High Court · 2025

Petition under section 151 cpc praying that in the circumstances stated in the affidavit.fired in support of the peiitio;, it. nign court mav oe'pr*JJ'to qrgnt.sJSV_9f a, further prgcgg.qrlqs incruding execution or *re oiOeia-nJ;;;" dated 19.07.20'17 passed in MVop.No. +ss Jr zor+ on the fire of the prr. District Judge-cum- Motor Accidents craims Tribunar aiMahabubnasr,. ;undins oi;pi;"1 of the main MACMA. Counsel forthe Appeilant: SRI RAJ KUMAR GRANDHI Counsel for the Respondents: SRI K VENKATA RAM REDDY MO RACC IDENT CIVI L MISCELLA NEOUS APPEAL NO :1994 0F 2018 Appeal filed under section 173 of Motor Vehicres Act against the order and Decree d1.19.o7.2o12, passed in MVop. No. qss ot zoli'on the fire ot tne prin-cip-ar - ' " '-'"' District Judge -cum- Motor Accident craims Tribunar at Mahabubnag"i. Between: Housewife,(mother of deceased )

1. SMT.C.USHA KUMAR|, W/o C Sudarshan Reddy, Age_42 years, Occ- 2. C. Sudarshan Reddy, S/o Bheem Reddy, Age_ 52 yeas, Occ_ Teacher, 3. C. Siri Chandana, D/o C. Sudarshan Reddy, Age_ .17 years, Occ_ Student, 4. C. Sankirthana, s/o C S-udarshan Reddy, Age_ 13 years, Occ_ Student. (Appellants N..3 and 4. are minors having uiderguardian of their natural mother of smt C Usha Kumari Appe,arr M ii;;;i.) Ati;;e ir;^ii.N[..i6] ,Ol"r,, t" Cotony, near W Tower, 'Xorgi ,iitrg" ini Mandat, Mahabubnagar AND ...APPELLANTS 1. KUKKALA LAXMAN. S/o^Sathaiah, age-major, ownerotthe DCM No.Ap_23- x-7o48. Rio H.No.7_39, seetnaranipairy, Gil,": warangii, Mi;k,.X.p. -" 2. The National lnsurance Company Ltd.,, Rep.by its Divisional Manager, Padmavathi Cotony, Mahabr'On"6ai. " S. flu.fa.tlgr1Vana, S/oChandraiah, age_65 years, Occ_DCM driver, R/o H.No. 19-1-416. Doodbowri, Hvderabad. rForicv'r.ros-szzooirrso-soiil66iiiji,liio from 30-07-201 3to 29-07-2014) Counsel forthe Appeilants: SRt K VENKATA RAM REDDY Counsel for the Respondents: SRI RAJ KUMAR GRANDHI The Court made the following: COMMON JUDGMENT ...RESPONDENTS i / THE HONOURABLE SMT' JUSTICE M'G'PRTYADARSINI M.A. c.M.A. No.3O 17 0F 20L7 AND 94 0F 20La M.A.C .M.4. No.19 COMM ON JUDGMENT: 1. These two appeals are being disposed of by this co{nrnon judgment since M'A'C'M'A'No 3017 of 2Ol7 ' frled by ttre Insurance Company challenging the quantum of compensation awarded and M.A.C.M.A No.1994 of 2Ol8 frled by the claim petitioners seeking enhancement of compensation' both are directed against the very same order and decree M.V.O.P.No.455 ot 2O14' on the District Judge -cum- Molor file of the Court of PrinciPal Accidents Claims Tribunal' dated lg.O7.2Ol7 Passed 1n Mahabubnagar

2. For the sake o[ convenience' the parties hereinafter be referred as they were arrayed before the learned Tnbunal 3 the parents and sisters (hereinalte r be referred Thc [acts of the case in briet are that the petitioners' who are ot Chinthapally Vamshi Vardhan Reddy filed a Petition to as "the deceased"), of Rs.2O,OO,OOO/- for the death of the claiming comPensation deceased in a motor vehiclc accident that occurred on O7'03'2O 14' As stated. by the petitioners' on OT 'O3 '2014 ' when the deceased and his ft'icnd were Proceeding to Hitam College, Medchal on ! ? i I i I i I 2 MGP,J MACMA.No.:lO17of 2017and MACMA_No.1994 of 2Ot8 Yamaha FZ motorcycle bearing No.Ap_2O_CA_ 3327 inorder to drop his friend at the said college and when they reached Sutariguda lake, one I)CM Van bearing No.Ap_23X_7O48 came from behind in a rash and negligent manner at a high speed and dashed the motorcycle of the deceased, due to which, the deceased along with his friend fell down and having sustained }{ead injury, the deceased d;ed on the spot.

4. Based on the complaint given by the deceased friend Sri Naresh Kunrar, police of Medchal police Station registered a case in Crime No.9O of 2OL4under Secrion 304_A IpC.

5. It is fi:rther stated by the petitioners that as on the date of accident, the deceased was aged 25 years and had completed B.Sc Nursing ald used to run business of B.p.O. Services, Software Solutions, Health Care Hospitalities, under thc name and style of M/s.VAMNAfi, situated at Kamalanagar, Hyderabad, and used to earn Rs. lS,O00/_ per month. Due to sudden death of the deceased, the petitioners lost their sole bread winner in the family and it is becoming difficult for thcm to eke out their liveiihood. As respondents being the owner, insurer and driver of the crime vehicle DCM \/an bearing No.Ap-23_X_704g, rhey all are jointly and severajly liable to pay compensatlon. t 3 AiIGP,' MICMA" t{o.3017 o{ 2017 and MACMA.No.l99{ of 201t

6. Respondent No. l/Owner of DCM Van frled his counter admitting the involvement of crime vehicle in the accident and stated that he himself surrendered his vehicle to th€ police station and contended that as the vehicle was insured with respondent No.2, therefore, respondent No 2 alone is liable to pay compensation and that the compensation claimed is excess and exorbitant and prayed to dismiss the claim against it'

7. Respondent No.2/Insurance Company frled its counter denying the occurrence ofaccident, involvement of vehicle' age ald earnings of the deceased and contended that the driver of the crime vehicle do not posses valid driving license and the petitioners and respondent No.1 got colluded and hled a false case for claiming compensation and therelore prayed to dismiss the claim against it'

8. Respondent No.3/ Driver of the crime vehicle did not choose to hle any counter belore the Tribunal'

9. Based on [hc above pleadings, the learned Tribunal had framed the follou'ing issues: (i) Whether tlrc accid'ent occuned due to rash and neghgent d-nuirq of the clriuer of DCM Van beaing No.AP-23-X-7O4a? (ii) Wrcther tLE Petitioners are entitled to claim compensation? If so, to uhat amount? 4 MGP,I MACMA.No.30l7 of 2017 and MACMA.No.t994 of 2Ot8 (iit) Whether respond.ents 1 ampensation? (ir.') To tahat reliej? t 3 are liable to pag

10. Before the Tribunal, on behalf of the pedtioners, pWs 1 & 2 were exannined arrd Exs.Al to A14 were marked. On behalf of responderLts, RWI was examined and no documents were filed on their behalf.

11. The Tribunal, after considering the evidence and documents available on record, partly allowed the craim petition by awarding compensation of Rs. 14,21,OOO/- along with interest @ 9o/o per annum from the date of petition till the date of deposit payable by Respondent Nos. I & 2 jointly and severally. The claim against respondent No.3 was dismissed by the Tribunal. Challenging the same, the present appeals came to be filed by the claimants and Insurance C:ompany respectively.

72. Heard Sri Raj Kumar Grandhi, Iearned Standing Counsel for appeliant/ In surance Company in M.A_C.M,A.No.3O l7 ot 20L7 and Sri K.Venkat Ram Reddy, learned counsel for appe anrs/claimants in M.A.C.M.A.No. 1994 of 20t8 Peruscd the record

13. The contentions of learned counsel for appellant/Insurance Company in M.A.C.M_A.No.30 l7 of 2017 are that the learned Tribunal erred in assessing the income of the 5 MGPJ MACMA.No 3017 of 2Ol 7 and MACMA.No.1994 of 2018 deceascd @ Rs.8,OOO/- per month in the absence of docurnentary proof, erred in awarding 5o7o towards future prospects ald also erred in awarding excess amounts under conventional heads and also awarded excess interes t @ 9o/o on the compensation arnount and therefore prayed to allow the Appeal by setting aside the order of the learned Tribunal

14. On the other hand, [he contention of the learned Counsel for Respondents/claimants/ appellants in M A'C'M'A'No' 1994 of 2018 aretlratthelearnedTribunalfailedtoappreciatethedocumentary to A14 anci had not assessed the evidence filed under Exs A i properly and awarded meager income of the deceased compensation as against the claim amount and therefore prayed to allow the appeal by enhancing the compensation amount'

15. Now the point that emerge lor determtnatron ts' I I I I i : I I I I O WhetlLer the order pasged bg the^leorned Tibunal claiman.ts are entitled for (it reqttires interkrence of this Court? lftotn , enhance me nt of co mP e ns ation? POINTS:-

16. Since there is no dispute about the occurrence of accident and death of the deceased, there is no nccessity for this Court to once again delve into the said aspects The only point that has to bedeterminedinthepresenttwoAppealsiSwithregardto quantum of comPensation' 6 MGPJ MACMA.No lOtT ol2017and MACMA.No.1994 of 2018

77. A perusal of qualtum of compensation in the impugned judgment reveals that the Tribunal, considering the educational qualilication of the deceased under Ex.AlO and the partnership deed under Ex.AS executed between the deceased and his friend for carr1ring out partnership business, frxed his monthly income @ Rs.8,000/- per month. Since the average pay packet for an entry level Business process Outsourcing (BpO) agent is Rs.7,OOO/_ to Rs 8,OO0/-, this Court is of the considered opinion that the learned rrib,nal had rightly assessed the income of the deceased (l Rs.8,OO0r- per month which do not require anv further interference.

18. Learned counsel representing Insurance Company also contended that the learned Tribunal erred tn awarding 50o/o towards future prospects though the occupation of the deceased was not permanent in nature. As per the judgmenr of the Hon,ble Apex Court in the case between Na.tional Insurance Co.Ltd..Vs.Pranag Sethll, ttre persons falling bclou, thc age of 4O vears and are self-employed, were entitred tor 4ovo addition torvards futu re prospects to the establishcd r.come of the deceased. As the petitioners failed to prove about specihc nature of employment of the deceased, this Court, considering the occupation of the deceased as self-employed and b ' :o tz(6) tzo sc 5' relying upon I t I i 7 MGPJ MACMA-No-1017 of 2017 and MACMA No.1994 0f 2018 Pranay Sethi judgrnent (cited supra) is inclined to interfere with the finding of the Tribunal and hereby reduce the future prospects awarded by the Tribunal from 507o to 4Oo/o and calculate the compensation. After addition of 4Ooh to the established income of the deceased, then th€ net monthly income comes to Rs'11'2OO/-' towards his Since the deceased is a Bachelor' if 50% is d€ducted personal expenses' then his net monthly income comes to Rs.5,6OO/- and the annual income comes to Rs'67 '2OOl-' After applylng multiptier '18' for the deccased being 25 years old at the timeofaccident,thenthetotallossofearningsonaccountofthe death of the deceased would come to Rs 12'09'6OO/-'

19. Further, a perusal of the amounts awarded under conventional heads in the impugned judgment would show that the learned Tribunal granted amounts oi Rs 1'OO'OOO/- towards loss of Iove and a{fection, Rs'2SpOOi - towards funeral expenses which this Court hnds it to be excess and is inclined to interfere with the sarne by relying upon the Judgment of Hon'ble Apex Court in the case of National Insurance Co' Ltd' VgPranag Setht & othets POfi ACiI 27OO) ard hereby award Rs'33'OOO/- towards conventional heads for the dcceascd being Bachelor' Thus' ttte claimants are entitled for a total compensation of Rs 12'42'6O0/- whic( calculation is shown belorv: \ .r'' 8 MACMA No 3Ol7 of rolYic:j MACMA_No.l99a of20lE AEount asarded Amount awarded the Tribuuat this Court S.No. llaae of the lfead I 2 4 5 6 Monthly income Rs.8,O00/- Amount arrived addition of future Deduction of SOo/o deceased bachelor Loss of eaminss calculated aftEr application of Multi ier'18' Rs. 12,O00,2- (5O% added Rs. 11,2O0l- (reduced to 4O%o Rs.6O0O Rs.5,60O/- Rs. r2,96,0O0/_ Rs. 12,09,600/_ Conventional TOTAL MPEX SATION Rs.l,25,O0O/- Rs.33,OO0/ Rs. 14,21,OO0/_ Rs.12,42,600/ _ l 20 So far as interest on tre compensation amount is concerned, this court, by relying upon the decision of the Hon,bre Apex courr in Rajesh and others v. Raibir singh and others2, reduces the rate of interest arvarded by the Tribunal from 9oi, Lo 7.5o/,t per , 20 13 ACJ t.+03 = 20 13 (4) ALT 35 1 I t €P,, MACMA.No 3017 of 2017 aM MAcMA.t{o.1994 oI X)lE

21. Since there is no dispute regarding liability' the finding given by the Tribunal holds good and which do not require any interference bY this Court'

22. In the result, M'A'C'M'A'No'3017 of 2Ol7 ts partly-allowed by reducing the compeasation along with rate of interest awarded by the Tribunal from Rs'14,21'0OO/- to Rs' i2'42'6O0/- and interest @ 7 .5% per a'nnum from the date of petition till the date of of 20l8 shall stand dismissed realization and M.A.C'M'A'No' 1994 There shall be no order as to costs' Miscellaneous petitions pending' if any' shall stand closed SD/. MOHD.ISMAIL R REGI T DEPUTY //TRUE COPY" SECTI ICER To, 1 The Principal District Judge -cum- tvlotor Accident Claims Tribunal at Mahabubnagar'

2. OneCC to SRI' G RAJKUMAR Advocate [OPUC] 3. One CC tO SRI. K VENI(ATA RAM REDDY AdVOCAIE TOPUC] 4 Two CD Cop'tes TPI(/PSL \qr HIGH COURT DATED:171021202s t ,)- -j ) ::zj|?==-r I i ir!: J j,4, i f"-i.\,_ . ,'. itr ?'" r25 fi?5L COMMON JUDGMENT+COMMON DECREE 5 t i ,i , I MACMA.No.301Z ol 2017 and MACMA.No.1994 of 2018 MACMA.NI.3017 of 2O1t tS pARTLy ALLOWED MACMA.No.1994 of 2O1B tS D|SM|SSED Lo .{'^ G a [ 32531 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONIOAY ,THE SEVENTEENTH DAY OF FEBRUARY .'.- _ TWOTHOUSANDANDTWENTY FIVE PRESENT T}TE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI TOR ACC IOENT CIVIL M ISCELLAN EOT.IS AP PEAL NO: 3017 AND {994 oF 2018 MOTO RACCIDENT C IVIL MISC ELLANE OUS APP EAL NO: 3017 oF 2017 Between: The Mtional insurance co. Ltd.,, Rep. by its Divisional' Manager' Padinavathi ColonY, Mahabubnagar' ...APPELLANT AND 'l . Smt.C.Usha Kumari,' W /o C sudarshan Reddy' Aged about 42 years' Occ Housewife, (mother ot o"!"""EiiH" ii rlo io:i t i.' Bc colonv' l"lear TV ilii;,'(;idi Viitage and Manoai' Mar'abubnasar Dis{rict' 'Ri:11il:ffi iTiS6"Yfl P|trSff$'r;,f ,i'-ffi ffi Js?''iaffjJ:r*' 3. C. Sin Chandana, D/o Csudarshan Reddy' Aged about 17 Years' Occ "C;]o;v' neii rV Tower' Kossi village and Mahabubnagar District' student, R/o H.No-2o-1 t ilBC Mindal,' ManaOubnagar District'

4.C.Sankirthana,S/oC.SudarshanReddy,Ag4..,lborrtl3vears,occ Student. R/o H.No.20-1 .i::Hi ilto"v''N.ea-1r! rower' o-Kosgi Village and tri"T"i,nrln"uuun,o,'bffi ii:,?'f S{l'""S'.1il:,1$f .fl ilffi fJ* ReP. bY the natural guar resPondent. No.1)'

5.KukkalaLaxman,S/oSathaiah'AgeMajor.occowneroftheDCMM.AP-23. x-7044, R/o H. l'1o. 7 -3e :'s&Iii; ;;"*p;ri' Veturu' Waransal' Ivled ak' 6. Akula NaTayana., S/o Chandraiah' Aged about 65 years' Occ DCM Driwr' " Ai; H.iG1 d-i -+i'0, ooooo"*ti' Hvderabad' (P-o1icv. ivtd6)ifti5r i #iooossb r z' V'lii {rom 30 7 20 1 3 to 2e'7'2o1 4' ...RESPONDENTS MOTOR ACCIDE NT CIVIL MIS LLANE OUS AP PEAL NO: 1994 oF 2018 Between: 1 ;:1,'.""-Y3ffi"[ym[j""yJ:.i s uda rsha n Reddy, Age-42 years, Occ-

2. C. Sudarshan Reddy, S/o Bheem Reddy, Age_ 52 yeas. Occ_ Teacher, 3. C. Siri Chandana, D/o C. Sudarshan Reddy, Age_ ,r rurr., Occ- Student, t 3^f&lflfilj:"1""r"; s^y!":,El Reddv, Ase- 13 years, occ- Student, ril#i:ri,:*:r#Hm:'^x#$fu ",!#'"#'irin.{;;$*l'# ! I AND ...APPELLANTS 'IY,Iffi '4"'flffi]a3j?,"'sJffi *,xy;T"r,??,:fiijl":!5;;#,ltt:,. ' *3#,'J':,1?'J:i"ff:ffi3""JlBil[I-td'" Reo by its Divisionar Manager, "H?i6d;#f*yfff 3. Akula Narayana, S/oCha 1?'&'6'i""'?"""f33i'%?iY"#b?li#?#[1" ...RESPONDENTS Appears fired Llnder,section 173 0f Motor vehicres Act against the Judoment and Decree dt.19.07.2017, passed i" nivbe r.r'"]'o'uu o, 2014 0nthe fire;f the Principat District Judge -"rm_ Moto,. A""iolri cir_r-rribunat at Mahabubnagar. These appeals coming- on for. hearing and upon perustng the grounds of appeal, the Judqment and Decree of the t_owEr 6"rrt the material papers in the case and upon hearino fhe, 2vgurnsnls of sri Raj Kumar crandhi, Advocate for the Appe'anr in MACMA rio.snti ort iiiit-t'ilil;:,ents in MACMA No lee4 or 2018 and Sri K 'y'enkata.R;-R"il; ';;;;i" ror the Respondenrs in MACMA.No.30 17 of 2017 and Appeilants i, iirnC"nin rv" 1e94 of 20.18. This Court doth Order and Decree as follows : tr"o a That the M.A.C.M.A.No.3o17.,of 2017 filed by claimants be and hereby is partly-allowed by reducing the compensati"i ,["g with rate of interest awarded by the 'Iribunat froT Rs;141?],OoOl_ t" n..izi 2,6OOt- andirt"r".i O 7 -5o/o per annurn from the date of petition tiif tfr" O"i" -of 'reatization;

3. That there shdl be no order as to costs //TRUE GOPY// SD/- MOHD.ISMA]L RAR DEPUTY REG SECTI CER To, ! l.ThePrincipalDistrictJudge-cum-MotorAccidentClaimsTribunalat Mahabubnagar.

2. Two CD CoPies TPK,/PSL Yy HIGH COURT DATED: 1 7 l02l2O2S COMMON DECREE MACMA.No.3017 ot 2017 pARTLy ALLOWED AND MACMA.No.1994 ot 2018 tS DISMISSED MACMA.No.3017 ot 201t tS pARTLy ALLOWED MACMA.No.1994 of 2018 tS D|SMISSED \,l..odd kM