what amount, from whbh of the reqon&nts? To what relbf?" ,\. ,o 3 ETDJ MACMA No.565_2021

7. To prove their case, petitioners got examined PW1 and 2,and Exs.Al to A9 were marked. On behalf of the, respond€nts, no .r. ' ... :.. - . .

8. Based on the evidence on record, the Tribunal has awarded a coffip€Frs?tion of Rs.6,19,988/-. Aggrieved by the said award, lhe present appeal is preferred by the claimants seeking enhancement of comprensation. 9:: Heard the submissions of Ms. Chandrika, learned counsel . 1". ".r..: . .,:. :. '.':' -:,. :, : representing Sri K. Venkatesh Gupta, tearned counsei 'fOi' the appellant and Sri Rama Krishna Mallojhala, learned'counsel for responclent No.2.

10. Lr3?rned counsel for the appellant has submitted that the deceased was a photographer and that he used to earn more than Rs.10,000/- per month, but the tribunal has assessed the salaryi'of ', '':lr: the deceased as Rs.3,000/- per month and has awarded a ,bW . : ,. : amount of compensation. He further argued that the Apex Court has held thr&Fb.4,500/- can be taken in the absence of any proof in Ramacthandrappa vs. Manager, Royal sundaram Artiaice, i lnsurantce Company Limited'. He therefore, prayed to rely upon the said decision and assess the compensation of the deceased. He ' (zorr) l2 scc 236 .l] 4 ETO,J IvtACMA No.565_m2L further prayed to consider the loss of consotdium, wtrich ,was awarded by the tribunat. He therefore, pralp-d to enhance the compensation. .--"::i' Learned counsel for the submitted that there was no proof of income filed the tribunal and thus, the tribunal has rightly taken flre incorne of the deceased "'to be Rs.3,000/- per month. He further submitted:,that'the deceased was a Bachelor and thus, loss of consortium was not granted by the tribunal. He therefore, submitted to follow the guircelines,laid down in

12. ln view of the above contentions, the poiits that arise for ' , .. ' considerationirrthisAppea|areasfoltows:. ,1

1. Whether the claimants are entiiled to enharrcement of compensation?

2. Whether the Order and Decree of the Tribuhiat neer.J any interference ? - , . ' . r : .: -: ,; ' .:i ..,,.,i j..::.,,.,...1,.1i 2 AtR 2017 SCC 5157 \ (') 5 .: ETDJ MACMA No.555-202L around Rs.15,00' a PnorograPlrer o/.permonthasaphotographer.Nodocurnentis filed to prove the income of the deceased Vs. Manager, RoYal Allian<:e lnsurance company Limited, the Apex court has held that in the absence of any proof of income with regard to a labourer' Rs.4,500/. per month can be safely taken as the income. ln view.of the said decision in Ramachandrappas's case, the monthly income of the deceased if taken as Rs.4,500/- per month, is opined to be just - t,' -": and reasonable. t"' , . 1 ,! l, ,.r c) As per. the dicta laid down in Nafion al lnsurance comptany Limited Vs. Pranay Sethi & Othersa, 41o/o of the income needs to be added towards future prospects. As the deceased is aged '26' yeaFs, adding 40% towards future prospects i'e'' 4'500+1'800 would giveRs.6,300/-permonth,whichcomestoRs'6'300/-x12= Rs.7ti,600/- Per annum. _, .i -\ . , :, , - \ \ 3 (zott) t2scc236 a hngorz scc s1s7 6 , : ,ETD,J MACMA llo555-292l d) Since the dece-ased was bachelor at the time of ttre alleSBO , ,accident,,507o. deduction need to be made to, the inconre of the deceased towards personal expenses and this would come up to : .. -: ,, e),,, The multiplier should be chosen with regard to the age of the deceased as per column No.4 of the table given in Sarla Verm",V9. Dqlhi Transport Corporations, the deceased being aged,l2Qlyears, the appropriate multiplier is '17'. Therefore, the loss of dependency :is assessed as Rs.6,42,600/- (Rs.37,800 x 17\. :. ,,.' :. j' 0 ln the light of Pranay Sethfs case, Rs.15000/- towards loss - .. of estate and Rs.15,000/- towards funeral expenses and Rs.40,000/- ,.t .,., .......:.: .i. towards loss of consortium have to be awarded and the said ramounts should be enhanced by 10% every three years. ' ' '- : _ j .j : ln Magma General lnsurance Company Limited v. Nanu "'t"'t'- "'' '' Ram @ Chuhru Ram and others6, the Apex Court has elaborately discussed the principles laid down in Pranay Seffifs case and has i* b further held that not only the spouse but the parents and children of t: , ,.:.. .i, the deceased are also entitled to loss of consortium. Therefore, in , ,., the present ir: : case, the claimant would get Rs.48,4AU- 5zooq(oiscc tzt ulzotsy t8 scc l3o {a 7 ETD,J MACMA No.565_2021 cornpensation amount uqder this head would be Rs.48,4001- instead . r of Rs.40,000/-.': Further an amount of Rs.18,150/- towards funeral expenses and Rs,18,150/- towards Loss of Estate have to be avrrarderd. h) tix.A7 is the discharge bill issued by SJR hospital, Kurnool, while tlx.A8 and A9 are the original B-certificate and Essentiality Certificate, which shows that his medical bills were reimbursed. A perusal of Ex A6/insqlqnce policy reveals that it is a package poticy and no premium is paid to qover the r:isk of pillion rider. Therefore, the insurance company is not liable to pay any compensation to ,, .:, , ,.,., : cover trhe risk of pillion rider. i) ln all, the petitioners are entitled to the following compensation amounts:- 1

3. Compensation under the head of loss of deoendencv Rs.6,42,600/- towards loss of consortium Rs.48,400/- to the Compensation towards loss of estate Rs.18,150/- Cgnipensation towards funeral expenses Rs.18,{ 501- Total Rs.7,27,300/- -[hus, the compensation to which the petitioners are entitled is D calculated as Rsi7,27,300/- while the Tribunal has awarded 8 EroJ MACMAllo.555-2o21 s, Rs.6,19,988/-, Therefore, it is opined that the petitioners are entitled . ... . 'l for enhan@ment of comPensation. ,:'.. ... l

14. Point No.2:- ' ";',' 1i - held that the order and decree of the Tribunal need to be modified with regard to the quantum of compensation. This court has enhanced the compensation to Rs.7,27,300/- from that of :, that is awarded by the Tribunal' ,*t;U,1,9,988/" I Point No.2 is answered accordinglY.

15. Point No.3:- t.'. i.l' - ,': .i..,".';l ln the result, M.A.C.M.A fited by the claimant is partly allowed, ;a,ryi"g the Order and Decree dated 13.05.2021 in M.V.O.P.No.290 of 2016 passed by the Chairman, Motor Vehicle Accident ctaims Tribunal-cum-Vlll Additional District Judge, ,.: enhancing the compensation from Rs'6,19,988/- to ,|t4afraO.UOn"gall 7,27,3(N/- and the enhanced amount of compensation shall carry interest @ 7.5o/o per annum from the date of claim petition till realization. However, the interest for the period of delay, if any, is r.. ,ilj:.: . forfeited. The respondents are directed to deposit the compensation amount with accrued interest within a period of two months from the datqoT receipt of a copy of this Judgment after deducting the amount : : I i :l ,ti i I I I I l l i I I I I I i1 : I t I i I I I I I I i i I I j i i i i I .! i /-) q ,' l ETD,J MACMA No.565 2021 ,:.. t. ...,.- . :..:.....rr :,,,, .-i1 :.. ,:-.'.',i:l'-': .- .-. if any already deposited.' On-Such deposit, the appellant is entitled to ,',"., t. i . . :-, withdraw the said amount without furnishing any security. No costs Miscellaneous petitions, pending if any, in this appeal, shall stand closed SD'. M JAWAHAR REDDY ASSISTANT REGISTRAR i I ,,TRUE COPY" OFFICER To,

1. The Chairman; MotorVehicle Accident Claims Tribunal-cum-Vlll Additional 2 3ii53u #tS-Tlfli$lEHP'0i$Ers H G U pre Advocate rop u cl 3: 911; ca io Snt. RAMA KRISHNA MALLOTHALA Advocate [oPUC] 4. Two CD Copies GE/PSI- HIGH COTIRT DATED:1510912025 JUDGMENT MACMA.No.565 ot2021 \ \ t cr, S 11 llAH 2020 * PARTLY ALLOWNG THE MACMA WTHOUT COSTS 1 : !. I t I v / IN THE HIGH COURT FOR TTIE STATE OF TEI.ANGANA AT HYDERABAD MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND T\AIENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMAI.A DEVI EADA MOTOR ACCTDENT CIVIL MISCELLANEOUS APPEAL NO: 565 OF 2021 Between: Varamma, Wo. Late Ramaswamy, Age 50 Yrs, Occ.Nil, R/o Marganoor village, Bijinepally Mandal, presently residirg at t-lcusing Board Colony, Mahabubnagar. AND ...APP ELIANT/CI.AI MANT

1. S.Balakrishna, S/o.S.Yadagiri, Age.35 Yrs., Occ.Owner-cum rider of motor cycle bearing No. T5-06- EF-0883, R/o.H.No.5-120, Manganoor Mllage, Bijinepally Mandal, Mahabubnagar District

2. The United lndia lnsurance Company Limited, through its. Divisional Manager, H.No.16-2-67711 and 2, No.301, 3rd floor, Thlfumala Towers, Judges Colony, Malakpet, Hyderabad ..RESPONDENTS Appeal filed under Section 173 of M.V.Act, against Order and Decree dated 13l}5l2)2'l passed in M.V.O.P.No.290 of 2O16 on the file of the court of the Chairman, Motor Vehicle Accident Claims Tribunal.cum-Vllt Additional Oistrict Judge, Mahabubnagar. This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Lowbr Court and the material papers in the case and upon hearing the argument of ' SRl. K VENKATESH GUPTA, Advocate for the Appellant and none appeared for the Respondent No.1 and SRI.RAMA KRISHNA MALLOTHALA, advocate appeared for the Respondent No.2. This Court doth Order and Decrce as folloues:

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

2. That the compensation be and is hereby enhanced from Rs.6,19,988/- to Rs,7,27,300/- and the enhanced amount of compensation shall carry interest @7.SYo per annum from the date of claim petition till realization and that the interest for ffre period of delay, if any, is forfeited.

3. That the respondents be and are hereby directed to deposit the ' '', comrpensation amount with accrued interest within a period of two months from the date of receipt of a copy of this Judgment after deducting the amount if any already deposited. a i.:.

4. That on such deposit by the respondents, the appellant be and is hereby entilled to withdraw the said amount without furnishing any security.

5. That there shall be no order as to costs in this appeal SD/. M JAWAHAR REDDY ASSISTANT REGTSTRAR llTrue Copyll To

1. The Chairman, Motor Vehicle Accident Claims Tribunal-cum-Vlll Additional District Judge, Mahabubnagar. (with records, if any)

2. Two CD Copies. GE/PSL SECTION OFFICER \ HIGH COt'RT DATED:15/0912025 rl{tr^{t MACMA.No.565 of 2021 PARTLY ALLOWING THE MACMA WITHOUT COSTS \ 1/ *^ \P