APHC010195122018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 638 OF 2018 Between: 1. Musunuri Kasthuri Bai, W/o. late M. Narasimha Rao, Hindu, Female, Age 67 years, R/o. D.Nq.21-95, Hanuman Nagar, Western Locks, Venkatapuram Panchayat, Eluru, West Godavari District .. .Appellant/Petitioner 2. Musunuri Ramarkrishna Prasad, W/o. late M. Narasimha Rao, Hindu, Male, Age 48 years, R/o. Flat No.42, Phase No. 2, Saket Katra, Hyderabad -62 3. Jasti Padmaja Rani, W/o. Srinivasa Karendra, Hindu Female, 45 years, R/o Flat No.30, Road No. 10, Dhanalakshmi Society, Mahendra Hills, Hyderabad - 26. ...Appellants AND 1. D.Manikandan, S/o. Dhanabal, Hindu, Male, D.No.3/6, Attrangari Street, Rapamutirakkotai, Papanasam, Tamilanadu State. 2. T.Sekhar, S/o. Thangarasu, Hindu, Male, R/o. 48, Cholliya Street, Chitharakadu, Mayiladuthurai .Tamilanadu State 3. M/s Sri Ram General Insurance Co Ltd, 10003-E-8, RIICO Industrial Area Sita Pura, Jaipur, Rajasthan- 302 022. 4. The National Insurance Company Ltd, rep. by its Divisional Manager, Divisional Office, Eluru., West Godavari Dist.A.P (As per the orders in lA 630/2013, dt. 16.12.2013 the 4th respondent is added) ...Respondents Appeal filed under Section 173 of Motor Vehicles Act, aggrieved by the Decree and Judgment dated 20-10-2017 passed in M.V.O.P.No.723 of 2010 on the file of the Motor Accidents Claim Tribunal (Principal District Judge), West Godavari District, Eluru. This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Trial Court and material the Suit and upon hearing arguments of Sri B V Krishna Reddy, for the Appellants and Sri D Ravi Kiran, Advocate for Respondent No.3 and Sri Vuppalapati Srinivas Raju, Advocate for Respondent No. 4 This Court doth Order and decree as follows: 1. That the appeal be and is hereby disposed of; 2. That the order of the Tribunal be and hereby is modified holding that the appellants/claimants hereby are entitled for Rs.37,65,000/- with interest at the rate of 9% p.a. from the date of petition till the date of realization • papers in Advocate 3. That the balance amount be deposited and the total compensation amount be satisfied by the Insurance Company respondent by depositing the same into the credit of above said O.P. before the Tribunal below; 4 4. That on such deposit, the appellants/claimants be and hereby entitted to receive the total compensation amount as per the apportionment made by the Tribunal below in the same ratio without furnishing any security. are 5. That there be no order as to costs in this appeal. Sd/- G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1, The Chairman, Motor Accidents Claim Tribunal (Principal District Judge), Eluru, West Godavari District 2 Two CD Copies vna t HIGH COURT DATED:07/07/2025 DECREE MACMA NO. 638 OF 2018 Current Section DISPOSING OF THE APPEAL APHC010195122018 IN THE HIGH COURT OF ANDHRA PFJADESH AT AMARAVATI MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 638 OF 2ni« Appeal filed under Section 173 of Motor Vehicles Act, aggrieved by the Decree and Judgment dated 20-10-2017 passed in M.V.O.P.No.723 of 2010 on the file of the Motor Accidents Claim Tribunal (Principal District Judge), West Godavari District, Eluru. Between: 1. Musunuri Kasthuri Bai, W/o. late M. Narasimha Rao, Hindu, Female, Age 67 years, R/o. D.No.21-95, Hanuman Nagar, Western Locks, Venkatapuram Panchayat, Eluru, West Godavari District .. .Appellant/Petitioner 2. Musunuri Ramarkrishna Prasad, W/o. late M. Narasimha Rao, Hindu, Male, Age 48 years, R/o. Flat No.42, Phase No. 2, Saket Katra, Hyderabad -62 3. Jasti Padmaja Rani, W/o. Srinivasa Karendra, Hindu Female, 45 years, R/o Flat No.30, Road No.10, Dhanalakshmi Society,, Mahendra Hills, Hyderabad - 26. ...Appellants AND 1. D.Manikandan, S/o. Dhanabal, Hindu, Male, D.No.3/S, Attrangari Street Rapamutirakkotai, Papanasam, Tamilanadu State. 2. T.Sekhar, S/o. Thangarasu, Hindu, Male, R/o. 48, Cholliya Street, Chitharakadu, Mayiladuthurai,Tamilanadu State 3. M/s Sri Ram General Insurance Co Ltd, 10003-E-3, RIICO Industrial Area Sita Pura, Jaipur, Rajasthan- 302 022. 4. The National Insurance Company Ltd, rep. by its Divisional Manager, Divisional Office, Eluru., West Godavari Dist.A.P (As per the orders in lA 630/2013, dt. 16.12.2013 the 4th respondent is added) ...Respondents Counsel for the Appellants : Sri B V Krishna Reddy Counsel for the Respondent No.3 : Sri D Ravi Kiran Counsel for the Respondent No.4 : Sri Vuppalapati Srinivas Raj The Court made the following order: u APHC010195122018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3527] MONDAY, THE SEVENTH DAY OF JUL’^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 638/2018 Between: 1.MUSUNURI KASTHURI BAI, W/0. LATE M. NAF^ASiMHA RAO, HINDU, FEMALE, AGE 67 YEARS, RIO. D.NO.21-95, HANUMAN NAGAR, WESTERN LOCKS, VENKATAPURAM PANCHAYAT, ELURU, WEST GODAVARI DISTRICT 2.MUSUNURI RAMARKRISHNA PRASAD,, W/0. LATE M. NARASIMHA RAO, HINDU, MALE, AGE 48 YEARS, RIO. FLAT N0.42, PHASE NO. 2, SAKET KATRA, HYDERABAD -62 3.JASTI PADMAJA RANI,, W/0. SRINIVASA KARENDRA, HINDU FEMALE, 45 YEARS, RIO_ FLAT NO.30, ROAD NO.10, DHANALAKSHMI SOCIETY, MAHENDRA HILLS, HYDERABAD - 26. ..,APPELLANT(S) AND 1.D MANIKANDAN, S/0. DHANABAL, HINDU, MALE, D.NO.3/6, ATTRANGARI STREET, RAPAMUTIRAKKOTAI, PAPANASAM, K. TEMILANADU STATE. 2.T SEKHAR, S/0. THANGARASU, HINDU, MALGE, R/0. 48, 2 HBKM,J & HAHHS,J ■ M.A.C.M.A.No.638 of 2018 CHOLLIYA STRET.CHITHARAKADU, M/^YILADUTHURAI TAMILANADU 3.M/S SRI RAM GENERAL INSURANCE CO LTD, 10003-E-8, RIICO INDUSTRIAL AREA SITA PURA, JAIPUR, RAJASTHAN- 302 022. 4.THE NATIONAL INSURANCE COMPANY LTD, REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, ELURU.,WES T GODAVARI DIST (AS PER THE ORDERS IN lA 630/2013, DT.16.12.2013 THE 4TH RESPONDENT IS ADDED) ...RESPONDENTCS): Appeal filed under Order 41 of CPC praying thet tne Highcourt may be pleased toBeing aggrieved by the Decree and Judgment dt. 20-10- 2017 passe M.V.O.P.No.723. of 2010 on the file of the? Motor Accidents Claim Tribunal (Principal District Judge), West Godavari District, Eluru, the above named appellant begs to present the present Civil Miscellaneous Appeal lANO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to post the matter for final hearing of MACMA No.638/2018 in top list and pass such other order or orders in the Counsel for the Appellant(S): 1.BV KRISHNA REDDY Counsel for the Respondent(S): 1.D RAVI KIRAN 2,VUPPALAPATI SRINIVAS RAJU 3. The Court made the following: 3 HBKM,J & HAHHS,J M.A.C.M.A.No.638 of 2018 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 638 / 2018 JUDGMENT: (Per Hon’tie Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellants and the learned counsel for the 4^'^ respondent. This appeal was preferred against the order in M.V.O.P.No.723 of 2010 on the file of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Eluru, dated 20.10.2017, wherein compensation of Rs.23,00,000/- wi/h interest at the rate of 7.5% p.a. was awarded to the petitioners from the date of petition till the date of realization. 2. The Tribunal awarded the aforesaid compensation in detail as under: 1. Loss of dependency Rs.2:l,00,000/- 2. Loss of consortium Rs. 1,00,000/- 3. Loss of estate Rs.25,000/- 4. Funeral expenses Rs.25,000/- 5. Transportation charges F:s.50,000/- Total Rs.23,00,000/- 4 HBKM,J & HAHHSJ . h/.A.C.M.A.No.638 of 2018 The claimants examined PW1 to PW7 before the Tribunal and 3. RW1 was examined for the respondents. Ex.A1 to Ex.A14 were marked for the petitioners, Ex.B1 was marked for the respondents and Ex.X1 to Ex.X7 were marked through the witness. Considering .he depositions of the witnesses and the exhibits marked, the Tribunal arrived at the compensation as stated above. The learned counsel for the appellants submits that the claimants 4. are entitled for more compensation and the income of the deceased was not taken into consideration in right perspective. The Tribunal ought to have relied upon the evidence of PW7 and Ex.X7 corresponding to the EX.A14. On the other hand, the learned counsel appearing for the 4*'^ 5. respondent submits that the claimants have not submitted any bank statement of the deceased to show that the increased salary per month as stated by the claimants was credited to his account while he was in service, but they submitted the returns for the subsec uent year and the salary slip for the subsequent year after the death of the deceased i.e.. after the date of accident i.e., 13.01.2010. Whereas, upon perusal of the record and the judgment of the Tribunal, it is evident that the Tribunal relied upon the evidence of the Income Tax Officer concerned by taking 5 HBKMJ & HAHHS,J M.XC.M.A.No.638 of 2018 into consideration the returns submitted by the deceased in his life time and accordingly the Tribunal came to a conclusion that his salary might have been increased from Rs.50,000/- to Rs.1,00,000/ per month, but apparently, the Tribunal fixed the income of the deceased at the rate of Rs.7,00,000/- per annum, which according to this Court, it is incorrect conclusion and calculation. Having believed that the deceased employee was drawing a salary of Rs.1,00,000/- per month, the Tribunal should not have fixed at the rate of Rs.7,00,000/- per annum towards the income of the deceased. Hence, we take the income of the deceased as Rs.12,00,000/- per annum and accordingly we have deducted 10% towards income tax and multiplied with the multiplier 5, which comes to Rs.54,00,000/- and after deducting 1/3'’'^ of income towards his personal expenses, it comes to Rs.36,00,000/- (Rs.54,00,000/- x 2/3 Rs.36,00,000/-). 6. Accordingly, we have modified the order of the Tribunal under different heads as under for the entitlement of the claimants; 1. Loss of dependency Rs.36,00,000/- 2. Loss of consortium Rs. 1,20,000/- 3. Loss of estate f^s.15,000/- Funeral expenses 4. Rs; 15,000/- 6 HBKM,J & HAHHSJ M.A.C.M.A.No.638 of 2018 5. Transportation charges F?s. 15,000/- Total Rs.37,65,000/- 7. Accordingly, the order of the Tribunal is modified holding that the appellants/ claimants are entitled for Rs.37,65,000/- with interest at the rate of 9% p.a. from the date of petition till the date of ealization in the facts and circumstances of the case. Accordingly, the balance amount shall be deposited and the total compensation amount .shall be satisfied by the Insurance Company / 4*'' respondent by depositing the same into the credit of above said O.P. before the Tribunal below. CDn such deposit, the appellants/claimants are entitled to receive the total compensation amount as per the apportionment made by the Tribur al below in the same ratio without furnishing any security. 8. Accordingly, this appeal is disposed of. There shail be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, Motor Accidents Claim Tribunal (Principal District 1. The Chairman Judge), Eluru, West Godavari District (with records if any) 2. One CC to Sri. B V Krishna Reddy Advocate [OPUC| 3. One CC to Sri. D Ravi Kiran Advocate [OPUC] 4. One CC to Sri. Vuppalapati Srinivas Raju Advocate lOPUC] 5. The Section officer, V.R Section, High Court of Andhra Pradesh at Amaravathi 6. Two CD Copies Stu vna H(GH court DATED:07/07/2025 JUDGMENT + DECREE MACMA no. 638 OF 2018 OV 5 1« SEP 2025 m . Current Section DISPOSING OF THE APPEAL L