\ APHC010284532018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FOURTEENTH 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: 973 OF 2018 BETWEEN: Union Of India Insurance Company Limited, Rep. by its Divisional Manager, Divisional Office, R.R Peta, West Godavari District, A.P. ...APPELLANT/RESPONDENT N0.3 AND 1. Kilaru Sampoorna, W/o. Adinarayana, Hindu, Female, aged about 42 Road, H.N0.28-4-13/B, Santhi th years, C/o K. Raghu Ramaiah, 12 Nagar, Eluru-7, West Godavari District. 2. Kilaru Adinarayana, S/o. Suryanrayana, Hindu, Male, aged about 46 Road, H.N0.28-4-13/B, Santhi th years, C/o K. Raghu, Ramaiah, 12 Nagar, Eluru-7, West Godavari District. 3. Adusumilli Ranganayakamma, W/o. Vijayaramaiah, Hindu, Female aged about 60 years, R/o. D.No.11-14. Canalkatta, Poranki Village Penanialuru Mandal, Krishna District. A 4. Adusumilli Vijayaramaiah, S/o. Ankineedu, Hindu, Male, aged about 65 Canalkatta, Poranid Village, Penamaluru years, R/o. D.No.11-14, Mandal, Krishna District. ... RESPONDENTS/PETITIONERS N0.1 TO 4 5. K Rajendra, S/o. Appalanajdu, Hindu, Male, aged 32 years, Occ:- Driver of Lorry No.AP-31-W,0099, R/o D.No.6-45, Chinnamusliinawada, Visakhapatnam City and District. 6. V L N Murthy, S/o. Chalamaiah, Hindu, Male, 42 years. Owner of Lorry No.APL. 31-W-0099, R/o. C. Challamaiah and Sons, BPC Dealer, New Gajuwaka, Visakhapatnam District. ...RESPONDENTS Appeal filed under Section 173 of Motor Vehicles Act, 1973, aggrieved by the Judgment and Decree dated: 24.03.2017 passed in M.V.O.P.No.625 of 2010 on the file of the Motor Accidents Claims Tribunal- cum-Judge, Family-Judge-cum-VII Additional District Judge & Sessions Judge, West Godavari, Eluru. Appeal coming on for hearing and upon perusing the Memorandum of Appeal, the Judgment and Decree of the lower Court and the material evidence on record and upon hearing the arguments of Sri. Srinivasa Rao Vutia for the Appellant and Sri. B.V. Krishna Reddy, for the Respondent. This Court doth order and decree as follows: 1. That the appeal be and hereby is disposed of; \ 2. That the the respondents/claimants be and hereby are entitled the total amount of Rs.24,32,108/- as compensation as determined by this Court; 3. That the difference of amount be deposited, if already the Insurance Company deposited some of the awarded compensation amount to the credit of the M.V.O.P. within a period of six (06) weeks from the date of receipt of this order; 4. That on such deposit by the appellant/lnsurance Company, the respondents/claimants be and hereby are entitled to withdraw the without furnishing any security; and same 3. That there be no order as to costs in this MACMA. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// sectioisTofficer To. 1. The Motor Accidents Claims Tribunal-cum-Judge, Family-Judge-cum- VII Additional District Judge & Sessions Judge, West Godavari, Eluru. 2. One CC to SRI. SRINIVASA RAO VUTLA Advocate [OPUC] 3. One CC to SRI. B V KRISHNA REDDY Advocate [OPUC] 4. Two C.D Copies. Ssl vna / HIGH COURT DATED:14/07/2025 DECREE I MACMA N0.973 OF 2018 DISPOSING OF THE MACMA A1?HC010284532018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FOURTEENTH 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: 973 OF 2018 Appeal filed under Section 173 of Motor Vehicles Act, 1973 , aggrieved by the Judgment and Decree dated; 24.03.2017 passed in M.V.O.P.No.625 of 2010 on the file of the Motor Accidents Claims Tribunal- cum-Judge, Family-Judge-cum-VII Additional District Judge & Sessions Judge, West Godavari, Eluru. BETWEEN: Union Of India Insurance Company Limited, Rep. by its Divisional Manager Divisional Office, R.R Peta, West Godavari District, A.P. ...Appellant/Respondent No.3 AND 1. Kilaru Sampoorna, W/o. Adinarayana, Hindu, Female, aged about 42 years, C/o K. Raghu Ramaiah, 12^^ Road, H.No.28-4-13/B, Santhi Nagar, Eluru-7, West Godavari District. 2. Kilaru Adinarayana, S/o. Suryanrayana, Hindu, Male, aged about 46 years, C/o K. Raghu, Ramaiah, 12*'' Road, 11 .No.28-4-13/B, Santhi Nagar, Eluru-7, West Godavari District. r 3. Adusumilli Ranganayakamma, W/o. Vijayaramaiah, * aged about 60 years, R/o. D.No.11-14. Canalkatta, Poranki Village Penamuluru Mandal, Krishna District. Hindu, Female, 4. Adusumilli Vijayaramaiah, S/o. Ankineedu, Hindu, Male, aged about 65 years, R/o. D.No.11-14, Mandal, Krishna District. Canalkatta, Poranid Village, Penamaluru ... Respondents/Petitioners No.1 to 4 5. K Rajendra, S/o. Appalanajdu, Hindu, Male, aged 32 years, Occ;- Driver of Lorry No.AP-31-W,0099, R/o D.No.6-45, Chinnamusliinawada, Visakhapatnam City and District. 6. V L N Murthy, S/o. Chalamaiah, Hindu, Male, 42 years. Owner of Lorry No.APL. 31-W-0099, R/o. C. Challamaiah and Sons, BPC Dealer, New Gajuwaka, Visakhapatnam District. ...Respondents lA NO: 2 OF 2018 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 to stay all further proceedings including execution of the order and decree dated.24/03/2017 passed in MVOP.no.625/2010 on the file of the Motor Accidents Claims Tribunal-cum-judge court-cum-VII Addl.Dist Judge, Sessions Judge, West Godavari, Eluru, pending disposal of the MACMA. Counsel for the Petitioner:- SRI. SRINIVASA RAO VUTLA Counsel for the Respondents:- SRI B.V. KRISHNA REDDY The Court made the following: APHC010284532018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] MONDAY, THE FOURTEENTH DAY OF JULY 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: 973/2018 Between: 1. UNION OF INDIA INSURANCE COMPANY LIMITED, REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, R.R PETA, WEST GODAVARI DISTRICT, A.P. ...APPELLANT AND 1.KILARU SAMPOORNA, W/0 ADINARAYANA AGED ABOUT 42 YEARS, C/0 K. RAGHU RAMAIAH, 12TH ROAD, H.NO. 28-4-13/B, SANTHI NAGAR, ELURU-7, WEST GODAVARI DISTRICT. HINDU, FEMALE 2.KILARU ADINARAYANA, S/0 SURYANRAYANA HINDU, MALE, AGED ABOUT 46 YEARS, C/0 K. RAGHU, RAMAIAH, 12TH ROAD, 11.N0.28-4-13/B, SANTHI NAGAR, ELURU-7, WEST GODAVARI DISTRICT. 3.ADUSUMILLI RANGANAYAKAMMA, W/0 VIJAYARAMAIAH, HINDU, FEMALE, AGED ABOUT 60 YEARS, RIO D.NO.11-14. CANALKATTA, PORANKI VILLAGE, PENANIALURU MANDAL, KRISHNA DISTRICT. 4.ADUSUMILLI VIJAYARAMAIAH, S/0 ANKINEEDU AGED ABOUT 65 YEARS, RIO D.NO.11-14, HINDU, MALE, CANALKATTA, 2 HBKM,J & HAHHS,Jj. M.A.C.M.A.No.973 of 7018 PORANLD VILLAGE, PENAMALURU MANDAL.. KRISHNA DISTRICT. 5.K RAJENDRA, S/0 APPALANAJDU, HINDU, MALE, AGED 32 YEARS, OCC- DRIVER OF LORRY NO.AP-31-W,0099, RIO D.N0.6- 45, CHINNAMUSLIINAWADA, VISAKHAPATNAM CITY AND DISTRICT. 6.V L N MURTHY, S/0 CHALAMAIAH, HINDU, MALE, 42 YEARS, OWNER OF LORRY NO.APL. 31-W-0099, RIO C. CHALLAMAIAH AND SONS, BPC DEALER, NEW GAJUWAKA, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Counsel for the Appellant: 1. SRINIVASA RAO VUTLA Counsel for the Respondent(S): 1.BV KRISHNA REDDY 3 HBKM,J & HAHHS,J M.A.C.M.A.No.973 of 2018 The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellantand the learned counsel for the respondents/claimants. This appeal arises against the order in M.V.O.P.No.625 of 2010 on the 2. file of Motor Accidents Claims Tribunal-cum-VII Additional District and Sessions Judge, West Godavari, Eluru, dated 24.03.2017, wherein the compensation amount of Rs.23,47,108/- along with interest @ 7.5% p.a. with proportionate costs was awarded by the Tribunal along with the incidental directions. Whereas the claim of the petition in the M.V.O.P. was Rs.27,00,000/-. The learned counsel for the appellant submits that the deceased was 3. working as an employee in Indusind Bank, Vijayawada and drawing salary of Rs.1,72,008/- p.a. as per the Ex.X2 and she used to get Rs.25,000/- as she was running a computer training centre. As per the Ex.X2 and X3, the income of the deceased was Rs.1,72,008/- p.a. 4. Here the Tribunal awarded 50% towards future prospects by adding it to the annual income of the deceased. Accordingly, it has come to Rs.2,58,012/- after deducting half of her income as she was a spinster at the time of death, it came to Rs.1,29,006/-. By applying multiplier 18(1,29,006 x 18) it comes to Rs.23,22,108/- and the funeral expenses of Rs.25,000/- was added. Accordingly, Rs.23,47,108/-, was awarded by the learned Tribunal. 4 HBKM,J & HAHHS,J M M.A.C.M.A.No.973 of 2018^ ' 5. On the other hand, the learned counsel appearing for the respondents/claimants submits that since the claimants are more, the funeral expenses of the deceased should have been reduced by the Tribunal. But we see no reason and force in its submission of the respondent counsel. 6. However, we award Rs.15,000/- towards loss of estate and we make it Rs. 15,000/- towards funeral expenses. The loss of consortium is also added by us for the parents of the deceased, which comes to Rs.80,000/-. Accordingly, the amount of compensation is awarded by us by modifying the order of the Tribunal below as follows: Loss of dependency Rs.23,22,108/- Loss of consortium Rs. 80,000/- Loss of estate Rs. 15,000/- Funeral expenses Rs. 15,000/- Total Rs.24,32,108/- 7. The total amount of Rs.24,32,108/- should have been the award of compensation, which is to be entitled by the respondents/claiman ts. Accordingly, the respondents/claimants are entitled for the above said compensation as determined by this Court under the above said heads. 8. The difference of amount shall be deposited, if already the Insurance Company deposited some of the awarded compensation amount to the credit 5 HBKM,J & HAHHS,J M.A.C.M.A.No.973 of 2018 of the M.V.O.P. within a period of six (06) weeks from the date of receipt of this order. On such deposit by the appellant/lnsurance Company, the respondents/claimants are entitled to withdraw the same without furnishing any security. Accordingly, this appeal is disposed of. There shatl be no order as to 9. costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SE FFICER To, 1. The Chairman, Motor Accidents Claims Tribunal-cum-Judge, Family- Judge-cum-VII Additional District Judge & Sessions Judge, Godavari, Eluru. 2. One CC to Sri. Srinivasa Rao Vutia, Advocate [OPUC] West 3. One CC to Sri. B V Krishna Reddy, Advocate [OPUC] 4. The Section Officer, V.R Section, High Court of Andhra Pradesh. 5. Two C.D Copies. Ssl vna HIGH COURT DATED: 14/07/2025 ^^FAND/y^ 11 AU6 2025 . Current Section JUDGMENT + DECREE X o Co MAGMA N0.973 OF 2018 DISPOSING OF THE MAGMA WITHOUT GOSTS