The High Court · 2025

Counsel for the Respondents 1 to S:SRI. VLADIMEER KHATOON Counsel forthe Respondents 6 & 7: None appeared MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 51 OF 2019 Appeal filed under Section of Motor Vehicles Act against the Order and Decree made in M.V.O.P.No.61 OF 2017 dated 10-05-2018 on the file of the Court of the Motor Vehicle Accidents Claims Tribunal - Cum - Xll Additional Chief Judge, City Civil Court- at Secunderabad. Between: M/s The New lndia Assurance Co. Ltd, Represented by its Regional Manager, R.O. Legal Cell, Sth Floor, Surya Towers, S.P. Road, Sec[rnderaOiO - SOO OOS- ...APPELLANT/RESPONDENT No.3 AND

1. Muddangula Yashoda, W/o M. Srinu, Aged about 25 years, Household 2. Muddangula, D/o M. Srinu, Aged about 4 years, Student (Respondent No.2 is minor and is being represented by her mother and natural guardian Muddangula Yashoda i.e. Respondent No.1 herein) Both are R/o D.No.2-311A, Tarnaka, Secunderabad. RESPONDENT Nos.1 & 2/Petitioners

3. P. Kondaiah, S/o P. Pentaiah, Age Major, Driver, R/o C-36, Lingupalle, Chandraspalli

4. Kondaboina Mallesh, S/o Bikshapathi, Age Major, Business, R/o H.No.3-9/2, Yadgarpally Village, Keesara Mandal, Medchal Malkajgiri District -501 301 ...RESPONDENTS Counselfor the Appellant: SRl. A RAMAKRISHNA REDDY Counsel for theRespondents 1 and 2: SRI VLADIMEER KHATOON Counsel for the Respondent 3 and 4: None appeared. MOTOR ACCIDENT CIVIL MISCEL EOUS APPEAL NO:73 OF 2019 Appeal filed under Section of Motor Vehicles Act against the Order and Decree made in M.V.O.P.No.80 OF 2017 dated 10-05-2018 on the file of the Court of the Motor Vehicle Accidents Claims Tribunal - Cum - Xll Additional Chief Judge, City Civil Court- at Secunderabad. Between: M/s The New lndia Assurance Co. Ltd., Represented by its Regional Manager, R.O. Legal Cell, Sth Floor, Surya Towers, S.P. Road, SecunderaOSO - SOO OOgl ...APPELLANT/RESPONDENT NO.3 AND 1

2. 3 4 Dasarla Alivelu, W/o D. Hanumanthti, Aged about 26 years, Household Dasarla Akhila, Dio D. Hanumanthu, Aged about 8 years, Student (Respondent No.2 is minor and is being Represented by her mother and natural guardian Dasarla Alivelu i.e., Respondent No.1 herein) Dasarla Laxmaiah, S/o Chandraiah, Aged about 60 years, Occ. Nil Dasarla Yadamma, Wo D. Laxmaiah, Aged about 55 years, Household All are R/o H.No.1 -5113, Bowenpally, Secunderabad. RESPONDENT Nos.l to 4/Petitioners

5. P. Kondaiah, S/o P. Pentaiah, Age Major, Driver, R/o C-36, Lingupalle, Chandraspalli

6. Kondaboina Mallesh, S/o Bikshapathi, Age Major, Business, R/o H.No.3-912, Yadgarpally Village, Keesara Mandal, Medchal - Malkajgiri District - 501 301 ...RESPONDENT Nos.S & 9/Respondent Nos.1 & 2. Counsel for the Appellant: SRl. A RAMAKRISHNA REDDY Counselfor the Respondents 1 to 4: SRI VLADIMEER KHATOON Counsel forthe Respondents 5 & 6: None appeared. The Court made the following: GOMMON JUDGMENT HON'BLE SRI JUSTICE C.V.BI{ASI(AR REDDY M.A.C.M.A.Nos.8. 51 and 73 of 2O19 COMMON JUDGMENT: These three appeals arise out of the same accident that occurred on 23.0L.2O17 and are directed against separate awards and decrees dated 10.05.2018 passed in M.V.O.P.Nos.8L, 6L and 80 of 2Ol7 by the learned Chairman, Motor Accidents Claims Tribunal- cum-XII Additional Chief Judge, City Civil Court, Secunderabad (for short "the Tribunal"). Since the issues involved in all these cases are one and the same, these appeals are being disposed of by this common judgment.

2. For the sake of convenience, hereinafter, the parties will be referred to as they were arrayed before the Tribunal.

3. The brief facts are that on 23.OI.2O17 at about 2.45 p.m., the deceased in each of the petitions were proceeding from Thimmaipally towards Keesara on a scooter bearing No.AP-13-D-1053, and when they reached Borenkula Bodu turning, Thimmaipally, a lorry tanker bearing No. TS-08-UA-3956, driven at high speed on the wrong side of the road, dashed against the scooter, resulting in the death of all three on the spot. The police registered a case in Crime No.29 of 2Ol7 under Section 304-4 IPC against the driver of the lorry. The CHADAVIJAYA u.ivei,isunitoor EHASKAR REDDY tuE:2025.rr rr tt:J.:s8 Oioil.lbsiond bCMOA {5',t0' 2 CVBR, J MACMA_8, 5t &73_2019 claimants, being the legal heirs of the deceased, filed claim petitions under Section L66 of the Motor Vehicles Act, 1988, seeking compensation for the death of their respective family members. The driver, owTler, and insurer of the lorry were zrrrayed as respondents. The respondent No.3/lnsurance Company filed counters disputing the manner of accident, incom e, age, and Cccupation of the deceased., and contending that three persons were riding on a two-wheeler, which amounted to contributory negligence'

4. The Tribunal, on appreciation of the oral and documentary evidence adduced by both sides, held that the accident occurred due to the rash and negligent driving of the lorry tanker by its driver and fixed 25o/o contributory negligence on the part of the deceased. The Tribunal awarded compensation of Rs.14,99,250/- in M.V.O.P.No.6l l2OL7, Rs.17,34,000/- in M.V.O.P.No-81/2017, .and Rs.17,15,250/- in M.V.O.P.No.80/2017, together with interest at 9%o per annum from the date of petition till. realization, holding the respondents jciintly and. severally liable.

5. Heard Sri A. Ramakrishna Reddy, Iearned Standing Counsel for the appellants/Insurance Company, and Smt. Vladimeer Khatoon, learned counsel for the respondents/claimants and perused the record. cHADAvuAyA S,X?lfll!flilfJ3g^ BHASKAR REDDY o.Gj 2o2ar l.t I rs3524 3 CVBR, J MACMA_8, 5t &73_20t9

6. The learned standing counsel for the appellants/Insurance company contended that the Tribunal failed to appreciate that three persons were travelling on a scooter, which is a clear violation of traffic rules, and therefore the contributory negligence should have been fixed at 4o%o instead of 2S%o. It is further contended that the Tribunal erred in awarding interest at 9o/o per annum, which is excessive and contrary to the settled legal position. He relied upon the decision of the Hon'ble supreme court in RaJesh and, others v. RaJbir singh and othersr to contend that T.so/o per annum is the reasonable rate of interest to be awarded in motor accident claim CASCS

7. on the other hand, the learned counsel for the respondents- claimants submitted that the compensation awarded by the Tribunal is just and reasonable and based on proper appreciation of evidence. It is contended that the Tribunal had arready considered the aspect of contributory negligence and that the Insurance company has not produced any evidence to justify any further reduction and ultimately prayed to dismiss the appeals.

8. The Tribunal, upon thorough examination of the FIR, charge sheet, inquest report, post-mortem report, and MVI report, rightly held t]lat the accident occurred due to rash and negligent driving of | 2013 ACJ 1403 cHADA vuAyA 3;Xilllli'^i#lj?^ BHASKAR REDDY Te202t t r'r I r5:!5:a2 4 CVBR, J MACMA_8, 5t &73_2019 t the lorry tanker. The said linding has attained linaliW since it has not been challenged by the appellant.

9. As regards contributory negligence, this Court finds that the Tribunal has already taken into account that three persons were travelling on a two-wheeler and accordingly fixed 25Yo contributory negligence on the part of the deceased. The said finding is based on evidence and is in conformity with the settled legal position. Hence, no interference is warranted on that count.

10. Coming to the rate of interest, this Court finds force in the submission of the learned Standing Counsel for the Insurance Company. The Honble Supreme Court in Rajesh a. RaJbir Stngh and in several subsequent decisions held that the reasonable rate of interest to be awarded in motor accident claim cases shall be 7.5% per annum. Therefore, the rate of interest awarded by the Tribunal at 9o/o per annum is on the higher side and requires modification. Except for the modification in the rate of interest, the findings and awards passed by the Tribunal in all other respects are upheld as just and reasonable. 1 1. In the result, these appeals are partly allowed by reducing the rate of interest awarded by the Tribunal from 9o/o per annum to 7.5o/o per annum from the date of petitions till realization. The compensation amounts awarded by the Tribunal in M.V.O.P.Nos.81, cHADA vrrAYA fl1l,"lo':il!ilY'5J39^ BHASKAR REDDY t!.:20n.rr.rr rs355, 5 CVBR, J MACMA_8,51 &73_2019 61 and 8o of 2oL7 are confirmed in all other respects. The terms relating to apportionment, deposit, and withdrawat shall remain unaltered. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed Sd/- M.JAWAHAR REDDY T REGI //TRUE COPYII N OFFICER \ To

1. The chairman, Motor Vehicle Accidents claims Tribunal _ cum _ Xll Additional Chief J{g-ur -City Civil Court- at Secunderabad. (With Cecorosl 2. ONE CC tO SRI. A RAMAKF{ISHNA REDDY, AdV;CAIE [OPUC] - 3. one cc to sRr. VLADTMEER KHATOON,eivoiaie toFuci 4. Two CD Copies -' kUp, ?+ '( .r' 4 -ts. ,\ n'g$ ..;7:- t. ,t 'i I A&tr HIGH COURT CVBR, J DATED i 1111112025 aQ u S $ ] il''}i ?t?5 * * COMMON JUDGMENT MACMA.Nos.8, 51 AND 73 OF 2019 PARTLY ALLOWING THESE MACMA'S 5 \ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY M.A.C.M.A.NOs: 8, 51 AND 730F 2019 M.A.C.M.A.NOs: 8 OF 2019 Appeal filed under Section of Motor Vehicles Act against the Order and Decree made in M.V.O.P.No.81 OF 2017 dated 10-05-2018 on the file of the Court of the Motor Vehicle Accidents Claims Tribunal - Cum - Xll Additional Chief Judge, City Civil.Court- at Secunderabad. Between: M/s The New lndia Assurance Co. Ltd., Represented by its Regional Manager, R.O. Legal Cell, Sth Floor, Surya Towers, S.P'. Road, Secunderabad - 500 003 ...APPELLANT/RESPONDENT No.3 AND

1. Derangula Vijaya, W/o D. Hanumanthu, Aged about 24years, Household 2. Derangula Shiva, D/o D. Hanumanthu, Aged about 6 years, Student 3. Derangula Ramcharan, S/o D. Hanumanthu, Agqd about 5 years, Student (Resp6ndent Nos.2 and 3 are minors and are beinqRepresented by their mother and natural guardian Derangula Vijaya i.e. Respondent No.1 herein)

4. Derangula Hanumaiah, S/o Venkaiah, Aged about 60 years, Occ- Nil 5. Derangula Venkatamma, Wo Hanumaiah, AQed about 55 years, Household All are-R/o H.No.1 1151-1, Bollaram, Secunderabad RESPONDENT Nos.1 to S/Petitioners

8. P. Kondaiah, S/o P. Pentaiah, Age- Major, Driver, R/o C-36, Lingupalle, Chandraspalli

9. Kondaboina Mallesh, S/o Bikshapathi, Age- Major, Business, Fl/o H.No.3-9/2, Yadgaipally Village, Keesara Mahdal, Medchal - Malkajgiri District - 501 301 ...RESPONDENT Nos.6 & 7/RESPONDENT Nos.1 & 2. M OF Appeal filed under Section of Motor Vehicles Act against the order and Decree made in M.V.o.P.No.61 0F 2017 dated 10-05-201g on the file of the Court of the Motor Vehicle Accidents claims Tribunal - Cum - Xll Additional chief Judge, City Civil Court- at Secunderabad. Between: M/s The New rndia Assurance co. Ltd, Represente_d by its Regionar Manager, R.o. Legatceil, sth Froor, Surya Towers, s.il il;a;6ecunderabad _ 500 003 AND

2. ..APPELLANT/RES pONDENT No.3 Muddangula Yashoda, wo M. Srinu, Aged about 25 years, Househord Muddangula, D/o M. Srinu, Aged about 4 years, Student (Respondent No.2 is minor and is being_represented by her mother and naturat guardian Muddangura yashoda i.;:RJd;J"niivo.r herein) Both are R/o D.No.2-311A, Tarnaka, Secunderabad. RESPONDENT Nos.1 & 2/petitioners 3 4 P' Kondaiah, s/o p. pentaiah, Age Major, Driver, R/o c-36, Lingupaile, Chandraspalli Kondaboina Mailesh, s/o Bikshapathi, 4g9 !/ajor, Business, R/o H.No.3_9/2. Ya d ga rpa I tv Vi r r a g e, keesa ra M"ha;i :' M;; ih; ii;Id;d fi Etffi :; b; 50;''' ...RESPONDENTS counsel for the Appeilant: sRt. A RAMAKRTSHNA REDDY counselfor the Respondents 1 and 2: sRt VLADTMEER KHATOON Counsel forthe Respondent 3 and 4: None appeared. I Appeal filed under section of Motor Vehicles Act against the order and Decree made in M.V.o.p.No.g0 0F 2017 dated 10-05-201g on the fire of the court of the Motor Vehicle Accidents claims Tribunai - cr, - xlt Additional chief Judge, City Civil Court- at Secunderabad. '\rr ^u.rr(rtJr rd Between: M/s The New rndiaAssurance co. Ltd., fgRpsented by its Regionar Manager, R.o. Lesar cer, Sth Froor, srG i;*il,'s.FIri"Ji,"stJ,lno"rrbad _ s00 003. AND ...APPELLANT/RESPON DENT NO.3

1. Dasarla Alivelu, Wo D. Hanumanthti, Aged about 26 years, Household 2. Dasarla Akhila, D/o D. Hanumanthu, Aged about 8 years, Student (Respondent No.2 is minor and is being Represented by her mother and natural guardian Dasarla Alivelu i.e., Respondent No.1 herein)

3. Dasarla Laxmaiah, S/o Chandraiah, Aged about 60 years, Occ. Nil 4. Dasarla Yadamma, Wo D. Laxmaiah, Aged about 55 years, Household All are R/o H.No.1 -5113, Bowenpally, Secunderabad. RESPONDENT Nos.1 to 4/Petitioners

5. P. Kondaiah, S/o P. Pentaiah, Age Major, Driver, R/o C-36, Lingupalle, Chandraspalli

6. Kondaboina Mallesh, S/o Bikshapathi, Age Major, Business, R/o H.No.3-912, Yadgarpally Village, Keesara Mandal, Medchal - Malkajgiri District - 501 301 ...RESPONDENT Nos.S & 9/Respondent Nos.1 & 2. These appeals 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.Rama Krishna Reddy, Advocate for the Appellants in all MACMA'S and of Sri Vladimeer Khatoon for the Respondents 1 to 5 in MACMA 08 of 2019 and Respondents 1 to 2 in MACMA 51 of 2019 and Respondents 1 to 4 in MACMA 73 of 2019 and None appeared for Respondent no.6 & 7 in MACMA 08 of 2019 and Respondents 3 & 4 in MACMA 51 of 2019 and Respondents 5 & 6 in MACMA 73 of 2019. This Court doth.Order and Decree as follows;

1. That these MACMA's be and hereby are partly allowed; 2. That the compensation amount by reducing the rate of interest awarded by the Tribunal from 9% per annum to 7.5o/o per annum from the date of petitioners till realization;

3. That the compensation amounts awarded by the Tribunal in MVOP Nos 81, 61 and 80 of 2017 are confirmed in all other respects;

4. The terms relating to apportionment, deposit, and withdrawal shall remain unaltered;

5. That there shall be no order as to costs in this appeal. Sd/. M.JAWAHAR REDDY REGISTRAR //TRUE COPY// SECTION OFFICER To

1. The Chairman, Motor Vehicle Accidents Claims Tribunal - Cum - Xlt 2. Two CD Copies Additional Chief Judge, City Civil Court- at Secunderabad. kUpt HIGH COURT 0 ATED: 1111112 25 u COMMON DECREE MACMA.Nos. a ,51 AND73OF2 19 t] PARTLY ALLOWING THESE MACMA'S S u,/