As per the guidelines of the Hon,ble Apex Court in dictum of Sarta Verma v. Dethi Trq.nsport Corporation,I if the deceased was unmarried, of his income has t

Appeal Under section 173 of tr/otor Vehicles Act, against the order and Decree made in M.V.o.p.No.B45 0f 2006, dated 16.02.2009 0n the fire of the court of the chairman, Motor Accident craims Tribunar-cum-Vfl Additionar Metroporitan Sessions Judge-cum-XXl Addl. Chief Judge, Hyderabad Between: 'l lvl Sre^e Ramulu, S/o.^M. Balaraj Retd. Employee (VRS) R/o Flat No.303, 3rd 2. tvl. Bhagya Laxmi, Wo.. Sree Ramulu Service R/o.Flat No.303, 3rd Floor, FIoor, Sharada Gtory Apartments, cnitrrJjpiilv. uvouiinrJ Sharada Gtory Apartments, Chikkadapiily-, HyJJrabad. AND ...APPELLANT(S) Rana Apartments, Chikkadpally]ffyOeraOia --' l K Venkateswar Rao, ,.s/o r rlagannadham service R/o.H.No. 1-841r3t103A, 2. National Insurance Company Limited,, rep. by its Divisional Manaoer. Divisionat Office No. I t, Swapnatok CorprEr, b"irnd.ir"oJo'''" "'r"' ..RESPONDENTS Counsel for the Appellant(s) : SRt. V HARI HARAN Counsel for the Respondent No.1 : K RAMAKANTH REDDY Counsel for the RespondenNo.2: p.Bhanu prakash The Court delivered the following: JUDGMENT THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A. No . 3O7O of2OO9 JUDGMENT: This appeal is filed against the Order dated L6.02.2009 in O.P.No.B4S of 2006 passed by the VII Additional Mctropolitan Sessions Judge-cum-XXl Additional Chief Judge, Hyderabad.

2. Thc appellants/petitioners filed O'P No 845 of 2OO6' claiming compensation of Rs.21,00,000/ for the death of the deceased, M.surender Mohan in the road traffic accident occurred on 2O.05.2005. 3 . The Trial Court considering the oral and documentary evidence granted Rs.65,000/ Ivith interest @ 60/o per annum from the date of petition to ti1l the date of deposit. Aggrievcd by the said order, petitioners preferred the present aPPeal.

4. The learnecl Counsel for the appellants/ petitioners contended that the tria,l court ought to have accepted trx.A13 and 14 as true and correct and acted upon it. The trial court failed to appreciate that P.W.2 is proprietor of 2 organtzation wherein the deceased was working. The triat court ought to have noted that the policy in question is a package policy as admitted by R.W. 1 in cross_examination. Therefore, requested the Court to modify the order of the trial Court.

5. Petitioners deposed that the deceased was working as Software Engineer in M/S. Arete Technologz and was earning Rs.19,200/- per month and filed E.A13, appointment letter. AS per the said letter, his gross salary was Rs.I9,BOO /- and after deducting professional tax and TDS, it was Rs. I9,2OO /-. This Court finds it reasonable to take his income as Rs. 19,200/_ per month.

6. As per the guidelines of the Hon,ble Apex Court in dictum of Sarta Verma. Vs. Dethi Trq.nsport Corporation,I if the deceased was unmarried, % of his income has to be deducted towards his personal expenses. Thus, the annual income of the deceased after deducting personal expenses comes to Rs.1,LS,2OO/_ per annum and the Honble Apex Court in the dictum of National ' 1zoo9; o scc tz t \ i I J Insurance Cornpang Limited Vs' Pranag Sethi2, held that the future prospects of income of the self-employed deceased shall also be included in determination of the compensation. Thus, considering the age- of the deceased, 4Oo/o ol the income has to be added towards future prospects and thus the amount would become Rs.1,61,20O/ This sum if multiplied with the multiplier applicable to the age of the deceased i.e.18, it would come to Rs.29,O3 ,O4O I -. Thus, the appellants / petitioners are entitlecl to Rs.29,03,04O/- under the head 'Loss of Dependency'.

7. Besides, the appellants are also entitled for compensation under 'conventional heads' as prescribed in [he dictum of National Insura,nce Cotnpang Limited Vs' Pranag Setht, i.e., Rs.15,000/- towards loss of Estate and Rs. 15,0O0/- towards funeral charges' B. Further, the Hon'ble Supreme Court, by reiterating the comprehensive interpretation of 'consortium' given in the authority of Magma General Insurance Compang '(zotz) re scc oso 1 4 Limited, as, Nanu Ram Alias Chuhru Ram & other#, and in the authority between United. Ind.ia Insurance Compang Limited. as, Satind.er Kaur @ Satwinder Kaur and other#, fortihed that the amounts for loss of consortium shall be anvarded to the children who lose the care and protection of their parents as ,parental consortium' and to the parents as, ,filial consortium,for the loss of their grown-up children, to compensate their agony, love ald affection, care ancl companionship of deceased children. Accordingly, it is just and reasonable to award Rs.8O,OO0/- as filial consortium to the petitioners.

9. Therefore, the appellants/ petitioners are entitled for the compensation in the following terms: i 2 3 Loss of dependency Conventional Heads Filia,l Consortium TOTAL Rs.29,03,040/ Rs.30,000/- Rs.80,0OO/- Rs.30,l3,O4Ol-

10. In the result, the appeal is aiiowed by Rs.30,13,040/- (Rupees Thirty Lakhs Thirteen Thousald Forty only) with I lzort; ts scc ro o (zozo) g scc eqq ) interest at the rate of 7 .5o/o per annum from the date of filing the petition till date of rcafization Respondent No.2 shall deposit the entire amount within a period of one month from the date of order. On such Deposit, the petitioners are permitted to withdraw amount with interest equally. The appellants / petitioners directed to pay the deficit court fee on the enhanced arnount. There shal1 be no order as to costs Miscellaneous petitions pending, if any, shall stald closed SD/. M.OSMAN ALI BAIG ASSISTANT REGISTRAR \ \ //TRUE COPY// SECTION OFFICER To,

1. The Chairman, MACT-cum-Vll Addl. Metorpolitan Sessions Judge-cum-Xxl Addl. Chief Judge, Hyderabad (with records if any) 2. One CC to SRI V HARI HARAN Advocate [OPUC] 3. One CC to SRl. 9651/P BHANU PRAKASH Advocate [OPUC] 4. One CC to SRI K RAMAKANTH REDDY Advocate [OPUC] 5. Two CD Copies ry, :l i I I I I I I I HIGH COURT DATED:2310412025 He SI4 1 () 21 NIB 2[25 * z * JUDGMENT MACMA.No.3070 of 2009 ALLOWING THE MACMA WITHOUT COSTS v L)n v IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENry THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No: 3070 OF 2009 Between:

1. M. Sree Ramulu, S/o. ltil. Balaraj Retd. Employee (VRS) R/o.Flat No.303, 3rd Floor, Sharada GloryApartments, Chikkadapally, Hyderabad.

2. M. Bhagya Laxmi, Wo. Sree Ramulu Service R/o.Flat No.303, 3rd Floor, Sharada GIory Apartments, Chikkadapally, Hyderabad. ...APPELLANT(S) AND

1. K. Venkateswar Rao, S/o. K. Jagannadham Service R/o.H.No. 1-841131103A, Rana Apartments, Chikkadpally, Hyderabad.

2. 'National lnsurance Company Limited,, rep. by its Divisional Manager, Divisional Office No.ll, Swapnalok Complex, Secunderabad. RESPONDENTS Appeal Under Section 173 of Motor Vehicles Act, against the order and Decree made in M.V.O.P.No.B45 of 2006, dated 16.02.2009 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-Vll Additional Metropolitan Sessions Judge-cum-XXl Addl. Chief Judge, Hyderabad. ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree ofthe Court below and the material papers in the MVOP and upon hearing the arguments ofSri V. Hari Haran, Advocate for the Appellants and ofSri K. Ramakanth Reddy, Advocate for the Respondent No.1 and of the Respondent No.2 Mr. P. Bhanu Prakash, Advocate This Court doth Order and Decree as follows: 7

1. I'hat the MACMA be and hereby is allowed. 2. That the compensation amount awarded by the Tribunal be and hereby enhanced to Its.30,13,0401 (Rupces thirty lakhs thirteen thousand and forty only) with inrerest @ 7.5%o per annum from the date of filing of the petition till date of realization. Respondent No.2 shatl deposit the entire amount within a period of one month from the date of the order.

3. On such deposit, the petitioncr be and hereby permitted to withdraw the amount \arith interest equally

4. That the appellants/Petitioncrs bc and hereby directed to pay thc deficit coufi fee on the enhance amount.

5. That ave as aforesaid, the dccree of the Tribunal shall stands confirmcd in aL[ othcr respccts; and

6. Thal there shall be no order as to costs in the appeal. SD/- M,OSMAN ALI BAIG SISTANT REGISTRAR ErTloN o +{ tLE{)- To 1 2 The Chairman Motor Accident claims Tribunal-cum-VII Addl. Metropolita, Sessions Judge-cum-XXl Addt. Chief Judge, Hyderabad. Two C.D. Copics. ry. HIGH COURT DATED:2310412025 DECREE MACMA.No.3070 of 2009 ALLOWING THE MACMA WITHOUT COSTS I (