The High Court · 2025

Counsel for the Appellant: SRI V. ATCHUTA RAM Counsel for the Respondent No.1: None Appeared Counsel for the Respondent No.2: SRI V.SAMBASIVA RAO The Court made the following: JUDGMENT THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.16()l of 2()1() JUDGMENT: This :rppeal is fi1ed against the Order dated O 1.06.2010 in O.P.No.776l 'tf 20O8 passed by the learned X-Additional Chief Judge, Fas1, T-ack Court, City Civil Court, Hyderabzrd.

2. O.P.Nfo. 1761 ot 2O08 was filed by the appellant herein claiming compcnsation of Rs.3,0O,OOO/- for the cleath of the deceascd Irlarasimha Goud, who died in the motor vehicle accrdent occucred on 14.06.2O08. The trial Court got examined P.Ws.1 ancl 1l on behalf of appellant/petitioner and marked trxs.A 1 to A5 on their behalf. No evidence was adduced on behalf oi the respondcnts. The trial Court after considering the oral and dccumentary evidence of both sides, granted compensation of Rs. 1 ,95,0OO/ - with interest at the rate of 9o/o per annum fr:m the date of filing the petition till realization. Aggrieved l-y the said Order, petitioner therein preferred the present appca .

3. The briei lacts of the case are that on 14.06.200g, when lhe deceased Narasimha Goud, along with the petitioner and 2 some olhers, were procecding in a auto rictsharv bcaring No.AP 24 W 1505, from Ghatkesar village to Basha Nagaram village, the driver of the lorry bearing No.AP 28 V 5366, drove it in a rash and negligent manner, at a high speed ar-rd hit the auto from the opposite clirection. As :r result, deceased Narasimha Goud, sustained fatal injuries and died on the spot. The Police of PS Keesara registered a case in Cr.No. 1O9 of 2008, under Section 304-4. and 337 of IPC, against the driver of the lorry.

4. The learned Counsel for the appellant/ petitioner mainly contended that the trial Court erred in considering the income of the deceased as Rs.2,50O/- per month instead of Rs.3,300/- and the multiplier was also wrongly taken ars 11 instead of 13. He also contended that the trial Court has granted very meager amount under ail other heads. Therefore, requested the Court to enhance the compensation amount granted by the trial Court.

5. Perusal of the record shows that deccased was a toddy tapper and earning Rs.3,300/- per month and the appellant/ petitioner filed the O.P under Section 163-4 of M.V.Act. As per second schedule of Section 163-A of M.V.Act, considering the age of the deceased i.e., 54 years and the !n}'.:},.*.-.f.. v ) annual income of Rs.40,00O/-, the multiplier can be considered as 11 and thr.s he is entitled for compensation of Rs.4,00,000/-.

6. Besides, appellant herein is also entitled for compensation under 'conve ntional heads' as prescribed in the dictum of National Insurance Compang Limited. Vs. Pranag Sethi, i.e., Rs. 15,000/- r-owards loss of Estate and Rs.15,000/- towards funeral charlles and Rs.4O,OO0/ to the appcllant towards spousal coi:rs()rtium. Therelore, appellant/petitioncr is entitled lor Rs.70,OOO /- under 'Conventional heads'_ 7 . Therr:fo -e, appellant/ petitioner is entitled for the compensatiun in rhe following lcrms: 1 2 Loss of dependency Rs.a.OO,O00/- Conventional heads Rs.70,OO0/- TOTAL Rs.4,7O,OOO/-

8. In thc result, the present appeal is allowed enhancing the compensation amount granted by the trial Court from Rs.1,95,0OO/- to Rs.4,7O,OOO/- (Rupees Four lakhs Seventy Thousand onty) with interest at the rate of T .Sok per annum from the date of filing the petition till date of realization. Though i 4 '_:. respondents No.1 and 2 are jointly and severally liable to pay compensation, respondent No.2/lnsurance Company is directed to deposiL the entire amount within a period of one monlh from the date of this Judgment. On such deposit, appellant/ petitioner is permitted to withdraw the entire amount along with interest accrued on it. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. T.JAYASREE PUTY REGISTRAR D ECTION OFFICER To,

1. The Chairman N/otor Accident Claims Tribunal-cum- X Additional Chief Judge, City Civil Court, (Fast Track Court), Hyderabad. 2. One CC to Sri V. Atchuta Ram, Advocate IOPUCI 3. One CC to Sri V.Sambasiva Rao, Advocate [OPUC] 4. Two CD Copies Spare KVR,NVB trF HIGH COURT DATED:21 10312025 riiF- ST1 tJ\ ' ( D ', j !l't ?m :." :, !. JUDGMENT+DECREE MACMA.No.1601 of 2010 ALLOWING THE MACMA WITHOUT COSTS q il:i 6 [ 3208 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY FIRST DAY OF ]VIARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1601 OF 2010 Between: P. Swaroopa, hyd., Wo Late Narasimha Goud Housewife R/o H.No.2-6-9314, Azamabad, Hyderabad ...AppellanUC laimant AND

1. D. Balu Sio. D. Basha lvlajor, Business R/o H.No. 3-40, Pyaravaram (V) Bommala Ramaram (M) Nalgonda District.

2. United lndia lnsurance Company Ltd.,, Rep. by its Regional Manager United lndia Towers, Basheer Bagh, Hyderabad ... Respondents/Respondents Appeal filed Under Section 173 of Motor Vehicles Act, against the Order and decree in tt/.V.O.P.No.176'1 of 2008 dated.0'1/06/2010 on the file of the Court of the Chairman Motor Accident Claims Tribunal-cum- X Additional Chief Judge, City Civil Court, (Fast Track Court), Hyderabad. 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 arguments of Sri V.Atchuta Ram, Advocate for the Appellant and of Sri V.Sambasiva Rao, Advocate for the Respondent No.2 and none appeared for the respondent No.1 . This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed by enhancing the compensation amount from Rs.'1,95,0001 to Rs.4,70,000/- (Rupees Four lakhs Seventy Thousand only) with interest at the rate of 7.5o/o per annum from the date of filing the petition till the date of realization.

2. That though the respondents No1 and 2 are jointly and severally liable to pay compensation. 3 That the respcndent No.2/rnsurance company be and hereby is directed to deposit the entire amount within a period of one month from the date of this J udgment. 4, That on such deposit, appeflanupetitioner is permitted to withdraw the entire amount along with interest accrued on it.

5. That save ars aforesaid, the Judgment and decree of the Tribunal shall stands confirmed in all other respects; and

6. That there shal be no order as to costs in this appeal. SD/. T.JAYASREE UTY REGISTRAR t I S TION OFFICER X Additionat Chief Judge, //TRUE COPYII To, 2 KVRA.iVB The Chairman l/otor Accident Claims Tribunal_cum_ City C^ivil CoLrrt, (Fast Track Court), Hyderabad. Two CD Copies HIGH COURT DATED:21 10312025 DECREE MACMA.No.1601 of 2010 ALLOWING THE MACMA WITHOUT COSTS A-! 7u\1 g.\