1. G v. Premalatha, Wo Late Vidyasagar, Aged about 50 years, Occupation Housewife, R/o H.No.14-24, Siddhanthi Basthi

9. Smt. Sarlavathi, D/o Vosaiah, Aged about 43 years, Occupation Household (All R/o H.No.14-24, Siddhanthi Basthi, Shamshabad (V) and (M), Ranga Reddy District) (Petitioners No.3 to 6 being minors, Rep. by their mother and natural guardian, Smt. G. V. Premalatha, Petitioner No.1 herein) ...APPELLANTS /PETITIONERS AND

1. K. Kalappa, S/o Kancha Gowder R/o 90, Veeraswamy Nagar. Alagundu Sirumugal, Tamilnadu (Mettupalayam) Owner of Lorry No TN 38.22377 2. The New lndia Assurance Company Limited, Represented by its Divisional Manager D.O lll, Koutilya Buildings, lV floor, Somajiguda Hyderabad. (lnsurance Policy No.31 721000 545 99999 valid from 05-05-1999 to 04-05- 2000) ...RESPONDENTS/RESPONDENTS Counsel for the Appellants : SRl. A KESHAVA REDDY Counsel for the Respondents-2 : SRI KOTA SUBBA RAO The Court made the following: ORDER ':i: ,") THE HON'BLD SMT. JUSTICE RENUKA YARA M.A.C.M.A. No.17O4 of2OL9 JUDGMENT: Heard Sri A. Keshava Reddy, learned counsel for the appellants/claimants and Sri Kota Subba Rao, learned starding counsel for the respondent No.2/lnsurance Company' Perused the entire record.

2. This is an appeal preferred by the appellants/claimarrts aggrievedbytheawardpassedbythelearnedllAddl.District Judge, Ranga Reddy District at L.B.Nagar (for short the Tribunal')' in M.V.O.P.No.823 of 2000, dated 12 l2.2ol4

3.Theclaimpetitionlr'asfiledbytheappellarrtsfollowingdeath of one G. Vidyasagar in a road trafhc accident which took place on the intervening night of 2l/22.Oa.2O00 at 00'30 hours near Palmakul Village on NH-7. The deceased was travelling along with the then MLA Indira Reddy and his gun men in Toyota car bearing No.AP 9 AF 4446. When they were returning after attending a function at Shadnagar, the car vvas hit by a lorry bearing No'TN 382 2377 which came in opposite direction' There was no contra evidence with respect to the manner of accident and the same is answered against the respondents by the Tribunal' 2 -;.t-

4. Upon examining the evidence adduced by the appellants, the Tribunal awarded compensation of Rs.1,72,4OO/- in addition to Rs.5,70,OOO/- with interest aL 9o/o per annum as against the claim of Rs.24,OO,O00/

5. The peculiar circumstzrnces of this case are such that compensation of Rs.5,70,OOO/- with interest at 9o/o per annum was awarded at the hrst instance. The said award was challenged before this Court by both the Insurance Company and the appellants herein. This Court has set aside the award, direcled the Tribunal to restore the claim petition and dispose of afresh. Following the said direction, the Tribunal re-assessed the eviden.ce and awarded Rs.l,72,4OO/- in addition to the already awarded amount of Rs.5,70,OOO/-. Currently, the appellants/claimzrnts have challenged the arvard on the premise that the decr:ased u,as doing Dairy Farm business, was working as a translator t,: foreign visitors and was delivering speeches and therefore, he had income of Rs.25,000/ per month. Further, the Tribunal had taken the age of the deceased as 46 years. While so, as per record. his age is only 4O years.

6. During arguments 1n appeal, the learned ,loun sel for the appellants emphasized that the deceased was aged 42 years and #7 \ ,/./ /'. 3 the multiplier that has to be applied is'13', whereas, the Tribunal has taken a wrong multiplier of '12'. Further, it is argued that no compensation was granted under conventional head apart from not considering the income of the deceased on the basis of larguage translation.

7. l,earned standing counsel for respondent/Insurance Company would submit that the compensation may be awarded on the basis of the guidelines laid down in National Insurance Co' Ltd, Vs. Pranag Sethi and othersl.

8. Before remalding of the matter to the Tribunal, the income of the deceased was considered at Rs.5,400/- per month and his contribution to the family after deducting 1/3rd of the income u'as fixed at Rs.3,6OO/-. During re-consideration by the Tribunal, the contribution of the deceased to the appellants was hxed at Rs.5,1oo/- per month (Rs'3,600/- + 1,500/-) by considering that the deceased was getting income through dairy farm a1so. Apart from the income from dairy farm, the appellants are claiming income of the deceased from his work as a translator. In that regard, Ex.A8/bunch of letters of correspondence are produced to show that the deceased was rendering services to Christian '(zorz) ro scc seo f 4 institutions in preaching gospel. The correspondence itself cannot be taken into consideration as the author of said correspondence was not examined before the Tribuna-l. However. the appellants have filed certain documents in the form of rec,3ipts from bank showing income in dollars and its conversion into rupees. The said income is not steady and the same was received at some intervals Therefore, an average of Rs.1,OOO/- per month extra is taken towards the contribution of the deceased to the appellants, as a tralslator. Thus, the total contribution to the appellants would be Rs.6,100/ per month.

9. Except for the Post mortem examination rep,rrt/Ex.A3, there is no document before this Court to ascertain the age of the deceased. As per Post mortem examination report, the age of the deceased is shown to be 46 years. The multiplier of '12'has wrongly been applied by the Tribunal arld hence a mull.iplier of '13' is applied keeping in view the age of the deceased.

10. Taking into account the contribution of the deceased to the appellants at Rs.6,1O0/- per month, as per judgmerrt of the Hon'ble Supreme Court in Pranay Sethi,s case ( 1 supra), if future prospects at 25ok i.e., Rs.l,525l is added, the annuai contribution of the deceased to the appellants comes to Rs.91,500/- (Rs.6,100/ :^*mfry ,w/ ,NE['E6v7 ,,1 I i 5 + Rs. 1,525/- X l2). If the said amount is multiplied by the appropriate multiplier '13'relying on Smt. Sarla Vatma Vs. Delhi Transport Corporationz, the total compensation under the head of 'loss of dependency'would be Rs. 11,89,500/- instead of Rs.7,34,400/- which was awarded by the Tribunal. Further, the learned Tribunal has awarded an amount of Rs.1O,OOO/- towards funeral expenses, Rs.5,000/- towards loss of consortium and Rs.3,OOO/ towards loss of estate. However, ln vlew of Pranay Sethi's case (1 supraf, the said finding is set aside. This Court is of the considered opinion that appellants are entitled to Rs.33,OOO/- towards funera-l expenses and loss of estate (Rs.3O,OO0/- + lOo/o enhancement thereon). In addition thereof, ciaimants are entitled Rs.44,OOO/- each towards consortium.

11. In so far as interest is concerned, the Tribunal has awarded interest @ 9o/o per annum from the date of petition till the date of reafization. This Court by relying upon the decision of the Hon'ble Supreme Court in Rajesh and others v. Rajbir Singh and others3, inclined to decrease the rate of interest awarded by the learned Tribunal to 7 -5o/" per annum on entire compensation amount from the date of petition till the date of realization. ' 1zoos1 o s.c.c. rzr 'zor3 Ac.r 1403 = 2013 (4) ALr 3s 6

12. In light of the aforesaid discussion, the appellants/claimants are entitled to the following amounts under I different heads: Head Compensation awarded (1) Loss of dependency Rs. 1 1,89,500 (2) Funeral expenses and l,oss of Estate Rs.33,OOO (3) Loss of spousal consortium Rs.44,000 fcrr appellant No. 1 (4) Loss of parental consortium (5) Loss of filia1 consortium Rs.2,20,00O for appellant Nos.2 to 6 Rs. 1,32,00O for appellant Nos.7 to 9 Totalcompensationawarded Rs.16,18,5OO/-

13. In the result, the Motor Accident Miscellaneous Appeal 1S partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.7,42,4OO /- to Rs. 16,18,500/- as hereunder a) The compensation amount shall carry interest at 7.5ok p.a. from the date of petition till the date of realization. b) The respondent Nos.l and 2 shall deposit the amount within a period of (B) weeks from the date of receipt of copy of judgment. On such deposit, the appellants/ claimants are entitled to withdraw the entire amount in proportion to their shares a'warded by the Tribunal, without furnishing the security. -...S.' 1 Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. There shall be no order as to costs. //TRUE COPY// P.PADMANABHA REDDY DEPUry REGISTRAR S CTION OFFICER To,

1. The Chiarman, The Chairman, Motor Accident Claims Tribunal-Cum-ll Addl Diskict Judge, Ranga Reddy District, L.B. Nagar. 2 One CC to SRI A KESHAVA REDDY Advocate [OPUC] 3. One CC to SRI KOIA SUBBA RAO, Advocate [OPUC] 4. Two CD Copies ABK qr t \ HIGH COURT DATED:2810312025 JUDGTUENT MACMA.No.I 704 of 2019 S 3r 5 ut'E 2t?5 -:.t r.-r I i/, i r'i'r/ * D!11..'-r'l vt,.i,;:. ,*.1-' PARTLY ALLOWING THE APPEAL G *fl"b X'.- IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENW EIGHTH DAY oF IVIARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MISCELLANEO US APPEAL NO: 1704 OF 2019 Between:

1. G. V. Premalatha, Wo Late Vidyasagar, Aged about 50 years, Occupation Housewife, Rio H.No.14-24, Siddhanthi Basthi, Shamshabad (V) and (M), Ranga Reddy District.

2. G.V. Snehalatha, D/o Late Vidyasagar, Aged about 32 years, Occupation - Private Employee Rio H.No.'14-24, Siddhanthi Basthi, Shamshabad (V) and (M), Ranga Reddy District.

3. G.V. Sreelatha, D/o. Late Vidyasagar, Aged about 30 years, Occ - Private Service R/o H.No.14-24, Siddhanthi Basthi, Shamshabad (V) and (M), Ranga Reddy District.

4. Premsagar, S/o. Late Vidyasagar, Aged about 22 yearc, Occ - Student R/o H.No.14-24, Siddhanthi Basthi, Shamshabad (V) and (M), Ranga Reddy District.

5. G.V. Vidyulatha, D/o late Vidyasagar Aged about 24 yea$, Occupation Student R/o H.No.'14-24, Siddhanthi Basthi, Shamshabad (V) and (M), Ranga Reddy District.

6. Pavithrasagar, S/o late Vidysagar Aged about 22 years, Occupittion S!ud91t R/o H.No.'14-24, Siddhanthi Basthi, Shamshabad (V) and (M), Ranga Reddy District.

7. G. Vosaiah, S/o late Papaiah (Died) R/o H.No.14-24, Siddhanthi Basthi, Shamshabad (V) and (M), Ranga Reddy District.

8. Smt.G. Venkatamma, W/o late Vosaiah (Died) (Legal Heirs of deceased Petitioners 7 and I are already on record) R/o H.No.14-24, Siddhanthi Basthi, Shamshabad (V) and (M), Ranga Reddy District

9. Smt. Sarlavathi, D/o Vosaiah, Aged about 43 years, Occupation Household (All R/o H.No14-24, Siddhanthi-Basthi, Shamshabad (V) and (M)'. Ranga heddy District) (Petitioners No.3 to 6 being minors, Rep. by their mother and natural guardi6n, Smt. G. V. Premalatha, Petitioner No.1 herein) AND ...Appellants /Petitioners 1 2 K. Kalappa, S/o Kancha Gowder R/o 90, Veeraswamy Nag-qr, l!10^u1a-u Sirumulil, Tamilnadu (Meftupalayam) Owner of Lorry No.TN 38.22377 The New lndia Assurance Company Limited, Represented by its Divisional Manager D.O. lll, Koutilya Buildings, lV floor, Somajiguda Hyderabad. ,'r.,:rrx; wi'i:- €r;r (lnsurancePolicyNo.31721ooo54599999validfrom0li-05-19991o04-05- 2000) ...Respondents Appeal filed under Section 173 of Motor Vehicle Ar:t, against the order and Deciee passed in M.V.O.P.NO 823 of 2000, dated 1211212014, on the file of Motor Accident claims Tribunal -cum- ll Addl District Judge, Rangareddy District at L.B. Nagar. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Court below and the material capers in the MVOP and upon hearing the arguments of Sri A. Keshava Reddy, Advocate for the Appellants and of Sri Kota Subba Rao, Advocate for the Respondent No.2 and none appeared for the Respondent No.1 . This Court doth Order and Decree as follows: 1 . That the appeal is be and hereby partly allowed.

2. That the compensation amount awarded by the lower court be and hereby enhanced from Rs.7,42,4001 to Rs.'16,18,5001.

3. That the compensation amount shall carry the interest at the rate of 7.5o/o per annum from the date of petition fill the date of realizatiorr.

4. That the respondent Nos. 1 & 2 shall deposit the amount within a period of eight (8) weeks from the date of receipt of copy of this judgment.

5. On such deposit, the appellants/claimants be and hereby entitle to withdraw the entire amount in proportion to their shares awarded by the Tribunal, without furnishing the security.

6. That save as aforesaid, the decree ofthe lower court shall stands confirmed in all other respects; and

7. That there shall be no order as to costs P.PADMANABHA REDDY DEPU REGISTRAR To s ot^

1. The Chairman, The Chairman, Motor Accident Claims Tribunal-Cum-ll Addl th* District Judge, Ranga Reddy District, L.B. Nagar.

2. Two C.D. Copies. ABK w HIGH COURT DATED: 2810312025 DEGREE MACMA.No.1704 of 2019 PARTLY ALLOWING THE MACMA ,e64 k-