APHC010284622018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI riwcrs.'* MONDAY, THE FOURTEENTH DAY OF JULY fs !0 TWO THOUSAND AND TWENTY FIVE PRESENT o THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1460 OF 2Q1« Between: United India Insurance Company Limited, Rep. by its Divisional Manager, Divisional Office, R.R Peta, Eluru, West Godavari District, A.P. ...Appellant / Respondent No.3 AND 1. Md Abdul Kareem, S/o Rahman, Muslim, Male, aged about 27 years, Rio C/o K.Raghu Ramaiah, 12th Road, 28-4-13/B. Santhi Nagar, Eluru- 7, West Godavari Disirict. 2. Md Abdul Tushar Ariwar, S/o Md. Abdul Kareem Muslim, Male, aged, about 1 years, Rep. by K.Sampoorna, as S'" respondent, R/o C/o K. Raghu Ramaiah, 12“’ Road, 28-4-13/B, Santhi Nagar, Eiuru-7, West Godavari District. 3. Md. Hidaya Thunnisia Begum, W/o Rahman, Muslim, Female, aged R/o D.No. 15-84, Sanathnagar, Kanur Panchayat, Penamaluru Mandal, Vijayawada, Krishna District. about 48 years. r 4. M.A. Rahman, S/o Abdul Kareem, Muslim, Male, aged about 52 years, — R/o D.No. 15-84, Sanathnagar, Kanur Panchayat, Penamaluru Mandal, Vijayawada, Krishna District. 5. Kilaru Sampoorna, W/o Adinarayana, Hindu, female, aged about 42 years, C/o K. Raghu Ramaiah, 12^'' Road, 28-4-13/B, Santhi Nagar, Eluru-7, West Godavari District. 6. Kilaru Adinarayana, S/o Suryanarayana, Hindu, Male, aged about 46 years, C/o K. Raghu Ramaiah, 12*^ Road, 28-4/13/B, Santhi Nagar, Eluru-7, West Godavari District. (2"'^ petitioner being minor rep. by his natural guardian and maternal mother i.e., 5*^ respondent Kilaru Sampoorna Herein). nr .... ...Respondents/Petitioner Nos.1 to 6 7. K Rajendra, S/o Appalanaidu, Hindu, Male, aged about 32 years. Driver of Lorry .No.AP-31-W-0099, R/o D.No.6-45, Chinnamushinawada, VisalchapatnamCity and District. 8. V.L.N. Murthy, S/o Chalamaiah Owner of Lorry No.AP-31-W-0099 BPC Dealer, New Gajuwaka, Visakhapatnam District. Hindu, Male, aged about 42 years, R/o C. Challamaiah and Sons, ...Respondents/Respondent Nos.1 & 2 Appeal filed under Section 173 of Motor Vehicles Act, Aggrieved by the Award and Decree dated 24.03.2017 passed in M.V.O.P.No.626 of 2010 on the file of the Motor Accidents Claims Tribunal - cum - VII Additional District and Sessions Judge , West Godavari, Eluru. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the trial Court and the material papers in the Suit and upon hearing the arguments of Sri. Srinivasa Rao Vutia, Advocate, on behalf of the Appellant and Sri. B V Krishna Reddy for the respondent. This Court Doth Order and Decree as follows:- 1. That the Motor Accident Civil Miscellaneous Appeal be and Disposed of. 2. That the total amount of Rs.60,79,672/- be and is hereby awarded as compensation. 3. That the respondents/claimants be and above said compensation as determined by this Court. 4. That the Insurance Company be and hereby is directed to deposit the difference of amount, if already deposited is hereby,^ are hereby entitled for the 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. ,91 . such deposit by the appellant/lnsurance res'pondents/claimants be and Company, the are hereby entitled to withdraw the same without furnishing any security, apportionment and the disbursement be confirmed in terms of the award passed the Tribunal below 7. That there will be no order as to costs in this appeal. and are hereby Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Motor Accidents Claims Tribunal - District and Sessions Judge , West Godavari, Eluru. (with records) 2. Two CD Copies cum - VII Additional PR sree 1 r HIGH COURT DATED:14/07/2025 DECREE MACMA NO. 1460 OF 2018 DISPOSING THE APPEAL WITHOUT COSTS APHC010284622018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI & |o MONDAY, THE FOURTEENTH DAY OF JULY IH TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN A AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA jyiOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1460 OF 2018 Appeal filed under Section 173 of Motor Vehicles Act, Aggrieved by Award and Decree dated 24.03.2017 passed in M.V.O.P.No.626 of 2010 on the file of the Motor Accidents Claims Tribunal - cum - VII Additional District and Sessions Judge , West Godavari, Eluru. Between: the United India insurance Company Limited, Rep. by its Divisional Divisional Office, R.R Peta, Eluru, West Godavari District, A.P. Manager, ...Appellant / Respondent No.3 AND 1. Md Abdul Kareem, S/o Rahman, Muslim Rio C/o K.Raghu Ramaiah, 12th Road, 28-4-13/B, Santhi Nagar, Eluru- 7, West Godavari Disirict. Male, aged about 27 years. 2. Md Abdul Tushar Ariwar, S/o Md. Abdul Kareem, Muslim, Male, aged, about 1 years. Rep. by K.Sampoorna, as S**" respondent, R/o C/o K. .*<r Raghu Ramaiah, 12'*^ Road, 28-4-13/B, Santhi Nagar, Eluru-7, West ^ Godavari District. 3. Md. Hidaya Thunnisia Begum, W/o Rahman, Muslim, Female, aged N, ? about 48 years, R/o D.No. 15-84, Sanathnagar, Kanur Panchayat, Penamaluru Mandal, Vijayawada, Krishna District. 4. M.A. Rahman, S/o Abdul Kareem, Muslim, Male, aged about 52 years, R/o D.No. 15-84, Sanathnagar, Kanur Panchayat, Penamaluru Mandal, Vijayawada, Krishna District. 5. Kilaru Sampoorna, W/o Adinarayana, Hindu, female, aged about 42 years, C/o K. Raghu Ramaiah, 12‘^ Road, 28-4-13/B, Santhi Nagar, Eluru-7, West Godavari District. 6. Kilaru Adinarayana, S/o Suryanarayana, Hindu, Male, aged about 46 years, C/o K. Raghu Ramaiah, 12'^ Road, 28-4/13/B, Santhi Nagar, Eluru-7, West Godavari District. / ■ (2"^^ petitioner being minor rep. by his natural guardian and maternal mother i.e., 5^^ respondent Kilaru Sampoorna Herein). ...Respondents/Petitioner Nos.1 to 6 7. K Rajendra, S/o Appalanaidu, Hindu, Male, aged about 32 years. Driver of Lorry .No.AP-31-W-0099, R/o D.No.6-45, Chinnamushinawada, VisalchapatnamCity and District. 8. V.L.N. Murthy, S/o Chalamaiah, Hindu, Male, aged about 42 years. Owner of Lorry No.AP-31-W-0099, R/o C. Challamaiah and Sons, BPC Dealer, New Gajuwaka, Visakhapatnam District. ...Respondents/Respondent Nos.1 & 2 lA NO: 3 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 grant stay of all further proceedings including execution of the order and decree dated 24.03.2017 passed in MV.OP.No.626 of 2010 on the file of the Motor Accidents Claims Tribunal-cum-Vil Addl. District and Sessions Judge, West Godavari, Eluru. Counsel for the Petitioner: SRI. SRINIVASA RAO VUTLA Counsel for the Respondents: SRI. B V KRISHNA REDDY The Court made the following Judgment: ■) APHC010284622018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 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 Arr.inFNT CIVIL MISCELLANEOUS APPEAL NO: 1460/2018 [3527] MOTOR Between: REP. BY ITS 1.UNITED INDIA INSURANCE COMPANY LIMITED DIVISIONAL MANAGER, DIVISIONAL OFFICE, R.R PETA, ELURU, WEST GODAVARI DISTRICT, A.P. ...APPELLANT AND 1 MD ABDUL KAREEM, S/0 RAHMAN, MUSLIM, MALE, AGED ABOUT 27 YEARS, RIO C/0 K.RAGHU RAMAIAH, 12TH ROAD, 28-4-13/B, SANTHI NAGAR, ELURU-7, WEST GODAVARI DISIRICT. 2 MD ABDUL TUSHAR ARIWAR, S/0 MD. ABDUL KAREEM, MUSLIM, MALE, AGED. ABOUT 1 YEARS, REP.BY K.SAMPOORNA R/0 C/0 K. RAGHU RAMAIAH, 12TH ROAD, 28-4-13/B, SANTHI NAGAR, ELURU-7, WEST GODAVARI DISTRICT. 3 MD HIDAYA THUNNISIA BEGUM, W/0 RAHMAN, MUSLIM, FEMALE, AGED ABOUT 48 YEARS, R/O D.NO.15-84, SANATHNAGAR, KANUR PANCHAYAT, PENAMALURU MANDAL, VIJAYAWADA, KRISHNA DISTRICT. 4 M A RAHMAN, S/0 ABDUL KAREEM, MUSLIM, MALE, AGED ABOUT 52 YEARS, R/O D.NO.15-84, SANATHNAGAR, KANUR PANCHAYAT, 2 HBKM,J & HAHHSJ M.A.C.M.A.No.1460 of 2018 PENAMALURU MANDAL, VIJAYAWADA, KRISHNA DISTRICT. 5.KILARU SAMPOORNA, W/0 ADINARAYANA, HINDU, FEMALE, AGED ABOUT 42 YEARS, C/0 K. RAGHU RAMAIAH, 12TH ROAD, 28-4-13/B, SANTHI NAGAR, ELURU-7, WEST GODAVARI DISTRICT. 6.KILARU ADINARAYANA, S/O SURYANARAYANA, HINDU, MALE, AGED AHOUT 46 YEARS, C/0 K. RAGHU RAMAIAH, 12TH ROAD, 28-4/13/B, SANTHI NAGAR, ELURU-7, WEST GODAVARI DISTRICT. (2ND PETITIONER BEING MINOR REP. BY HIS NATURAL GUARDIAN AND MATERNAL MOTHER I.E., 5TH RESPONDENT KILARU SAMPOORNA HEREIN). 7.K RAJENDRA, S/O APPALANAIDU, HINDU, MALE, AGED ABOUT 32 YEARS, DRIVER OF LORRY .NO.AP-31-W-0099, R/0 D.NO.6-45, CHINNAMUSHINAWADA, VISALCHAPATNAMCITY AND DISTRICT. 8.V L N MURTHY, S/O CHALAMAIAH, HINDU, MALE, AGED ABOUT 42 YEARS, OWNER OF LORRY NO.AP-31-W-0099, CHALLAMAIAH AND SONS, VISAKHAPATNAM DISTRICT. R/0 C. BPC DEALER, NEW GAJUWAKA, ...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.1460 of 2018 The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned counsel for the respondents/claimants. 2. This appeal arises against the order in M.V.O.P.No.626 of 2010 on the file of Motor Accidents Claims Tribunal-cum-Vll Additional District and Eluru, dated 24.03.2017, wherein the Sessions Judge, West Godavari compensation amount of Rs.60,14,672/- along with interest @ 7.5% p.a. with proportionate costs was awarded by the Tribunal along with the incidental Whereas the claim of the petition in the M.V.O.P. was directions. Rs.45,00,000/-. 3. The learned counsel for the appellant submits that the deceased woman was working as an employee in TATA Consultancy Services Limited at Hyderabad as Senior Assistant System Engineer. The said accident took place on 11.03.2010 and she died at the spot. 4. The Tribunal relying upon the evidence of P.W.5 and Ex.X5, the income of the deceased was determined @ Rs.27,266.67/- per month. Accordingly, annually, the income of the deceased was figured at Rs.3,27,204/-. future prospects by following the judgment of the Hon’ble Apex Court in the the Tribunal added 50% towards future prospects and it became to Rs.4,90,806/- p.a. The 1/3'"* amount was deducted towards her For the Sarla Varma’s case, 4 HBKM,J & HAHHSJ M.A.C.M.A.No.l460of2018 ^ personal expenses as the age of the deceased was 25 years, the multiplier 18 was applied. Accordingly, the loss of dependency has been arrived at Rs.58,89,672/- determined @ Rs.1,00,000/- to it was awarded 5. (32,27,204 X18). The loss of consortium was the dependency of the deceased. For the funeral expenses Rs.25,000/-. learned counsel for the appellant submits that since she is a private Tribunal ought not to have taken into consideration towards the the judgment of the Hon’ble Apex Court in the Tribunal rightly taken 50% towards the future the deceased did MCA course and she is working on permanent 6. The employee, the future prospects. But as per Sarla Varma’s case, the prospects as basis in the above said organization and earning the above said salary. She has got the minor son aged one year husband along with her in-laws, who were dependent on her. at the time of accident along with her On the other hand, the learned counsel appearing for the claimants Tribunal ought not have deducted 1/3^" income towards her the claimants being six in number and the Tribunal and the salary prospects of the she was working as Senior Assistant 7. submits that the personal expenses as ought to have considered the income deceased women are high in nature as System Engineer in TATA Consultancy Services Limited at Hyderabad and V ‘^4 5 HBKMJ & HAHHSJ M.A.C.M.A.No.1460 o}2018 to abroad from the said she also would have got an opportunity to go organization. Upon consideration of both the counsels submissions and upon perusal of the record and the judgment of the Tribunal below, we deem it appropriate to consider the claim of the dependency of the deceased as under and we see for the loss of dependency and accordingly it is determined as 8. no reason Rs.58,89,672/-. For the purpose of calculating loss of consortium we make it Rs.40,000/- each multiplied by 4, which comes to Rs.1,60,000/- i.e., for the So far as the funeral Rs.15,000/- only instead of Rs.25,000/- and Accordingly, the cross husband, son and the parents of the deceased, expenses, we make it to Rs. 15,000/- is added towards loss of estate, objections, if any, of the appellant and the respondents/claiman ts is considered. Accordingly, the amount of compensation awarded by us by modifying the order of the Tribunal below as follows; 9. Rs.58,89,672/- Loss of dependency Rs. 1,60,000/- Loss of consortium 15,000/- Rs. Funeral expenses 15,000/- Rs. Loss of estate Rs.60,79,672/- Total 6 HBKM,J & HAHHS,J M.A.C.M.A.No.1460 of 2018 The total amount of Rs.60,79,672/- should have been the award of 10. compensation, which is to be entitled by the respondents/claimants. Accordingly, the respondents/claimants are entitled for the above said compensation as determined by this Court under the above said heads. The difference of amount shall 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 On such deposit by the appellant/lnsurance Company, the respondent|/pl§imants are entitled to withdraw the same without furnishing ahy security. The apportionment and the disbursement are confirmed in terms of th^ award passed»by the Tribunal below. 11. this order. 12. Accordingly, this appeal is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Motor Accidents Claims Tribunal - cum - VII Additional District and Sessions Judge , West Godavari, Eluru. (with records) 2. One CC to Sri. Srinivasa Rao Vutia Advocate [OPUC] 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 CD Copies PR sree 4*# HIGH COURT DATED:14/07/2025 JUDGMENT + DECREE MACMA NO. 1460 OF 2018 DISPOSING THE APPEAL WITHOUT COSTS