The High Court · 2025

Counsel for the Appellants: SRI V.ATCHUTA RAM Counsel for the Respondent No.1:-- Counsel for the Respondent No.2: SRI N.MOHAN KRISHNA, for SRI HARINATH REDDY SOMA The Court made the following: JUDGMENT IN THE HIGH COURT FOR THE STATE OF TELA }ANA AT HYDERABAD THE HON'BLE SRI JUSTICE C.V.BIIASKAR REI DY MACMA No.13 18 of 2O19 DATE: O3.12.2O 2s Between: Y. Vcnkata Ramana and two others B. Laxma Rcddy trnd another JUDGMENT: AND Claimants I Appellants Respondents/R : pondents This appelrl, under Section 173 of the Motor v r;,ricles Act. 1988, is filcd by thc appellants-claimants challenging :l : order ancl dccrcc dated 12 03.2015 passed in M.V.O.P.No.3S8 r,f O12 by rhc Chainnan, M.,\CT-cum XIU Additional Chief Judge (F1 ( t. City Civil Corrrt, Hydcrabad, u,hereby the Tribunal awdrded total (.( npensation of Rs.9,92,00O/- with interest (A 7.So per annum in I vour of the ap pellan ts-claimit nts i.e., wife and children of as agairr.t the claim of Rs.20,00,000/ firr rhe death of the dcceased_y. Linga,ll . in a motor vehiclc accicle n t. !-rI , _._..+_ l 2

2. The brief facts of the case are that on 3 1.03.201 I at abour 0 7.30 A.M., when the deceased rvas proceeding on motorc-ycie bearing No.Ap-24K_ 1O6 2 along rvith the pillion rider and 18 months boy, when they reached the Raasi colony Gate on Narketpally/Addenki highway at the same. one lorry bearing No.Ap- 24-TA-1116 came in a rash and negligent manner in hrgh speed and dashed to the deceased motorcycie rcsulting the deceased sustained grievous injuries and died on thc spot. The police of Wadapally has registered a case uide Crime No.37 of 2O.l,l under Sections 337 and 304-A ofIpC against the driver o[ the said lorry. Stating that prior to the accident the deceased rvas hale and healthy earnrng a sum of Rs.10,00O/- per month, the appellants_claimants i.e., wifc and children of the deceased filed thc aforesaid claim petition bcfore thc Tribunal, seeking compensation of Rs.20,00,000/ on account ol thg death of the deceased. Before thc Tribunal, respondent No.l_orvner of the lorry remained ex parle. Rcspondcnt No.2_insurance company filed a counter denying the manncr of the accident ancr its riability and contended that the claim was excessive and untenable. On appreciation of oral and clocumentary evidence, the Tribunal held that the accident occurred due to the rash and negligent dri,,,ing of the lorry driver and that taking the income of the deceascd at Rs'7,166/- per month and applying rhe multiplier ,16,, the Tribunar 3 quantified total compcnsation at Rs.9,92,000/_ with int( I I jt at 7.Sok per annum florn the date of petition trll realization. Aggr i ved by the sarnc, the :rpPellants / claimants filcd the present altP : I seeking enhancemenl

3. Considcred the submissions of learned counl I for thc respective parties and perused the record. 4 . The learned cou nsel for the appellants submll t I I that thc Tribunal laitcd to c-onsider Ex.A7 salary certificate, whtct i;yidsnssj the clcceased's nronthll incomc at Rs. I0,000/-, and inst: rl adopted an arbitrary figure of Rs.7,166/_ without any basis. lt is further submilted rhat conventional heads were awarded on thc l()wcr side and rhc computaLion rt:quires reconslderation in the tight.,f the law laid dorvn by thc Suprcnte Court tn Nationo.l fnsuranc.- Compang Limited. us. Pranag Setht, .

5. On the orhcr hand, Iearned Standing Counsel ap1 :aring for respondent No 2 lnsurance Company supported the .rnpugned arvard and subrrrittr_,d tlrat thc compensation granted by t r . .l_ribunal is just and reasorrable irncl thc same necd not be enhance (l 6 There is no dispute regarding the finding of the Tr l r:na[ that the accident ocr.urred clue to thc rash and negligent driv r.g of the ' lott act ztoo E- -=_--l 4 driver of the lorry bearing No.AP 24 TA 1l16 and that both respondents are jointly and severally liable to pay compensation. The said f,rnding is based on oral and documentary evidence on record. 7 . Coming to the quantum, the Tribunal, while accepting the agc of the dcceascd as 35 years, did not consider Ex.A7 placed by the clalmants to establish his monthly income. The deceased was working as a driver in "Sai Associates", and even the Tribunal in the award refers to his occupation and the absence of rebuttal evidence from the insurer. On a reasonable assessment and keeping in vierv the occupation of the deceased, the monthly income is takcn at Rs.9,00O/ for the purpose of determination. Once the income rs fixcd at Rs.9,O00/ , 5001, is to bc addcd towards future prospccts as thc deceased was aged 35 years. After deducting one-third towards personal expenses, the annual contribution to the family comes to Rs.1,08,000/-. Applyrng multiplier '16' lor thc age group oi 31-35 years, the loss of dependencv works out to Rs. I7,28,OOO/-- With rcspect to thc convcntional heads, the Honble Supremc Court rn Pranag Sethi's case (supra) held that reasonable figures should be Rs.15,000/ for loss of estate, Rs.40,000/ for consortium and Rs.15,000/- for funeral expenses, with a 10% enhancement for every three years. Accordrngly, the appellants are entitled to Rs.84,0O0/ 5 under the said hcads. Thus, the total compensation p r ,irblc to the appellants comes to Ils.l8,12,000/- (lts.17,28,000 + Rs.i +,000).

8. [n the result, this appcal is partly allorv: and the compensation awardcd by thc Tribunal is erLl r rLced from Rs.9,92,0O0/- lo Rs. 18,12,00O/ with interest at 7.5' , l)er annum from the date ol petition till the date of realization. 'Ilr rest of the terms and conditions imposed by the Tribunal ; rrrll remain unaltered. No ordcr as to costs. As a serlucl, the nrisccllaneous petitions pcnding. : any, sha1l sland closed. SD/- N[ JAWAHAR REDDY TANT REGISTRAR ) ,,Aq,l //TRUE COPY// l \ \ SECTION OFFICER To,

1. The Chairman, Motor Vehicle Accidents Claim Tribur r,-cum-Xlv Additional Chief Judge, City Civil Court, Hyderabad.

2. One CC to SRI V ATCHUTA RA[\4, Advocate [OPUC] 3. One CC to SRI HARINATH REDDY SOlvlE, Advocate lt,PUCI 4. Two CD Copies NVB l. k HIGH COURT DATED:0311212025 JUDGMENT+DECREE MACMA.No.1318 of 2019 r.j; , i ?lib 7 Z 6t .b ,')* PARTLY ALLOWING THE MAMA WITHI: UT coSTS IKS t7 flrc [ 32e6 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDOY MOTOR ACCIDENT CIVIL MISCELLANE OUS APPEAL NO: 1318 OF 2019 Between: 'I Y Venkata Ramana, W/o Late Y.Lingaiah aged about 33 years Occ_- Household.

2. Y. Premalatha, D/o Late Y. Lingaiah aged about 15 years Occ.- Student 3. Y. Sai Praveen, S/o. Late Y. Lingaiah Aged. 13 years Occ. Student (Appllants No. 2 and 3 are minors Rep by Appellant No.1)ALL R/o. H.No. 2- 27, Sajjapuram Mandal, Neredcherla, Nalgonda District. ...Claimants/Appellants AND 1 2 B.Laxma Reddy, S/o. B. Eswara Reddy Aged. Major Occ. Bussiness R/o. H. No.7'" Block, Maruthi Road Lines Damercherla, Nalgonda Distric! 508 355, (Owner of Lorry Bearing No.AP 24 TA 1116) M/s, Bharati AXA General lnsurance Co.Ltd, Rep. by its Claims Manager, 3rd Floor, Gokul Towers, Opp.Nizam Hospital, Panjagutta, Hyderabad. ...Respondents/ Respondents Appeal under Section 173 of Motor Vehicle Act against the Judgment and Decree dated 12-03-2015 passed in M.V.O.P.No.358 ol 2012 on the file of the Court of the Chairman, Motor Vehicle Accidents Claim Tribunal-cum-XlV Additional Chief Judge, City Civil Court, Hyderabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgmenl and Decree of the Lower Court and the material papers in the Case and upon hearing the arguments of Sri V,Atachutaram, Advocate for the Appellant and of Sri Harinath Redddy Somea, Advocate for the Respo clent No.2, and none appeared for the respondent No,'1 . This Court doth Order and Decree as fotlows: '1 . That the [\ilotor Accident Civil Miscellaneous Appeal t* and. hereby is parfly allowed and the compensation awarded by the Tribrr ral is enhanced from Rs.9,92,0001 to Rs.18,12,0001 with interest @ 7.Sort p.a from the date of petition till the date of realization.

2. That the rest of lhe terms and condition a imposed by tr > tribunal shall remain unaltered.

3. That save as aforesaid, the Judgment and decree of tr Tribunal shall stands confirmed in all other respects; and

4. That there shall be no order as to costs in this appeal. SD/. I\ . JAWAHAR REDDY ASI; STANT REGISTRAR //TRUE COPY// \' \ S ECTION OFFICER To,

1. The chairman, Motor Vehicle Accidents claim Tribu r rl-cum-XlV Additional Chief Judge, City Civil Court, Hyderabad.

2. Two CD Copies NVB M HIGH COURT DATED:0311212025 DECREE MACMA.No.1318 of 2019 PARTLY ALLOWING THE MAMA WITH('UT COSTS F<S r + l-l,r