As per the guiderines of the Hon,bre Apex court in dictum of Sarltz Verma v. Delhi Transport Corporation,L if the deceased was married

Counsel forthe Respondent No 2 : Sri K SUBBA RAO The Court made the foltowing: ORDER -;v THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C .M.A.No.3761 of 2OOa JUDGMENT: This appeal is ftled against the Order dated 3 L O 1 2007 in M.V.O.P.No.167 of 2OO5 passed by the Chairman, Accidents Claims Tribunal-cum-l Additional Chief Judge, City Civil Court, Secunderabad. 'lhe appellants/ pctitioners filed M.V.O.P.No.167 of 2005, 2. claiming compensation of Rs.5,00,00O I - for the death of the deceased, Bommorala Narsimha in the road traffic accident occurrecl on 16.02.2005

3. The Trial Court considering the oral and documentary evidence granted Rs.1,00,000/- with interest @, 7 -Sok per annum from the date of petition to till the date of deposit.

4. The learned Counsel for the appellants/ petitioners contended that the appcllant Nos.1 and 2 are non-earning members and are totall5r dspsnding on the earnings of their father, deceased. The trial Court ought to have taken lhe monlhly salary of the deceased as Rs. 12,516/- and applied the proper multiplicr. ,{ 2

5. Petitioners deposed that the decease.C was working in ECIL Company and was earnlng Rs. i 2,S 16/_ per month Therefore, as per Ex.A7, Court hnds it reasonable to take h is rncome as Rs. 12,S 16/ _ per month 6' As per the guiderines of the Hon,bre Apex court in dictum of Sarltz Verma Vs. Delhi Transport Corporation,L if the deceased was married, 7/3ra of his income has to be deducted as there are 3 dependents. Thus, the annual income oI the deceased after deducting personal expenses comcs to Rs 1'0o,128/- per annum and the Hon'ble Apex court in the dictum of National Insurance Compang Ltnited Vs. pranag Sethiz, held that the future prospects of income of the self- employed deceased shall also be included in de[ermination of the compensation. Thus, considering the agc of the deceased, 25o/o of the income has to be added towards futurc prospects and thus the amount would become Rs. 1,25, 160/_. This sum if multiplied with the multiplier applicabie to the agc of the deceased i.e. 13, it would come to Rs.16,27,0gO/_. Thus, the appellants/ petitioners are entitled to Rs. 16,27,Og0/_ under the head 'Loss of Dependency,. ' (2009) 6 scc I2t '1zolz) ro scc oto ^, J Besides, the appellants arc also entitled for compensation 7 . under 'convcntional heads' as prescribed in the dictum of National Insurdnce Compang Limited Vs' Pranag Sethi' i e Rs.15,0OO/ towards loss of Estate and Rs' 15,000/- towards ' fu nera I chl r rgrs.

8. Further, the Hon'ble Supreme Court, by reiterating the comprehensive interpretation of 'consortium' given in the authori$ of Magma General Insurqnce Compang Linited us' Ncrrru Rorm Alias Chuhru Ro,m & atherss, and in the authoriLy between llnited Indiq Insurclnce Compcrng Limited us' Satinder Kaur (q) Satuinder Kaur and other*, fortiiied that the amounts lor loss of consorlium shall be awarded to the children nho lose the care and protection of their parents as 'parental consortium' and to the parents as, 'filial consortium' for the loss of tl-rcir grown-up children, to compensate their agony, love and affection, care ancl companionshrp of deceased children. Accordingly, it is just and reasonable to award Rs.1,2O,OOO/- as parental consortium to the petitioners' \ 9 Thcreforc, the appellants / petitioners are entitled for lhe compensation in the following terms ' 1zo rry ra scc r:o '(zozo) 9 scc o+q 1 2 3 4 Lo ss of dependency Conventronal Heads arental Consortium P TOTAL Rs.16,27,Oao / _ Rs.30,000/- Rs. 1,20,000/- Rs.77,77,Oao1-

10. Learned counsel for respondents stated that they respondent No.2 already deposited Rs. 1 lakh and the same is to be deducted from the enhanced amount. 1 1 . In the result, thc appeal is allowed by enhancing the compensation amount from Rs. 1,OO ,OOO / _ to Rs.16,77 ,OaO / (Rupee s Sixteen Lakhs Sevenly Seven Thousancl Eighty only) with interest at the rate of Z.Sok per annum from the date of filing the perition Lill date of realization. Respondent No.! shall deposit the entire amount within a period of one month from the date of receipt of a copy of thrs order. On such Deposit, petitioners are permitted to withdraw the arnount equally. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed To, //TRUE COPY// SD/.N SRIHARI DEPUry REGISTRAR SECTIhTiiICER

1. The Chairman Motor Accident Claims Tribunal - cum - I Additional Chief Judge, City Civil Court, Seunderabad

2. One CC to SRl. A V K S PRASAD, Advocate IOPUC] 3. One CC to SRl. K SUBBA RAO, Advocate TOPUCI 4. Two CD Copies chs [X- HIGH COURT DATED:2510412025 S iA{i: f, rs6 r) .F .-i o L,) tb \\t) + $iis.t l JUDGMENT+DECREE 2 DRAFTS MACMA.No.3761 of 2008 PARTLY ALLOWING THE MACMA WITHOUT COSTS C cd€A fr-" [ 3208 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3761 OF 2008 Between: 1- B. Satyanarayana S/o. Late Narasimha Rl/o-3-35/561 Valmikinagar East t\/arredpally,

2. B. tr4aheshkumar, S/o. Late Narasimha Student R/o.3-35/561 Vaimikinagar East ltrlarredpally,

3. Y. Nagamani, W/o.Y. Ramesh Household Ri/o.3-35i561 Valmikinagar East Marredpally, ...Appellants/Claimants. AND

1. P. Ramakrishna Reddy S/o.Kesava Reddy, Major Transport Business Rl/o.Plot No.37-Bl1 , Vasavinagar, Kharkana,

2. New lndia Assurance Company Limited, rep., by its Regional lt/anager Office No.101 , 1st Floor, Tirumala Towers Judges Colony tvlalakpet, Hyderabad (Rl is not necessary party) ...Respondents Appeal filed under Section 173 of Motor Vehicles Act against the Order and Decree made in M.V.O.P. No 167 OF 2005 dated 31.0'l .2OO7 on the file of the Court of the Chairman Motor Accident Claims Tribunal - cum - I Additional Chief Judge, City Civil Court, Seunderabad. 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 V K S PRASAD Advocate for the Appellant and of Sri K SUBBA RAO Advocate for the Respondent No 2 and of the Respondent No not appeared This Court doth Order and Decree as follows: '1 . That the I\/ACMA be and hereby is allowed by enhancing the compensation amount from Rs 1 ,00,000/- to Rs 16,77,080/- ( Rupees Sixteen Lakhs Seventy Seven Thousand Eighty Only) with interest @ 7.5 % p.a from the date of filing the petition till the date of realization;

2. That the Respondent No 2 shall deposit the entire amount within a period of one month from the date of receipt of a copy of this cirder;

3. That on such deposit the petitioners are permitted to withdraw the amount equally;

4. That Save as aforesaid, the decree of the Lower Court shall stands confirmed in all other respects, and

5. That there shall be no order as to costs in this appeal. //TRUE COPY// SD/.N SRIHARI DEPUW REGISTRAR SECT L OFFICER To,

1. The Chairman Motor Accident Claims Tribunal - cum - I Additional Chief Judge, City Civil Court, Seunderabad

2. Two CD Copies . {.;"2 cns ro HIGH COURT DATED:2510412025 JUDGMENT+DECREE MACMA.No.3761 of 2008 2 DRAFTS PARTLY ALLOWING THE MACMA WITHOUT COSTS \l "qfuA \t- - 46f