The High Court · 2025

Counsel for the Appellants : Sri M W R Jayakar Counsel for the Respondents : Sri N S Bhaskara Rao The Court delivered the following: THE HON,BLE SMT. JUSTICE RENUIJ\ YARA M.A.C.M.A.No.3571 of 2Ol2 JUDGMENT: Heard Sri K. Jagatpa,l Reddy, learned cour s;e1 representing Sri M.W.R.Jayakar, learned counsel for the appr liants/claimants and Sri N.S.Bhaskara Rao, learned standing couns:L for respondent No.2/lnsurance Compaly. Perused the entire reco c

2. This is al appeal preferred by the app, lants/claimants aggrierved by the award passed by the learned \lotor Accidents Claims Tribunal-cum-District Judge at Karimnag r' (for short 'the Tribunal') in O.P.No.2OO of 2OO7 , dated 2O.1O.2OOI

3. The claim petition was filed seeking t ompensation of Rs.3,OO,OO0/ by the claimants on account of dea ir of one Panjala Yellarah in a road traffic accident which occurre( on 12.12.2006. On that day at 10 am the deceased started on his Suzuki motorcycle bearing No.AP-15-F-5455 to go to Ka -rmnagar on his personal work. When he was returning to his house, on the outskirts of Gangadhara village near petrol pun f), the driver of lorry bearing No.AP-1O-T-1224 parked the lorry on t:re road r.r,ithout taking precautions and parking lights. As a resl L, the deceased w-hilE returning to his house dashed the lorry, :ll dou,n on the i-!- \ 2 - - -'r(-a":9f;:'1.;ff!S-4.r \ l}::'!t'll* : :- ---:..; road, sustained bleeding injuries and died on the spot. On account of death of deceased, his wife and son filed the claim petition.

4. The claimants got examined PWs I and 2 and marked Exs.Al to A5. The respondent No.2/Insurance company got marked Ex.B 1 /copy of Insurarrce policy

5. Upon examining the ora-l and documentar5z evidence, the Tribunal hxed liability of the deceased at 30% ald the driver ol the lorry at 7 Oo/o and awarded compensation of Rs.56,0OO/ q'ith interest at 7 .5o/o per annum.

6. In grounds of appeal, the claimants contended that there were expenses of Rs.5,0OO/- for trarsportation, Rs.5,00O/- towards funeral expenses and that loss of earnings is not computed Further, no compensation is awarded towards pain and suffering and loss of consortium. As such, prayed that compensation be enhanced to Rs.3,O0,000/-. 7 . The learned counsel for respondent No.2/Insurance company fairly conceded that the claimalts are entitled to payment of compensation as per the judgment of the Hon'ble Supreme Court of India in Smt. Sarla Varma Vs. Delhi Transport Corporation and ./ 3 judgment of National Insurance Co. Ltd. Vs. Pranay Sethi and others for award of future prospects

8. PWi who is son of the deceased deposed th rr his father u.as aged 5O to 55 years, was doing electrical ald vrnding work for electrical motors and was earning Rs.5,OO0/- per r r()nth. The age ol the deceased is shor.t n to be 6O years in the Pr stmortem report marked under Ex.A3 and Inquest report mark, c under Ex.AS. Therefore, the age of the deceased being considere I 6O years by the Tribunal is appropriate. As per police record, the zn,ocation of the deceased is shown to be Toddy tapper by cor rrrunity. In the absence of any evidence, the Tribunal has :rroneously not considered any income but merely proce :<ied to grant compensation of Rs.5O,O00/ under Section 14 -t of M.V.Act in additron to amount of Rs.15,0OO /- each towards 1r ss of consortium and loss of estate only

9. Relying on the judgment of the Hon'ble Apex Court in Ramachandrappa vs. Manager, Royal Sundara,n. Alliancer, the notional incomc ol the deceased is taken at Rs.4,f trO/- per month. Ttre age of the deceased being 6O years as on da e of accident, as per judgment of the Hon'lcle Supreme Court in Na'ional Insurance '1zott1 r3 scc236 4 ,,-rr.&ittx''t \ Co. Ltd. vs. Pranay Sethi and others', if future prospects taken at lOo/o i.e., Rs.450/- is added to the monthly income, the net monthly income comes to Rs.4,950/- (Rs.a,500/- + Rs.45Ol-). From the net arrnual income of Rs.59,4OO/- (Rs.4,950xl2l, if 1/3ra is deducted towards personal expenses, the alm_ral contribution of the deceased to the claimalts would be Rs.39,6OO/ -. If the said amount is multiplied by the appropriate multiplier '9' relying on Smt. Sarla Varma vs. Delhi Transport Corporation,, the total compensation under the head of 'loss of dependency' would be Rs.3,56,4OOl-.

10. In addition, the claimants are entitled to payment of Rs.33,OOO/- towards funeral expenses and loss of estate. F urther, claimant Nos.1 ald 2 are granted Rs.44,OOO/- each towards loss of spousal consortium and parental consortium respectively. Thus, in all the claimants are awarded Rs.4,77,4OOl -, 1 1 . The Tribunal has taken the contributory negligence of the deceased at 3Ooh. karned counsel for the claimants referred to the judgment of the Hon'ble Supreme Court of India in K. Anushaand lzorz)To scc oao '(zoog) o s.c.c. rzr 5 others vs. Regional Manager, Shriram Generr tl Insurance Co. I ,1 Ltd.a, wherein, contributory negligence is describe d as follows: "... to establish contributory negligence, sc omission, u,hich materially contributed accident or the damage, should be attribu person against whom it is alleged". 1le act or to the ed to the (

12. In the present case, the negligence on the part of the deceased is proven during the cross examination r: PW2 as well as police record. F{ence, this Court is not inclined to Lnterfere with the hnding of the Tribunal with regard to contribut r 1l negligence at 3O% on the deceased. Therefore, the claimant r are entitled to Rs.3,34,180/-.

13. In the resuit, the Motor Accident Miscellz rreous Appeal is allowed enhancing the compensation amount awarded by the Tribunal from Rs.56,OO0/- to Rs.3,34, 180/-, v L ich shall carry interest at 7.5t'/o p.a. from the date of petitior till the date of rea-lization. The respondent Nos. I and 2 shall de r rsit the arnount within a period of (B) weeks from the date of r :,:eipt of copy of judgment. On such deposit, the claimants are en' it.led to withdraw the entire amount in proportion to their shares rwarded by the Tribunal, without furnishing the securit5r. o zozz ad lzt 6 Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. There shal1 be no order as to costs \ \ Sd/- N. SRIHARI EPUTY REGISTRAR //TRUE COPY// ECTION OFFICER To, 1

2. .,, 4. ID L AS The Motor Accident Claims Tribunal (District Judge) at' Karimnagar'(With records) o"" Cc t" Sri M W R Jayakar, Advocate [OPUC] one CC to Sri N S Bhaskara Rao, Advocate IOPUC] Two CD CoPies HIGH COURT DATED:.0910712025 j I t i I ! i f I I I { I I , ! l I i i JUDGMENT MACMA.No.3571 ot 2012 ,"(, z-1'r ict //b // ii ii ;:l 1 \r ih i..,,e r'i:..-.rE (.1,,: t ,[1 rs C,)i .t ,.: -4- \.-, I lali__,! ALLOWING THE MACMA b tI 23 J4/ 134421 IN THE HiGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MI SCELLANE OUS APPEAL NO:3571 OF 2012 Between:

1. Panjala Yellavva @ Yellamma, Wo late Y-ellaiah, Occ: House hold, R'/o Lingiapur Village, Piesently Ryo Gattubootkur Village, Gangadhara ltzlandal' 2. Panjala Parsharam @ Parsaiah, S/o late- Yellaiah' Occ: Private- Electrician, R/o' Lingapur Villag6, Presently Rl/o Gattubootkur Village, Gangadhara lvland al, ...Appellants/Petitioners AND

1. Ragulapati Madhava Rao, S/o Venkata Rao, Occ: Ownerof Lorry No AP-I0- f -1-224 Rlo 7-2-465, Mankamma Thota, Karimnagar District. R-1 Dismissed for default vide Court order dated 08.12.2011

2. The Oriental lnsurance Company Limited, Rep.by its Branch Manager, Branch Office Karimnagar, Karimnagar Dist. ...ResPondents/ResPondents Appeal f iled under Section 173 of lr4otor Vehicle Act, against the Order and Decree dated 20.10.2008 in O.P. No.200 of 2OO7 on the file of the cour[ of the lvlotor Accident Claims Tribunal (District Judge) at, Karimnagar. 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 argument of Sri lr/ W R Jayakar, Advocate for the appellant and Sri N S Bhaskara Rao, Advocate for the Respondents. The Court delivered the following:

1. That the appeal be and hereby is allowed enhan rn!l the compensation amount awa.ded by the tribunal from Rs. 56,0001 r r Rs. 3,34,1 gO/- which shall carry interest @ r.5 "h p.a. from the date of ),ltition tifl the date of realizatio n; 2 That the respondent Nos. 1 & 2 shall deposit the amoL I rvithin a period of (g) weeks frorr the date of receipt of copy of Judgment;

3. That on srch deposit, the claimants are entifled to witF Jraw the entire amount rn proportion to their shares awarded by the Tribunal r) their shares awarded by the Tribunal without furnishing the security;

4. That Save as aforesaid, the decree of the Tribunal sl- rl stands conftrmed in all other respects; and 5 That there shall be no order as to costs in this appeal i/TRUE COPY// Sd/. N. SRIHARI )IlPUTY REGISTRAR t ,t SECTION OFFICER ( To, 1 2 AS/DL The l\y'otor Accident Ctaims Tribunal (District Judge) : Two CD Copies Karimnagar HIGH COURT DATED:09/07/2025 DECREE MACMA.No.3571 ol 2012 ALLOWING THE MACMA