Tfie High Court · 2025

Counsel for the Appellants Sri C M Prakash Rep. Sri C Mohan Prakash Counsel for the Respondent No 2 SriN S Bhaskara Rao The Court delivered the following Judgment : THE HON 'BLE SRI JUSTTCE J. SREENTVAS RAO M.A.C.M.A.No -2032 of 2Ot4 JUDGMENT: The ap.peliants have hled this appeal seeking enhancement of compensation of claim amount granted by the Motor ,{ccidents Claims Tribunal-cum-Xll Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad (for short 'the tribunal") in M'V.O.P.No'2307 of 2010 from Rs.5,82,OOO,/- to Rs.8,82,OOO/- on account of the death of the deceased in the accident occurred on 12'08'2010' Heard Sri C.M.Prakash, learned counsel representing 2. Sri C.Mohan, learned counsel for the appellants and Sri N.S.Bhaskar Rao, learned counsel for responclent No 2 and perused. the record.

3.8 rief facts of the case: 3.1. On 12.08.2010, the deceased was proceeding as pillion rider on motor cycle bearing No.AP 13A 7435 along with R.Krishnaiah towards Shadnagar from Lingareddyguda and when they reached outskirts of Lingareddy, one iony bearing No.AP 16 LI 7259 stationed in the middle of the road without 2 Is&I MACMA 2032 2074 taking any precamtions and the rider of the motorrycle dashed the lorry. As a result the rider as well as pillion rider sustained grievous injuries and died on the spot.

4. Subrnissions of learned counsel for the appellants:

4.1. t earned counsel for the appellants submits that due to negligent parking of the lorry of repsondnet No.l in the middle of the accident, accident was occurred and the deceased died. He further submits that the tribunal without taking into consideration of the oral and documentar5r evidence, granted meager compensation. He further submils that the tribunal has not awarded any amount towards future prospects. In support of his contentions, he relied upon the judgment of the Hon'ble Apex Court in National Insurance Co. Ltd. Vs. Pranay Sethir, wherein it was held that $,hile assessing the cornpensation in cases of death, the future prospects of the self employed shall also be considered. He further submits that the tribunal has not awarded any amount towards conventional heads and the tribunal has ' 2or7 (6) 170 (sc) a 3 ISR, I MACMA _2032-2014 awarded interest @ 6% only per annum' However' the appellants are entitled for interest @ 7 'soh per annum'

5. Submissio ns of learne d counsel for restrondent No.2:

5.1. Per contra, learned counsel appearing for respondent No.2contendedthatthetribunalafterconsideringtheoral and documentar5l evidence on record has rightly awarded an amount of Rs.5,82,000/- and the appellants are not entitled for enhancement of comPensation. 6 Analys is of the case:

6.1. This Cou.rt considered the rival submissions made by the respective parties and perused the record' It is not in dispute that due to rash and negligent driving of the driver of the lorry, the deceased died. As the deceased was labourer ald he used to earn an amount of Rs.4,5OO/- per month, this Court is inclined to consider the income of the deceased as Rs.4,SOO/ . i\s per the judgment of the Hon'ble Apex Court in National Insurance Co. Ltd. {supra}, if 40 percent of the income is included as future prospects, the monthly income would comesi- ro.-Rs.6,3Oo/-(4,5OO+ 1,80O). As the dependents 4 ISR, -I MACMA-2032 2014 are in four members, L/4*, of the incorne has to be deducted towards personal expenditure, as per law laid down in Smt. Sarla Varma Vs. Delhi Transport Corporation2. Thus, the monthly income of the deceased comes to Rs.4,725 (6,300- 1,575) and alnual contribution of the deceased to the appellants would be Rs.56,7OO/- (4,725x12). At the time of accident the deceased age is 39 years and multiplier '15' is applicable. Hence, the appellants are entitled to an amount of Rs.8,5O,5OO/- (56,700x15) under the head of loss of dependency. The appellants are also entitled lbr an amount of Rs.7O,OOO/- towards conventional heads, funeral expenses and loss of estate. As per the judgment of the Hontrle Apex Court irr V.Meka-la v. M.Malathi and another4, tlne appellanl.s are entitled for an amount of Rs. 1O,OOO/i - towards cost of litigation. Accordingly, the appellants are granted total .ompensati.on amount of 9,3O,50O/- (8,5O,5OC+ 70,OOO+ 1O,OOO)

7. In the result, the M.A.C.M.A is allowed, enhancing the compensation amolrnt granted by the tribunal to the '(2009) 6 S.C.c i2r ' zor+ 15y ALD 42 (sc) ( 5 TSR, ] MACMA_2032_2014 appellants from Rs.5,82,OOO/- to Rs.9,30,5O0/-(Rupees nine I lakhs thirty thousand and five hundred only). The enhanced compensatic)n amount shall car4r interest @ 7 '5o/o per annum from the date of claim petition till realization. The enhanced amount shali be deposited by respondent Nos.1 ancl 2 jointly and severally within a period of two (2) months from the date of receipt of a copy of the judgment. The appellants are entitled to the apportionment of the amount as directed by the Tribuna[. On such deposit, the appellants are permitted to withdraw the amount without furnishing any security. However, th.e appellants are directed to pay the deficit court fee on the enhanced amount. There shall be no order as to costs. Penrling miscellaneous petitions, if aly, sha1l stand closed. No order as to costs. //TRUE COPY// Sd/. T. TIRUMALA DEVI ASSISTANT REGISTRAR SECTION OFFICER To, '1. The Motor Accidents Claims Tribunal-cum-the Xlll Additional Chief Judge (Fast Track tlourt), City Civil Court, Hyderabad (with records, if any)

2. One CC to Siri C lrilohan Prakash, Advocate [OPUC] 3. One 66 16 S;ri N S Bhaskara Rao, Advocate [OPUC] 4. Two CD Cor,ies vNshVA HIGH COURT DATED:1010112025 iE S I,q 2ro a- ,.) i(l ((( 25FEB M C) -> JUDGMENT + DECREE ( 2 DRAFTS ) MACMA.N o.2032 ot 2014 ALLOWING THE MACMA 6 0 { I i i i l j : . i IN THE HIGH COURT FOR TI{E STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO M.A.C.M.A. NO: 2032 OF 20'14 Between:

1. Smt. P. Lakshmi @ Lakshmamma, Wo. Late Sreeramulu, Aged about 35 years, Occ. Housewife

2. P. Anjaiah, W/o. Late Sreeramulu, Aged about 17 years (Being Minor Rep. by his natural guardian and mother Smt. P Lakshmi, Petitioner No. t herein) 3. Smt. P. Saidamma, Wo. Saidulu, Aged about 58 years, Occ. Housewife 4 P. Saidulu, S/o. Late Gopaiah, Aged about60 years, Occ. Nil IAll are R/o. Pairedd(udem Village, Garidapally Mandal, Nalgonda District ] ...Appellants / Petitioners AND Mohd. Nazeemuddin Moosa, S/o. Nawaaz Moosa, Aged about Major, Owner of Lorry bearing No AP 16 U-7259, R/o. H.No. 5-5-213, Patel Nagar, Hyderabad 2 National lnsurance Co. Ltd., Rep. by its Branch Manager, Begum Bazar Branch, Near Goshamahal Police Lines, 1 st Floor, 5-5-67716781101 , Sana Plaza, Malakunta, Hyderabad-1 2 ...Respondents / Respondent Appeal under Section 173 of MV Act against the Judgment and Decree dated 22-04-2013 made in M.V.O P.No 2307 ol 201O on the file of the Court of the lvtotor Accidents Claims Tribunal-cum-the Xlll Additional Chief Judge (Fast Track Court). City Civil Court, Hyderabad. ORDER 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 argumenls of Sri C M Prakash, Advocate Representing Sri C Mohan, Advocate for the Appellants and of Sri N S Bhaskar Rao, Advocate for the Respondent No. 2 This Court doth Ordt-'r and decree as follows:-

1. That the MACMA be and hereby is allowed; 2. Thatthe amount of compensation granted by the Tribunal to the appellants is enhanced from Rs. 5,82'000i. to Rs' 9,30,500/- ( Rupees Ninel Lakhs Thirty Thousand and Five Hundred OnlY );

3. That the enhanced compensation amount shall carry interest @ 7 5 % per annum from the date of claim petition till realization;

4. That the enhanced amount shall be deposited by respondent Nos 1 and 2 jointly and severally within a period of two (2) months from the Cate of receipt of a coPY of the judgment,

5.Thattheappellantsbeandherebyareentitledtotheapportionmentofthe amount as directed bY the Tribunal,

6.Thatonsuchdeposit,theappellantsbeandherebyarepermittedtowithdraw the amount without furnishing any security' T.Thattheappellantsbeandherebyaredirectedtopaythedeficitcourtfeeon the enhanced amount, and

8. That there shall be no order as to costs in this appeal; //TRUE COPY// Sd/- T. TIRUMALA DEV] REGISTRAR AS ION OFFICER To, 1 The Motor Accidents claims Tribunal-cum-the xlll Additional chief Judge (Fast Track l)ourt), City Civil Court, Hyderabad 2 Two CD CoPies a HIGH COURT DATED:1010112025 DECREE MACMA.N o,2032 of 2014 ALLOWING THE MACMA