The High Court · 2025

Petition under Section I 51 CPC praying that in the cirr) ,mstances stated in the affidavit filed in support of the petition, the High Court rn:r' be pleased to stay all further proceedings in MVOP No 54412016 passed by t e Motor Accidents Claims Tribunal cum-Vlll Additionat District Judge, Khammarr Dated 30-03-202.1 , pending disposal of the above appeal. Counsel for the Appellant: SRI RAMA KRISHNA MALLOJHT\ -A Counsel for the Respondents: None appeared The Court made the following: JUDGMENT THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA M.A.C.M.A.NO .7 51 0F 2021 JUDGMENT: This appeal is filed by the lnsurance Company, aggrieved by the Order and Decree dated 'l 3.03.202'1 in M.V,O.P.No.544 of 2016 passed by the Chairman, Motor Vehicle Accident Claims Tribunal- cum-Special Sessions Judge for Fast Tracking the Cases relating to Atrocities Against Women-cum-Vlll Additional District Judge, Khammam (for short "the Tribunal") .

2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal

3. The case of the petitioners before the tribunal is that on

31.08.2015 at about 2:00 p.m., the deceased and others were going in an auto bearing No.AP-20X-9062 to their village from Korivi, and when they reached near petrol pump, Korivi Road, the auto driver has driven the auto in a rash and negligent manner and hit the two wheeler bearing No.AP-36S-3215 in opposite direction, due to which the deceased sustained grievous injuries. lmmediately, he was shifted to hospital and he died while undergoing treatment on

01.q9.20'15. \\ 2 ETO,] /AClv'A No-751 202i

4. The respondent No.1 remained ex-parte

5. The respondent No.2 has filed counter denying he averments of the petition with regard to the occurrence of the lccident, age, avocation and rncome of the deceased. lt is furthei r cntended that the driver of the auto does not possess valid driving rrr gps. and that they are not liable to pay any compensation.

6. Based or.r the above pleadings, trial Court l,; s framed the following issues for trial:- 1 Wlrctlrcr the deceasec;-Ketoth China @ Srinu died ot i 0B ZO15 while shifting to hospital, due to the accident occurrett ,eat petrol Pump, Korivi Road, Mahabubabad caused by the O1 ci ot auto bearing No.AP-20X-9062, driven h rash and neqtt( ( 1t n.,;t1cr and dashed the tuvo wheeler?

2. Whether the claim petitioners are enti ed for contF. tsattonl lf so, how much and from whom? To what relief?

7. To prove their case, petitioners got examir:d pW1 and Exs.A1 to ,A4 were marked. On behalf of the responct nts. RWl was examined and Exs.B1 to 86 and C.l to C5 were marki) l

8. Based on the evidence on record, the Tribunal as awarded a compensation of Rs.16,82,000/-. Aggrieved by the r; rid award, the present appeal is preferred by the Insurance Compan) i I I I i I i I I i 3 ETD,.J MACMA No.751 2021

9. Heard the submissions of Sri Rama Krishna tMallojhala, learned counsel for the appellant-lnsurance Company. None appeared on behalf of the respondents

10. Learned counsel for the appellant has submitted that there were 12 passengers in the crime vehicle. The charge sheet also reveals the said fact that 12 passengers were travelling in the auto at the time of accident. He further argued that the driver of the auto did not possess valid driving license as on the date of the accident and that the policy is limited liability policy and the company cannot be made liable to pay more than six passengers and that so far, this is the only appeal preferred against the cases arising out of the said accident. He fu(her prayed to limit the liability of the company to a maximum number of six passengers. He further argued that the deceased is a mason and thus, his income cannot be taken to be more than Rs.8,0001 per month. He therefore, prayed to reduce the amount of compensation

11. ln view of the above contentions, the points that arise for consideration in this Appeal are as follows:- 1 2 3 Whether the compensation granted by the tribunal is iust and reasonable? Whether the Order and Decree of the fibunal need any inteierence ? To what relief ? I l i l 4 ITD,] /lACM,.\ No.751 2021

12. Point No.1: a) The appellanVinsurer is aggrieved by the quantum of compensation and that the fact of overload in the aLrt: at the time of accident has to be considered. b) A perusal of Ex.A2lcharge sheet reveals that here were 11 passengers, apart from the driver in the auto. A perr tsal of Ex.Bl shows that it is the'liability only policy,issued to fl^r auto bearing No.AP-20X-9062, a three urheeler for not exceeding :; < passengers Thus, the contention of the appellant counsel is that the liability of the company should be limited to the maximum r r,rmber of six passengers. A perusal of Ex.85 i.e., the R.C of the vel- cle shows the seating capacity of the auto to be "4'' apart from the dr ver. However, since the policy is limited to a total number of six per ple, the same can be covered by the insurance company., c) ln the present case, the deceased was a par senger in the auto. PW1 has asserted the same, saying that she is he wife of the deceased and she was also travelling along with her I usband in the auto. She stated that the deceased used to earn Il; 12,000/_ per month by doing mason work. Therefo!.e, on a reasonalle hypothesis, the tribunal has assessed the monthry income of the i lceased io be Rs.8r000/- per month, which appears to be justified :_ 5 ETD,J MACMA N0.751 2021 d) As per the dicta laid down in National lnsurance Company Limited Vs. Pranay Sethi & Othersl , ZSo/o of the income needs to be added towards future prospects. As the deceased is aged ,40, years, adding 25% towards future prospects i.e., 8,000+2000 would give Rs.10,0001 per month, which comes to Rs.10,000/_ x j2 = Rs. 1,20,000/- per annum. e) The number of claimants herein are four and therefore, 1/4th deduction need to be made to his income towards personal expenses and this would come up to Rs.90,0001 (Rs..l ,20,000/_ (_) Rs.30,000/-). f) The multiplier should be chosen with regard to the age of the deceased as per column No.4 of the table given in Sarla Verma Vs. Delhi Transport Corporation2, the deceased being aged ,40, years, the appropriate multiplier is '15'. Therefore, the loss of dependency is assessed as Rs.13,50,000i- (Rs.90,000 x l5). S) ln the light of Pranay Seth/s case, Rs.15000/- towards loss of estate and Rs.15,000/- towards funeral expenses and Rs.40,000/- t<_*-u---'" I 1 ! f t \ ' nrNzorz scc s1s7 ' 2oo9 (6) scc l2l 6 ETO,J .4ACMA No.751 2021 towards loss of consortium have to be awarded and the said amounts should be enhanced by 10% every three ye; r ; h) ln Magma General lnsurance Company Liu ited v. Nanu Ram @Chuhru Ram and others3, the Apex Courl r ls elaborately discussed the principles laid down in Pranay Sethi'r; oase and has further held that not only the spouse but the parents . nd children of the deceased are also entitled to loss of consortium Therefore, in the present case, the claimants would get Rs.48,400r each, hence, the compensation amount under this head would br: Rs.1 ,93,600/- instead of Rs.40,0C0/-. Further an amount of Rs.'1 li 1504 towards funeral expenses and Rs.'18,1501 towards Loss of Est rte have to be awarded. i) ln all, the petitioners are entitled to the followinlg :ompensation Compensation under the head of loss of Rs.13,50,000/- Compensation towards loss of consortium Rs.'1,93,600/- to the Compensation towards loss of estate Rs.18,150/- titioner Compensation towards funeral expenses Rs.18,1501 Total Rs.15,79,9001 amounts:- 1 2 3 4 'lzotsy rs scc t:o I l ! ! i ! i i I I I I I i I l l i i I I f I 7 ETD,J MACMA No.751 2021 j) Therefore, the compensation to which the petitioner is entifled rs calculated as Rs.15,79,900 I while the Tribunal has granted Rs.16,82,000/- Hence, it is held that the compensation awarded by the Tribunal has to be reduced. Hence, Point No.1 is answered accordingly.

13. Point No.2:- ln view of the finding arrived at point No.i, the order and decree of the Tribunal need to be modified reducing the compensation from Rs.16,82,000/- to 1 5,79,900/_. Point No.2 is answered accordingly.

14. Point No.3:- ln the result, the appeal is parfly allowed, modifying the Order and Decree dated 13.03.2021 in |V.V.O.p.No.544 of 2016 passed by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-special Sessions Judge for Fast Tracking the Cases relating to Atrocities Against Women-cum-Vlll Additional District Judge, Khammam, by reducing the compensation from Rs.16,82,000/- to 15,79,900/-, and the compensation shall carry interest @ 7.So/o per annum from the date of claim petition till realization. lt is pertinent to mention in this regard that the insurance company is liable to pay only to a maximum extent of six claims arising out of this accident. No costs. 1 I l' f I I I 8 ETD,J MACMA No.751 7071 [\4iscellaneous petitions, pending if any, in tr s appeal, shall stand closed \ //TRUE COPY// SD/. II. OSMAN ALI BAIG ASI; STANT REGISTRAR. .l SECTION OFFICER To, 'l . The Motor Accident Claims Tribunal-cum-special Sess ons Judge for (FTC) relating to Atrocities against woman-cum-Vlll Add I cnal District Judge, Khammam.

2. One CC to SRI RAIVIA KRTSHNA MALLOJHALA, Advor:r te [OpUC] 3. Two CD Copies o ASA,iVB / I L tt\ sb ( -) 11 HIGH COURT DATED:1 210912025 JUDGMENT+DECREE MACMA.No.751 of 2021 PARTLY ALLOWING THE MACMA WIT] IOUT COSTS l1 o) )A I I i I l l i I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT l3+e,41 THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 751 OF 2021 Between: United lndia lnsurance Company Limited, Rep by its Manager, Divisional Office, Near MRO office, Madhucon Complex, Khammam Town. ...AppellanURespondent No.2 AND

1. Keloth Hussaini and 6 others, Wo. China or Srinu, Aged about 35 years, Occ House Hold,.

2. Keloth Kumari, D/o. China or Srinu, Aged about 19 years, Occ Student, 3. Keloth Naveen, S/o. China or Srinu, Aged about 15 years, Occ Student, 4. Keloth Vinod, S/o. China or Srinu, Aged about 19 years, Occ Student, (The claim petitioners No.3 and 4 being minors are represented by their mother and natural guardian i.e, the 1st petitioner)

5. Keloth Rani, Wo Mangaiah Aged about 60 years, Occ House Hold All are Residents of Kotha Thanda Village, H/o Bommanapally, Tekulapally Mandal, Khammam District. ...Respondents/Claim Petitioners

6. T.Madhu, S/o. Laxmaiah, Aged Major, Owner of Auto bearing No. AP 20 X 9062, R/o H.No.2-1-34, Buddidagadda Basthi, Kothagudem Village and Mandal, Khammam District

7. Banoth Balu, S/o. Hanuma, Aged Major, Owner of Auto bearing No. AP 20 X 9062, R/o H.No. 1 I -121, Venkatiya Thanda, Bethampudi Village, Tekulapally Mandal, Khammam District ...Respondents/ Respondents No.1 Appeal filed Under Section 173 of Motor Vehicles Act, against the Order and decree in M.V.O.P.No.544 ot 2016 dated.30/03/202 1 on the file of the Court of the ---.Ery='/ ,/ Motor Accident Claims Tribunal-cum-Special Sessions Judgr: for (FTC) relating to Atrocities against woman-cum-Vlll Additional District Judge, K I rmmam. This appeals coming on for hearing and upon perusing th I grounds of appeals the judgment and decree of the Lower Court and the material I rpers in the case and upon hearing the arguments of Sri Rama Krishna Mallojhala Advocate Appellant and none appeared for the Respondents This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appe partly allowed, modifying the Order and Decree N/ V.O.P No.544 of 2016 passed by the Chairman, l/ Claims Tribunal-cum-Special Sessions Judge for Fir, relating to Atrocities Against Women-cum-Vlll Adrl Khammam, by reducing the compensation fror Rs.1 5,79,900/- and the compensation shall carry annum from the date of claim petition till realization. tl be and hereby is lated 13.03.2021 in ltor Vehicle Accident t Tracking the cases ional District Judge, Rs.16,82,000/- to tterest @ 7 .Sok per

2. That it is pertinent to mention in this regard that the rlsurance company is liable to pay only to a maximum extent of six cla r s arising out of this accident.

3. That save as aforesaid, the decree of the Lowr: Court shall stands confirmed in all other respects: and

4. That there be no order as to costs in this appeal SD/- IT . OSMAN ALI BAIG ASS,I ;TANT REGISTRAR ^\ //TRUE COPY// SECTION OFFICER To,

1. The Motor Accident Claims Tribunal-cum-Special!esr; rns Judge for (FTC) relating to Atrocities against woman-cum-Vlll Additi rnal District Judge, Khammam- 2. fwo CD Copies ASATVB o I I HIGH COURT DATED:1 210912025 DECREE MACMA.No.751 of 2021 PARTLY ALLOWING THE MACMA WIT} IOUT COSTS \1 it t