Court in Nationa.l I'rrsurolnce Co. Ltd v. pranag sdthl and otltersr t

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the order and decree dated 22-01-2025 passed in M.V.O.P.No.472 OF 2O2O on the file of the Court of the Motor Accidents Claims Tribunal Cum Xl Additional Chief Judge, City Civil Courts, at Hyderabad. lA NO: 4 OF'2025 Between:

1.MogullaYashoda,WoAnjaiah,Age.40years,occ:Housewife 2. Mogulla Anjaiah, S/o Chandraiah, Age.45 years, Occ: Labourer Both are N/o Mangaliguda Village, l(eshampet Mandal, R.R. District, Prese ntly R/o H. No.2-8465, Amberpet, Hyderaba Petitioners/Claimants/Respondent Nos.l & 2 And

1. Bajaj Allianz General lnsurance _Co. L_!d, lep1e-sgqtgd by its Regional Mdni'ger, O/o North East Plaza, lV Floor, Beside BMW Show Room, Opposite ...APPELLANT'RESPON DENT

2. Komntu Mahender @ Mahesh, S/o Peddaiah, Age. 31 years, Occ: Motor Cycle Rider, R/o 6-10, Mangalguda Village, Keshampet Mandal, R.R. District

3. Valtigonda Harish, S/o Venkatesh, Age. Major, Oq;. Molorcycle Owner, R/o H"No..4-53/3, Chippalapalb, Narketpally, Nalgonda Distrid (Respondent Nos.2 & 3 are not necessary parties to this petition) ...RESPONDENTSI RESPO N D ENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the irrterim stay order, dated: 21-08-2025 passed in l.A.No: 3 of 2025 in M.A.C.M.A. i\o: 1083 of 2025 No: 1083 of 2025 Counsel for the Appellant: Sri. A Ramakrishna Reddy Counsel for the Respondents 1 and 2: Sri. C Mohan Prakash The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT I{YDERABAI) THI HON'BLE SMT. JI'STICE RTNUKA YARA M.A.C.M.A. No. 1O83 of 2O25 22"4 DECEMBER. 2O25 Between: M/s. Bajaj Allianz General Insurance Company.Limited, Hyderabad. ---: Mrs. Mogulta Yashoda, Hyderabad and others. AND ...Appellant I ...ResPondents JUDGIYIENT I{eard Mr. A.Ramakrishna Reddy, learned standing counsel for the appellant and Mr. C.Mohan Prakash, learned counsel for the respondents. Perused the record.

2. The M.A.C.M.A. is filed by the appellant/Insurance Company aggrieved by the order and decree dated 22.01.2025 in M.V.O.P. No. 472 of 2O2O on the file of learned Chairman, Motor Accidents Ctaims Tribunal-cum-Xl Additional Chief Judge, City Civil Court, I{yderabad.

3. The claim petition was filed by the respondent Nos.l and 2lclaimants following death of their son by name Mogutla Srikar in q:n accident that occurred on O1.OL.2O2O at about 18:30 hours 2 RY,J MACMA_1083-2025 wh.en the deceased and another were proieeding on motor rycle berring No.TS OS FB 0386 from kothapet to Mangaliguda. At that tirrLe, the motor cycle was driven in a rash and negligeht manner carrsing the fall of pillion rider on to the road resulting grievous injuries which ultimately lead to his death.

4. In the claim petition, the Tribunal has taken monthly income of the deceased as Rs. 13,00O/- per month. There was no proof of income of the deceased and the age of the deceased was merely 19 yea:'s and also there was no proof of avocation. When there was no proof of avocation and income, notional income has to be takqn into consideration and the same at Rs. l3,0OO/_ per month for a 19 years old youth is a little in excess. Therefore, the notional income is taken as Rs. 10,00O/_ per month. In view of the judgment of the Ape>r: Court in Nationa.l I'rrsurolnce Co. Ltd.. Vs. pranag sdthl and otltersr t 4Oo/o for loss of future prospects on the personal income of the <leceased has to be added. Accordingly, if 4Oo/o is calculated towa::ds loss of future prospects, the total amount would be Rs.1zl,oo0/- (Rs. lo,oOo/- + Rs.4,0o0/-). Since the deceased was a bachr:lor, his personal living expenses shall be S0% of the said amount, i.e., Rs.7,000/-. [n view of the decision of the Apex Court in Mu.nna Lat Jarn a. viprn Kumar sharo.a and. otrter* when the d,:ceased was a bachelor, the age of the deceased has to be '2otz .+c.t zzoo 'z2015 t6) SCC 347 \ \ 3 RY,J I[ACIYIA-1O83-2O25 considered while determining the multiplier and not the age of the younger parent. Since the age of the deceased was 19 years at the time of the accident, the appropriate multiplier is '18'as per the decision reported in Sarlc Venna o. Irelht TYansport Corporation and anotlrc,s. Adopting multiplier 18, his total loss of earnings would be Rs.7,OOO/- x L2 x 18, which comes to Rs.15, L2,OOO/-. Insofar as the amount awarded under conventional heads is concerned, as per the prirrciples laid down by the Apex Court in Pranag Sethi (supral the claimants are entitled to Rs.33,OOO/- towards loss of estate and funeral expenses. Considering the Ex.A.6-bunch of medical bills, the Tribunal has rightly awarded Rs.2,93 ,557 l- towards medical bills. Further, considering the fact that the claimants are the parents of the deceased, this Court is inclined to award a sum of Rs.4O,O00/- each to the claimants under the head of filial consortium as per the decision of the Apex Court in Magma @;neral Insurance Company Limited o. Nanu Ro;m @ Chuht.rt Ro;m and. oth;ers/. Thus, in all, the claimants are entitled to only Rs.19,L8,5571-.

5. Accordingly, the M.A.C.M.A. is partly allowed. The compensation awarded by the Tribunal is hereby reduced from Rs.23,72,100/- to Rs.19,18,557/-, together with interest @ 7.5o/o per annum from the date of petition till the date of realisation, t (zoog) 6 scc 121 o (zors) 18 scc 13o 4 RY,J MACMA_I083_2025 pay,able by the appellant and respondent Nos.3 and 4 herein jointly and severally. The said amount shall be apportioned in the manner as ordered by the Tribunal. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand clos,:d. Sd/. M.JAWAHAR REDDY ANT REGISTRAR ,/TRUE COPY// SECTION OFFICER To Judge, City Civil Court, Hyderabad.

1. The Chairman, Motor Accidents Claims Tribunal -Cum - Xl Additionat Ghief 2. One CC to Sri. A Ramakrishna Reddy, Advocate tOpUCl 3. One CC to Sri. C Mohan Prakash, Advocate tOpUCI 4. Two CD Copies w 1 \ HIGH COURT ATED:22112t2025 \ I f o t I1 $1[ R 20?6 * P&'t * JUDGMENT MACMA.No.1083 of 2025 PARTLY ALLOWED G*fA X* / IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TT/VENry FVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTO R ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1083 OF 2025 Between: Bajaj Allianz General lnsurance Co. Ltd, Represented by its RegionalJvlanager, O/o North East Plaza, lV Floor, Beside BMW Show Room, Opposite RTA Office, Erramanzil 'X' Roads, Hyderabad : ...APPELLANT/RESPONDENT No.3 AND

1. Mogulla Yashoda, Wo Anjaiah, Age. 40 yearc, Occ: Housewife 2. Mogulla Anlaiah, S/o Chandraiah, Age. 45 years, Occ: Labourer Both are N/o Mangaliguda Village, Keshampet Mandal, R.R. District, Presently R/o H.No.2-8465, Amberpet, Hyderaba Respondent Nos.l & 2/Petitioners

3. Kommu Mahender @ Mahesh, S/o Peddaiah, Age. 31 years, Occ: Motor Cycle Rider, R/o 6-10, Mangalguda Village, lGshampet Mandal, R.R. District 4. Valligonda Harish, S/o Venkatesh, Age. Major, Occ. Motorcycle Owner, R/o H.No.4-53l3, Chippalapalle, Narketpally, Nalgonda District ...RESPONDENTS Appeal filed under 173 of Motor Vehicles Act against the order and decree made in M.V.O P.No.472 ot 2020 daled 22.01.2025 on the file of the Court of the Motor Accidents Claims Tribunal -Cum - Xl Additional Chief Judge, City Civil Court, Hyderabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Court below and the material papers in the MVOP and upon hearing the arguments of Sri. A Ramakrishna Reddy, Counsel for the Appellant and of Sri. C Mohan Prakash, Advocate for the Respondent No.1 and 2. This Court doth Order and Decree as follows:

1. That tlre Motor Accident Civil Misceltaneous Appeal be and hereby is Partly .. Allowed:

2. That the compensation awarded by the Tribunal is hereby reduced from Rs.23,72,100/- to Rs.19,t8,557/-, togetherwith interest @7.5Yo p.a. from the date c,f petition till the date of realization, payable by the appellant and respordent Nos.3 & 4 herein jointly and Severally;

3. That the said amount shall be apportioned in the manner as ordered by the Tribunrel;

4. That save as aforesaid, the decree of the Tribunal shall stands confirmed in all other respects, and

5. That there shall be no order as to costs in this appeal. Sd,- M.JAWAHAR REDDY AS STANTREGISTRAR //TRUE COPY/' ECTION OFFICER To

1. The Cl'airman, Motor Accidents Claims Tribunal -Cum - Xl Additional Chief Judge, City Civil Court, Hyderabad.

2. Two CD Copies o'Y( HIGH COURT D ATED i22t1212025 *' II t ; DECREI= MACMA.No.1083 ot 2025 PARTLY'ALLOWE D \{ d("h&