1. R. Venkatesh v. 1. Md. Sardar

Gounsel for the Appellants: SRI CHANDRASEKHAR REDE' GOPIREDDY Counsel for the Respondent No.2: Smt. A MALATHI The Court made the following: JUDGMENT THE HON'BLE SMT. JUSTICE RENUKA YARA ! M.A.C.M.A.No.178O OF 2018 WDGMENT:- Heard Sri Chandrasekhar Reddy Gopireddy, learned counsel for the appellants, and Smt. A. Malathi, learned Standing Counsel for the respondent No.2/Insurance Company. Perused the record.

2. This is an appeal preferred by the appellants/ctaimants, aggrieved by the order, dated 19.08.2016 passed in O.p.No. 1299 of 2OO9 by the learned Chairman, Motor Accidents Claims Tribuna,l cum-XVI Additional Chief Judge-cr.rm-ll Additional Me[ropolitan Sessions Judge, Hyderabad (for short, the Tribunal).

3. The claim petition was filed by the claimants on account of the death of one R.Muthamma in a road traffic accident which took place on 31.O8.20O8 at 9 P.M. when she was proceeding from Chandampet towards Narsingi Village on NH7 when she was struck by lorry bearing No.APO2T 6679 which was coming from Nizamabad road. The deceased died while undergoing treatment at Gandhi Hospital on O7.O9.2OO8. The Tribunal upon examining the evidence adduced by both the parties has awarded compensation of Rs, I ,96,0OO/ - as against amount of Rs.2,OO,OOO/- sought by the appellants. Aggrieved by the same, the present appeal is preferred. 2 In grounds of appeal, the appellants conl( nded that the 4. Tribunal ought not to have taken the income of t re deceased as Rs.3,OOO/- per month without adding future prosptr ts and that the Tribunal granted meager amount of Rs'2'o00/- rrwards funeral expenses and Rs.2,OO0/- towards transportatio:l Further, the Tribunal did not grant any amounts towards loss of l,t ,e and affection. l,astly, the appellants sought interest at 9oh per ar num instead of 7 .5o/o per annum au'arded by the Tribunal.

5. The accident occurred u'av back in the year 20() i The dt:ceased was aged about 6O years and she was doing labour vork. Her daily income was taken at Rs. 1 OO/ per day and taken tl Rs.3,OOO/ - per month. In this context, learned counsel for the appt:l .ant argued that the Hon'ble Supreme Court of India in Ratnu:handrctppa u' Manager, Rogal Sundo:ra:m Alliance Insurc nce Compang Limitedl's case, the income of a daily labourer was taken at Rs.4,5OO/- per month and therefore, the same be t,r <en. As per the police recorcls marked under trx.A2 charge sheet al I Ex.A3 inquest report, the deceased was u'orking as an agricultura. .abour. Even in case the deceased lvas a labour, her income would r.t t be on par with the labourers u,ho would do s'ork on daily basis thr: lghout the year. Agriculture labour work is seasonal and therefore, :ro error can be ( 'lzorry r: scc z:o ! I I 3 found on the part of the Tribunal for taking the notional income of the deceased at Rs.3,OOO/- per montJe, which comes to Rs.36,OOO/- per year.

6. The age of the deceased is shown to be 60 years. As per judgment of the Hon'ble Supreme Court of India in National Insurance Cotnpang Limited. v. Pranag Sethi and. othere, if future prospects at 10% i.e. Rs.3,6OO/- is added to the annual income, the net annual income comes to Rs.39,6OO/- (Rs.36,O0O/ + Rs.3,6OO/-). Since there are t\r.o dependents on the deceased, if l/3.d of the income is deducted towards personal expenses, the annual contribution of the deceased to the family would be Rs.26,40O/-. If the said amount is multiplied by the appropriate multiplier 9' as per Sarla Vartna o. Delhi Transprort Corporation3, the total compensation under the head of loss of dependency would be Rs.2,37,600/-. In addition, the appellants are entitled to payment of compensation of Rs.7O,O00/- towards funeral expenses, loss of estate and loss of consortium.

7. In the result, M.A.C.M.A. is allowed enhancing the compensation amount awarded by the Tribunal from Rs. 1,92,OOO/- to Rs.3,O7,6OO/ with interest @ 7.5% p.a. from the date of petition till the date of realization payable by the respondents jointly and ' zott dct ztoo ' (zoog)o scc rzr 4 severally. Since appellant No. 1 died, his apporti rned amount is further apportioned among his L.Rs. in equal shar( r . On deposit of the enhanced compensation, the appellants are pernr [ted to withdraw the entire amount in proportion to their shares rwarded by the Tribunal and this Court, without furnishing any sec trity. However, the appellants are directed to pay the deficit ,r rurt-fee on the enhanced compensation. There shall be no order as :, costs. Miscellaneous Petitions, if any, pending in tl- is appeal, shall stand closed. . M.OSMAN ALI BAIG EGISTRAR ^{S]S STANT R '. f\ \ To, //TRUE COPY// tEcTroN oFFrcER \

1. The Chairman Motor Accident Claims Tribunal-clnr XVI Additional Chief Judge-cum-ll Additional Metropolitan and Sessions Jucl e, Hyderabad.

2. One CC to Sri Chandrasekhar Reddy Gopireddy, Advo: rte IOPUC] 3. One CC to Smt A.Malathi, Advocate [OPUC] 4. Two CD Copies ry, ABK HIGH COURT DATED26106/202s JUDGMENT MACtVtA.tto.tTBo of 20i I 1ia I'riE S 14 o

7. [ 3 ,]ili 20?6 2 * o ALLOWNG THE MACMA A ef, I b l341.2l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDEN T CIVIL MISCELLAN EOUS APPEAL NO: 1780 OF 2018 Between:

1. R. Venkatesh, S/o Late R-Narsaiah, aged about !7 ye-qrs, Occ- labour' Dred ai per LRs A 3 to 6, R/o Chandampet Village, Chinna Shankarampet Mandal' Medak District

2. R. Manoamma, S/o. late R.Narsaiah, aged 29 years, Occ-.hous9f'old (.B9lh - Vif frge, Chinna Shinkarampet Mandal, Medak District ) "ru'i.io"Cn"nJi.plt 3. Smt. R. Kalavathi,, W/o. Late R. Venkatesh, Ag d 5'! Ye-a-rs,.999: household " ni". Ciir,ioirp"t Vittug", Chinna Shankarmpet Mandal, Medak Diskict 4. Sadula Bhagyalaxmi,, Wo. S. Nagraju, D/o R..Venkatesh, Occ household' n.flo.- +-Sgid, Ramiympet, Akkinriapet, Medak District (Counsel not mentioned the age of 44) Cnr"OJ*p"t Vittage, Chinnashankarampet Mandal, Medak District'

5. R. Srishailam, S/o. Late R. Venkatesh, Aged.32 years, Occ Private Job' R/o' - 6. R. Srikanth,, S/o. late R. Venkatesh, Aged.28 years, Occ Private Jot' R/o - Ct,-Oi.p"i Viff"g", Chinna shan(arampei Mandal, Medak District. rnno"ttrnit 3 to 6 ire biouqht on record ad LRs of the deceased 41 vide b[.lt. zz-t t -2024 in t A 3 t2o14 in MACMA 1 780 of 20 1 8) ...APPellants AND 1, Md. Sardar, S/o.Mustafa, age- Major, Occ-Business, R/o27l95' ubedulla compound, P-lnganur (PandM), Chiftoor District'

2.BaiazGenerallnsuranceCoLtd,,repbyitsDivisionalmanager,0/0608and - 60b r* block, white house, Begumpet, Hyderabad' ...ResPondents Appeal Under Section 173 of Motor Vehicles Act against the .Judgment.and Decree in'M.V.O.P.No. 1299 0f 2009 dated 19-08-2016 0n the file of the court of the chairman Motor Accident claims Tribunal-cum-XVl Additional chief Judge-cumJl Additional Metropolitan and Sessions Judge, Hyderabad' ORDER: This appeal coming on for hearing and upon p: using the grounds of appeal, the Judgment and Decree of the Tribunal and the rr rterial papers in the MVOP and upon hearing the arguments of Sri Chandrasektr r Reddy Gopireddy, Advocate for the Appellants and of Srnt A Malathi, Advocale for the Respondent No.2. This Court doth Order and Decree as follows 1 . That the MACMA be and hereby is allowed enhancir 1 amount awarded by the Tribunal from Rs.'l ,92,0001 tr interest at the rate oI 7.SYo per annum from the date c of realization payable by the Respondents jointly ancl the compensation Rs. 3,07,600/- with ' petition till the date ;everally-

2. That the Appellant No.1 died, his apportioned amount is further apportioned among his LRs in equal shares.

3. That on deposit of the enhanced compensation the ag permitted to withdraw the entire amount in proportiorr awarded by the Tribunal and this Court without furnisrl pellants are o their shares ing any security.

4. That, however, the Appellants are directed to pay th() leficit Court fee on the enhanced compensation.

5. That save as aforesaid, the decree ofthe Tribunal stri in all other respects; and ll stands confirmed

6. That there shall be no order as to costs in this appea I //TRUE COPY// JI.OSMAN ALI BAIG $r ;TANT REGTSTRAR f,. \' SECTION OFFIGER \\ To, 1 . The Chairman Motor Accident Claims Tribunat-cum -, .Vl Additional Chief Judge-cum-ll Additional Metropolitan and Sessions Jud11, , Hyderabad.

2. Two CD Copies t$, ABK HIGH COURT DATEtr.26/06/2025 DECREE MACMA.No.'t780 of 2018 ALLOWING THE MACMA &,.' b \