The High Court · 2025

9l lpl^"^1'^th" Judgment and Decree of th; Lo;e; 6ourt anO the mateiiat papers in the case.and uoon hearing tne argument""iliirt'r'n"i"alla Reddy' Advocate for the appellant ,Ii sri-rinir"v rumai, Advocate for the Respondent' I i i I l I I This Court doth Order and Decree as follows: 1' That the Motor Accident c-ivir,Misceraneous Appear be and hereby is arowed and the corroensation amount is enhanced. to Rs.22,74,7457_ (Rupees str s seveniy rou i'tn", i ii I iiirs;;"; ;,; ;;;' rli,iv ri]li5Iivr I[f l%S? :ir 2' That the rate of interest and ralio of apportionment among the petitioners is maintaineo a:, per the impugned order. 3' ]f.1t the .res'pondent No.2/insurer is directed to deposit the differentiar i^:Ij?:l'ril3i amount within rour *"ei. iio,'ir",i oit" "ii..l,iliiirl't",iiv[r 4' That as per the above terms the impugned decree is be and hereby modified. 5' That save as aforesaid, the decree of the is formar sha, stands confirmed in 6. That there be ro order as to costs in this appeal. all other respects; ano. , , //TRUE COPY// t SD/- MOHD. ISMAIL To, '1. The Chairman Motor Accident Claims Tribunal Nalgonda. 2. Two CD Copies SECTION OFFICER -Principal District Jude, AS,t..IVB ; HIGH COURT DATED:03 t01t2025 ', i \.i, .$ ,\ ',,1 t. i. o !* DECREE .t _ri- MACMA.No.1O91 ot 2024 DISPOSING OFF MACMA 23vlor 132171 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N'TUKARAMJI ISCELLANEO US APPEA L NO: 1691 0F 2024 MOTOR ACCID ENT CIVIL M Appeal filed Under Section 173 of Motor Vehicles Act' against the Order and 0""*Jln u.v.o.p.uo.tz I it zoll dated.03l12t2O12 0n the file of the court of the chliir". Motor Accident claims Tribunal-cum-principal District Jude, Nalgonda. Between:

1. Smt. Janthika Devamani' Wo Late Yesudasu, Aged about 48 years, Occ Household Janthika Prasanna Kumar, S/o. Late Yesudasu' Aged about 19 years' Occ. Student, ( ln the Lower court the 2nd Appellant was minor and he represented by his )]It,llIr i.,"Jir,J'"ri-,?i oii4Jir" Ab'pelant No. 1 , herein and now Appell.qnt No..2 ffiH; "il1:;j;,i'alth-it" Rlr.-\-c-oii cotonv' Nalsoncla rown' Nalgonda District. ..APPel lants/Claimants Aimer sinqh Khandelwal, s/o. Lt. sh. Lal singtr Khandelwal, Aged. Malgr' A:::bil# ;i ffI],,''Ri;. ri. No.- zoa, Vittase-sarr an rehsil Mehoon' District Rohtak, Haryana State. . (Owner of Crime Vehicle Lorry bearing No HR-38-L-0733) National lnsurance Company Limited, Banch Office-1' 5-C/'1 and 2' B P' of crime vehicle' H;iil; R;;, rl.r.r.F*b.iiuro, iliivina state l,]El, iriritv Nij.i6iitjr7e17a-e,fu0bdoe'1t3. vrtio Fiom 05-0e-2008 to 04-0e- 2009) -(lnsurer ...ResPondents/ ResPondents 2 AND 1 2 Counsel for the Appellant(s)iSnt M.RAJAMALLA REDDY Counsel for the Respondents: SRI K'AJAY KUMAR The Court made the following: JUDGMENT THE HONOURABLE SRI WSTICE N. TUKARAMJI M.A.C.M.A No. 169L OF 2024 ORDER: This appeal has been fiied by the claiman ts/ petitioners agg.eved by' r.he quantum of compensation awarcied in Decree and order, rlated 03.12.2O12 in M.V.O.p.No.12l of 2011 passed bv the Ch air-man, Motor Accidents Claims Trrbunal cu m_l Additional l)islricL Judge, at Nalgonda (hereinafte,r referrecl zrs "the Tribune 1") o Heard Sri Md.Haneef pasha, learned counsel represenlrng Mr. M.Kiran Reddy, learned coLrnsel for appellants and Sn K Ajay Kumar, leilrned counsel for respondent No.2/insurer

3. BriellS, 5121s6 the relevant facts are that on 26.07 .2OOg , u,hile Sri Yes uc asu/deceased was proceeding on his moped and reerched JanEl:rreddygudem X roads, the lorry bearing registration No.HR 38 L0733 clriven by its driver in rash and negligent manner dashed the moped and caused his instantaneous death. The wife and sc,n of the deceased hled petition claimrng that the deceased ',va s aged about 54 years and he was earning Rs.28,7921 per month and his death had affected their dependency. Tbus, prays for compensation of Rs.34,00,O00/ . After due enquin/, the Tribunal had passed the impugned order granting Rs.115, l4,OOO/- with proportionate costs and lnterest.a I 2 )irR..l MAC.V1 l69t 2021 60/" per annum against the o\\rner and insurer of the lorry/ respondent Nos.1 and 2.

4. Learned counsel for the appellants would contest that the Tribunal has erred in fixing the monthly income of the deceased at Rs.18,OO0/- without reasonable cause' That apart, thc future prospects and amounts granted under conventional heads are not in accordance with the settled propositions Thus' called for awarding just comPensation.

5. Learned counsel appearing for respondent No 2/insurer would submit that the deceased being the Government Employee' the dcath benefits and compassionate appointment, if any' had been considered by the Tribunal in awarding the compensation' Further, pleaded that the Tribunal had properly appreciated material aspects in determining compensation' Therefore' prayed for dismissal of the aPPeal.

6. I have considered the submissions of the learned counsel and perused the record. In view of the rival submissions, the point arises for 7. determination is whether the compensation awarded by the Tribunal is just and reasonable? '] ] -,.?t: J .\rRJ \.tA(-\1.1 t69,t )A21

8. The accrdent and death of Sri Yesudas/ deceased, his age and occupation are not in dispute. The petitioners asserted that the deceased rtas earning Rs.2a,792/ as salary. The depositiot-r of Accounts Manager, FCI/PW.3 and the salary certificate / Ex.A8 is also reflecLtng that thc monthly income of the deceased at Rs.23,514/ llowever, the Tribunal had taken the salary of the dcceased at Rs. 18,000/- per month. As this grounding is not supported try reason, relying upon the salary certificate/ Ex.AS and the cvicience of PW.3, the monthly income recalibrated to Rs.23,514/ I e effect the annual income of the deceased would be of Rs.2,82,168/- and after deduction of income tax as per the relevant slab at loo/o the net annual income comes to Rs.2,53,951.2(t ps. for convenience rounded off to Rs.2,53,9SOl It is now u'cll settled that even for the self-employed, future prospects are to be included in assessment of the cc,mpensation. Consiciering the age and the occupation of the deceased as per thc dircctives in Natiovlal lftsura.nce Compang Ltd. u. pranag Sethi and othersl, ls/o of the future prospects if added, the annual incom,: of the deceased would be of Rs.2,92,O421 (Rs.2,53,950.Ot) + p5.33,692.00). As the claimants,/dependanrs are tu.o in number, if 1/3.d income is deducted towards the deceased's personal expenditure his contribution to the family would be at l?s. 1,94,695/-. '(2lii7) i (-, SCC ii60 4 N'tR'J MAC,\,I. l69l 202.1 :-. .1 This multiplicand if multiplied with the multiplier prescribed in the judgment of Scrla Verma dnd others o. Delhi Transport Corpordtion and anotheP relevant to the age of deceased, i e, 1 1 , the total would come to Rs.2l ,41,645 l- The petitioners are entitled to this amount lbr loss of dependency'

9. Additionally, petitioners are entitled for Spousal and parental consortium at Rs.48,4OO/- each and Rs 18,150/- each under the heads of loss of estate and funeral expenses'

10. Thus, in all the petitioners are entitled for compensation as Description Loss of de enden Spousal and parental consortium to respective Petitioners @ Rs.4B 400 - each Loss of estate Funeral ex CNSCS TOTAL Amount awarded (in ru ees 2t, 4t,6

45.OO 96,800.o0 18 150.oo 18,150.OO 22 74,745.OO

11. In the result, the appeal is allowed and the compensatlon amount is enhanced to Rs-22,74,745'0O (Rupees Twenty Two Lakhs seventy four Thousand Seven Hundred and Forty Five only) with proportionate costs. The rate of interest and ratio of apportionment among the petitioners is maintained as per the ' (2017) r6 scc 860 ------..rt, 5 ,\rR,,J ,tL1Ct{A t69t 2024 rmpugnecl order. Thc respondent No.2/insurer is dirccted to deposit the clifferential compensation amount within four rveeks from the datr: of receipt of a copy of this judgment. In the above tcrms. rhc rmpugnt.d decree is modified. As a serluel, miscellaneorrs petitions if any, stands closed SD/. MOHD. ISMAIL PUTY REGISTRAR SECTION OFFICER -Principal District Jude, //TRUE COPY// To, Nalgonda. 1 . The Chairman lr4otor Accident Claims Tribunal 2. One CC to Sri l/l.Rajamalla Reddy, Advocate [OPUC] 3. One CC to -sri l( Ajay Kumar, Advocate [OPUC] 4. Two CD Copier; AS,^ryB +y :--'i. ,', 1 I-i:{) 'ii ._-4.: . . .t .$"' A.c\ \*' \ \ i:x HIGH COURT DATED:03101t2025 , l I i I ; I I I : JUDGMENT+DECREE MACMA.No.1691 of 2024 DISPOSING OFF MACMA Lb L,t u