APHC010568972023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND honourable SRI JUSTICE A. HARI HARANADHA motor ACCIDENT CIVIL MIRCFLLANFOlis apdc/m SARMA Nos.9/2024 & 6«R of 2023 MOTOR ACCIDENT CIVtl MISCELLANFOI is addca. Between: No.9 of 2024 Reliance General Insurance Company Limited, Represented by its Manager, Registered office 19, Reliance Centre Marg, Ballard Estate, Mumbai-400 001. Walchand Dhirachand ■..APPELLANT/2'^° respondent AND 1. Shaik Lai Ahmed, S/o Shaik John Ahmed ^ 2. Shaik Habeeb, W/o Shaik Lai Ahmed 277, 8*'' Line, Butchaiah Thota, District-522 002. 3. Shaik Afroz Sultana, D/o Shaik Lai Ahmed, 3-277, 8^*^ Line, Butchaiah Thota, District-522 002. (DIED) Aged 47 Years, R/o D.No.8-3- Near Water Tank, Guntur City and Aged 23 Years, R/o D.No.8- Near Water Tank, Guntur City and 4. Shaik Dada Ahmed, S/o Shaik Lai Ahmed, Aged 19 Years, R/o D.No.8- 3-277, 8*^ Line, Butchaiah Thota, Near Water Tank, Guntur City and District-522 002. ...RESPONDENTS/PETITIONERS 5. Mohammed Hyder, S/o Yousuf Mohammed, Aged Not Known, Owner of Lorry bearing No.AP 29 TA 8761, R/o.H.No.6-1-77, Vanasthalipuram - %^Hif^„Colony, Ibrahimpatnam, Ranga Reddy District-501 506. I, V i , 6. Shaik Amzad, S/o Chand Pasha, Driver of Lorry bearing No.AP 29 TA 8761, R/o Markunda Village, Bidar Mandal, Bidar District-585 401. ...RESPONDENTS/1 RESPONDENTS Appeal filed under Section 173 of Motor Vehicles Act, against the Order and Decree dated 9-08-2023 in M.V.O.P.No.1168 of 2012 Principal District Judge, at Guntur, Guntur District. on the file of This appeal coming on for hearing and upon perusing the grounds of Petition, the Order and Decree of the Trial Court and the material papers in the Petition and upon hearing the arguments of Sri Harinath Reddy Advocate for the Appellant and of Sri Siva Prasad Katakamsetty, Advocate for Respondent Nos.2 to 4 and none appeared for Respondent Nos.5 & 6. Soma, MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.686 of 2023 Between: 1. Shaik Lai Ahmed (DIED) 2. Shaik Habeeb, W/o Shaik Lai Ahmed, Aged 58 years, R/o D.No.8-3- 277, 8‘^ Line, Butchaiah Thota, Near Water Tank, Guntur City, Guntur District. 3. Shaik Afroz Sultana, D/o Shaik Lai Ahmed, Aged 34 years, R/o D.No.8- 3-277, 8**^ Line, Butchaiah Thota, Near Water Tank, Guntur City, Guntur District. 4. Shaik Dada Ahmed, S/o Shaik Lai Ahmed, Aged 31 years, R/o D.No.8- 3-277, 8*'^ Line, Butchaiah Thota, Near Water Tank, Guntur City. Guntur District. ...APPELLANTS AND 1. Mohammed Hyder, S/o Yousuf Mohammed Aged Not Known, R/o.H.No.6-1-77, Vanasthalipuram Hills Colony, Ibrahimpatnam -501 506. (Owner of the Lorry bearing No.AP 29 TA 8761) 2. Reliance General Insurance Company Limited, Represented by Manager, Registered Office 19, Reliance Centre, Walchand Dhirachand Marg, Ballard Estate, Mumbai-400 001. 3. Shaik Amzad, S/o Chand Pasha, R/o Markunda Village Bidar District, Karnataka State. (Driver of Lorry bearing No.AP 29 TA 8761) (3*^“ respondent is added I.A.No.2776/2015) (The 3"*^ respondent is not necessary party as no claim is made against him in the appeal) its Bidar Mandal as per the orders dated 23.09.2022 In ...RESPONDENTS Appeal filed under Section 173 of Motor Vehicles Act Order dated 9-08-2023 passed in M.V.O.P.No.1168 of 2012 Principal District Judge, Guntur, Guntur District. aggrieved by the on the file of This appeal coming on for hearing and upon perusing the grounds of Petition, the* Order and Decree of the Trial Court and the material papers in Katakamsetty, none appeared for Respondent No.1 and of Sri Harinath Reddy Soma, Advocate for Respondent No.2. the Petition and upon hearing the arguments of Sri Siva Prasad Advocate for the Appellants and This Court doth Order and decree as follows: 1. That the appeals be and are hereby disposed of; 2. That the compensation be and is hereby awarded as under; S. Head Compensation Awarded No. 1. Monthly salary of the deceased future prospects 50% to the salary of deceased 50% of the income deducted towards personal expenses of the deceased Annual income of the deceased Multiplier of 18 at the age of 24 years Rs.34,000/- (Rs.34,000/-+ Rs. 17,000/-) Rs.51,000/- (Rs.51,000/-h-2) Rs.25,500/- 2. 3. 4. Rs.3,06,000/- 18x3,06,000/- = Rs.55,08,000/- 5. 6. Conventional Heads: i) Loss of Consortium li) Loss of Estate iii) Funeral expenses iv) Enhanced medical expenses Total Compensation Rs. 40,000/- Rs. 15,000/- Rs. 15,000/- Rs.50,000/- 7. Rs. 56,28,000/- 3. That the appellant/insurance company be and is hereby directed to deposit the total awarded compensation amount with interest @ 7.5% per annum, till the date of deposit, to the credit of the above said MVOP within a period of six (6) weeks from the date of the receipt of this order; 4. That upon such deposit, the respondents/claimants be and entitlecf to withdraw the are hereby same without furnishing any security in proportionality as determined by the Tribunal below; 5. That if some amount was already deposited, the balance amount shall be deposited by the insurance company; 6. That there be no order as to costs in this appeal. SD/- M.SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal District Judge, at Guntur. Guntur District. 2. Two CD Copies TK TAC HIGH COURT DATED:14/07/2025 COMMON DECREE MACMA Nos.9 of 2024 & 686 of 2023 s{ 2 8 AUG 2025 ^sXsnjntSKfigtx^ DISPOSING OF THE MACMAs APHC010568972023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE B KRISHNA MOHAN AND honourable SRI JUSTICE A. HARI HARANADHA motor accident civil MISnELLANFnil5^ apppa. SARMA Nos.9/2024 & fi«fi of 2023 motor ACCIDFNT rn/ii mISCELI AMFnii.! Appeal filed under Section 173 of Motor Vehicles Act, against the Order and Decree dated 9-08-2023 in M.V.O.P.No.1168 of 2012 on the file of Principal District Judge, at Guntur, Guntur District. Between: appeal No.9 nf 9nOA Reliance General Insurance Company Limited, Represented by its Manager, Registered office 19, Reliance Centre, Walchand Dhirachand Marg, Ballard Estate, Mumbai-400 001. ■■■APPELLANT/2^° respondent AND 1. Shaik Lai Ahmed, S/o Shaik John Ahmed (DIED) 2. Shaik Habeeb, W/o Shaik Lai Ahmed, 277, 8*^ Line, Butchaiah Thota, District-522 002. Aged 47 Years, R/o D.No.8-3 Near Water Tank, Guntur City and Between: 1. Shaik Lai Ahmed (DIED) 2? Shaik Habeeb, W/o Shaik Lai Ahmed. Aged 58 years, R/o D.No.8-3- 277, 8*'' Line, Butchaiah Thota, Near Water Tank, District. Guntur City, Guntur ■ --'L' 3. Shaik Afroz Sultana, D/o Shaik Lai Ahmed, Aged 34 years, R/o D.No.8- 3-277, 8*'" Line, Butchaiah Thota, Near Water Tank, Guntur City, Guntur District. 4. Shaik Dada Ahmed, S/o Shaik Lai Ahmed, Aged 31 3-277, 8*^ Line, Butchaiah Thota. Near Water Tank, Guntur City, Guntur District. years, R/o D.No.8- ...APPELLANTS AND 1. Mohammed Hyder, S/o Yousuf Mohammed R/o.H.No.6-1-77, Vanasthalipura 506. (Owner of the Lorry bearing No.AP 29 TA 8761) 2. Reliance General Insurance Company Limited, Represented by its Manager, Registered Office 19, Reliance Centre, Walchand Dhirachand Marg, Ballard Estate, Mumbai-400 001. 3. Shaik Amzad. S/o Chand Pasha. R/o Markunda Village Bidar District, Karnataka State. (Driver of Lorry bearing No.AP 8761) (3 respondent is added as per the orders dated 23.09.2022 i I.A.No.2776/2015) (The 3 respondent is not necessary party as against him in the appeal) Aged Not Known, Hills Colony, Ibrahimpatnam -501 m Bidar Mandal, 29 TA in no claim is made ...RESPONDENTS . 3. Shaik Afroz Sultana, D/o Shaik Lai Ahmed, Aged 23 Years, R/o D.No.8- 3-277, 8“^ Line, Butchaiah Thota, District-522 002. 4. Shaik Dada Ahmed, S/o Shaik Lai Ahmed, Aged 19 Years, R/o D.No.8- 3-277, 8**" Line, Butchaiah Thota, Near Water Tank District-522 002. Near Water Tank, Guntur City and Guntur City and ...RESPONDENTS/PETITIONERS 5. Mohammed Hyder, S/o Yousuf Mohammed Aged Not Known, Owner of Lorry bearing No.AP 29 TA 8761, R/o.H,No.6-1-77, Vanasthalipuram Hills Colony, Ibrahimpatnam, Ranga Reddy District-501 506. 6. Shaik Amzad, S/o Chand Pasha Driver of Lorry bearing No.AP 29 TA 8761, R/o Markunda Village, Bidar Mandal, Bidar District-585 401. ...RESPONDENTS/1®^ & RESPONDENTS lA NO: 2 OF 2C)9A Petition under Order 41 Rule 5 of 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 operation of decree and judgment dated 9-08-2023 in M.V.O.P.No.1168 of 2012 pending disposal of the main M.A.C.M.A. on the file of Principal District Judge, at Guntur Counsel for the Appellant: SRI HARINATH Counsel for Respondent Nos.2 to 4: Counsel for Respondent Nos.5 & 6: NONE APPEARED REDDY SOMA SRI SIVA PRASAD KATAKAMSETTY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAI Appeal filed under Section 173 of Motor Vehicles Act, aggrieved by the Order dated 9-08-2023 passed in M.V.O.P.No.l 168 of 2012 on the file of Principal District Judge, Guntur, Guntur District. No.686 of 2023 Counsel for the Appellants Counsel for Respondent No.1 : NONE APPEARED Counsel for Respondent No.2 ; SRI HARINATH REDDY SOMA The Court made the following COMMON JUDGMENT : : SRI SIVA PRASAD KATAKAMSETTY APHC010568972023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] Mm 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 NOs: 9/2024 & 686 of 2023 MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 9/2024 Between: 1. RELIANCE GENERAL INSURANCE COMPANY LTD. REPRESENTED BY ITS MANAGER, REGISTERED OFFICE 19, RELIANCE CENTRE, WALCHAND DHIRACHAND MARG, BALLARD ESTATE. MUMBAI-400 001. > j ...APPELLANT AND 1 .SHAIK LAL AHMED, S/0 SHAIK JOHN AHMED (DIED) 2.SHAIK HABEEB, W/0 SHAIK LAL AHMED, AGED 47 YEARS, R/0 D.NO.8-3-277, 8TH LINE. BUTCHAIAH THOTA, NEAR WATER TANK, GUNTUR CITY AND DISTRICT-522 002. 3.SHAIK AFROZ SULTANA, D/0 SHAIK LAL AHMED, AGED 23 YEARS. R/0 D.NO.8-3-277. 8TH LINE, BUTCHAIAH THOTA, NEAR WATER TANK, GUNTUR CITY AND DISTRICT-522 002. 4.SHAIK DADA AHMED, S/O SHAIK LAL AHMED, AGED 19 YEARS, R/0 D.NO.8-3-277, 8TH LINE, BUTCHAIAH THOTA, NEAR WATER TANK, GUNTUR CITY AND DISTRICT-522 002. 5.MOHAMMED HYDER, S/O YOUSUF MOHAMMED, KNOWN, OWNER OF LORRY BEARING NO.AP 29 TA 8761, R/O AGED NOT 2 .BKM,J& AHHS.J ■ , M.A.C.M.A.Nos.9 of 2024 & 686 of 2023 H.NO.6-1-77, IBRAHIMPATNAM, RANGA REDDY DISTRICT-501 506. 6.SHAIK AMZAD, S/0 CHAND PASHA, DRIVER OF LORRY BEARING NO.AP 29 TA 8761, R/0 MARKUNDA VILLAGE, BIDAR MANDAL, BIDAR DISTRICT-585 401. VANASTHALIPURAM HILLS COLONY ...RESPONDENT(S); Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toAppellant begs to present this Memorandum of Motor Accidents Civil Miscellaneous Appeal before this Hon'ble Court against the Order and Decree dated 9-08-2023 in M.V.O.P.No.1168 of 2012 on the file of Principal District Judge, at Guntur lA NO: 1 OF 2024 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 dispense with the filing of statutory deposit receipt for an amount of Rs.25,000/-, paid for preferring the appeal in M.V.O.P.No.116 8 of 2012 the file of Principal District Judge, at Guntur and pass lA NO: 2 OF 2024 on 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 grant stay of operation of decree and judgement dated 9-08-2023 in M.V.O.P.No.1168 of 2012 on the file of Principal District Judge, at Guntur, pending disposal of the main M.A.C.M.A. and pass lA NO: 3 OF 2024 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 may be pleased to permit them to withdraw their share of compensation amount out of the 50% of the deposited amount that was deposited by the 2 herein nd respondent as per the terms of the decree in M.V.O.P No. 1168/2012 on the file of the Chairman, Principal District Judge, Guntur, pursuant to the orders of this Hon'ble Court dated 9-1-2024 in I.A. 2 of 2024 in MAGMA No.9/2024 and to pass 3 BKM,J& AHHS.J M.A.C.M.A.Nos.9 of 2024 & 686 of 2023 Counsel for the Appellant; 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1.SIVA PRASAD KATAKAMSETTY 2. MOTOR ACCIDENT CIVIL MISCELLANFOUS APPEAL Between: 1. SHAIK LAL AHMED. (DIED) 2.SHAIK HABEEB,, W/0. SHAIK LAL AHMED. NOW AGED ABOUT 58 YEARS, NO; 686/2023 3.SHAIK AFROZ SULTANA.. D/0. SHAIK LAL AHAMED ABOUT 34 YEARS. 4. SHAIK DADA AHMED NOW AGED S/0. SHAIK LAL AHMED ABOUT 31 YEARS, ALL ARE RESIDENT OF AT D.NO. S-MTT^STH LINE, BUCHAIAH THOTA, NEAR WATER TANKS, GUNTUR CITY GUNTUR DISTRICT ...APPELLANT(S) AND 1. MOHAMMED HYDER, S/0. YOUSUF MOHAMMED AGE NOT known, H.NO. 6-1-77, VANASTHALIPURAM HILLS COLONY IBRAHIMPATNAM-501 506. (OWNER OF THE LORRY AP 29 TA 8761) 2. RELIANCE GENERAL INSURANCE CO LTD. REP. BY ITS MANAGER, REGISTERED OFFICE 19. RELIANCE CENTRE WALCHAND DHIRACHAND MARG. BALLARD ESTATE. MUMBAI-400 BEARING NO. 001 3.SHAIKAMZAD, S/0. CHAND PASHA, MARKUNDA VILLAGE BIDAR MANDAL AND DISTRICT. KARNATAKA STATE LORRY BEARING NO. AP 29 TA 8761) (DRIVER OF THE 3RD RESPONDENT IS 4 BKM.J& AHHS ^ M.A.C.M.A. Nos. 9 of 2024 & 686 of 2023 ADDED AS PER THE ORDERS DATED 23-9-2022 IN I.A. 2776/2015 (THE 3RD RESPONDENT IS NOT NECESSARY PARTY AS NO CLAIM IS MADE AGAINST HIM IN THE APPEAL) ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased topleased to reconsider the compensation amount awarded by the Tribunal and enhance the amount of compensation as claimed by the appellants in M.V.O.P. No. 1168/2012 on the file of the Principal District Judge, Guntur, with interest @ 12percent per annum from the date of filing the Original Petition till the date of realization besides costs and pass Counsel for the Appellant(S): 1.SIVA PRASAD KATAKAMSETTY Counsel for the Respondent(S): 1.HARINATH REDDY SOMA 2. 5 BKM,J& AHHS.J M.A.C.M.A.Nos.9 of 2024 & 686 of 2023 The Court made the following: JUDGMENT:('Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant/insurance company and the learned counsel for the respondents/claimants. 2. The Motor Accident Civil Miscellaneous Appeal No.9 of 2024 is filed by the insurance company and the Motor Accident Civil Miscellaneous Appeal No.686 of 2023 is filed by the claimants. 3. These two appeals arise against the order passed in M.V.O.P.No.1168 of 2012 on the file of Principal District Judge, Guntur, dated 09.08.2023, wherein, a compensation of Rs.55,78,000/- was awarded along with interest @ 6% per annum from the date of petition, till the date of realization, along with the other incidental directions. 4. The deceased, while he was going on a scooty bearing No.AP 7 AC 1343, met with an accident on the hitting of the iron load lorry bearing No.AP 29 TA 8761 and consequently he sustained several injuries and as such he was shifted to Yashoda Hospital in Ambulance and upon such accident, a crime was registered vide FIR.No.286 of 2012 under Section 337 I.P.C., which was subsequently altered to Section 304-A I.P.C., consequent upon the death of the deceased on 20.04.2012, while he was undergoing treatment in the hospital. It is born out of the record that the petitioner was working as Software Engineer in Cognizant Technology 6 BKM,J&AHHS,J , M.A.C.M.A.Nos.9 of 2024 & 686 of 2023 '' • Solutions, Cyberabad, Hyderabad and he Rs.35,000/- per month. was earning a sum of 5. But, the Tribunal, upon consideration of the Ex.A.S-salary slips and the deposition of P.W.5, arrived at a conclusion with respect to the income of the deceased as Rs.34,000/- per month. As the age of the petitioner was 24 years old at the time of the accident, towards future income another 50% was added to his monthly income and accordingly it was fixed at Rs.51,000/- per month. After deducting 50% per annum towards his personal expenditure, the annual income of the deceased was arrived at Rs.3,06,000/- per annum. For which, the multiplier of 18 was applied. Accordingly, the loss of dependency was fixed at Rs.55,08,000/-. The Tribunal, towards loss of estate, consortium and funeral expenses, awarded Rs. 15,000/-, Rs.40,000/- and Rs. 15,000/-, respectively. Since the 1®* petitioner was the father of the deceased and who is no more, no consortium can be awarded and as such we restrict the loss of consortium to the 2""' petitioner-Mother of the deceased only. So far as the funeral expenses are concerned, the Tribunal rightly awarded Rs. 15,000/- and towards loss of estate also the Tribunal rightly awarded Rs. 15,000/-. Since the deceased struggled in the hospital for survival for a period of one (1) week approximately and as the claimants must have spent lot of amount towards medical treatment in more than one hospital, we deem it fit to award a sum of Rs.50,000/- for the medical expenses. Insofar as the rate of interest is concerned, we propose to 7 BKM,J& AHHS.J M.A.C.M.A.Nos.9 of 2024 & 686 of 2023 increase from 6% to 7.5% per annum. Accordingly, the compensation is awarded as under: Compensation Awarded S. Head No. Rs.34,000/- Monthly salary of the deceased 1. (Rs.34,000/- + Rs.17,000/-) Rs.51,000/- Future prospects 50% to the salary of deceased 2. (Rs.51,000/--2) Rs.25,500/- 50% of the income deducted towards personal expenses of the deceased 3. Rs.3,06,000/- Annual income of the deceased 4. 18x3,06,000/- = Rs.55,08,000/- Multiplier of 18 at the age of 24 years 5. Conventional Headc: 6. Rs. 40,000/- Loss of Consortium ') Rs. 15,000/- Loss of Estate ii) Rs. 15,000/- Funeral expenses iii) Rs.50,000/- iv) Enhanced medical expenses Rs. 56,28,000/- Total Compensation 7. 6. Accordingly, the claimant’s appeal for enhancement of compensation is also considered in the above said manner. The appellant/insurance company is directed to deposit the total awarded compensation amount with interest @ 7.5% per annum, till the date of deposit, to the credit of the above said MVOP within a period of six (6) weeks from the date of the receipt of this order and upon such deposit, the respondents/cla imants 8 BKM,J&AHHS,j M.A.C.M.A.Nos.9of2024&686of2023 ' « are entitled to withdraw the same without furnishing any security in proportionality as determined by the Tribunal below. If already deposited, the balance amount shall be insurance company. some amount was deposited by the 7. Accordingly, both the appeals are disposed of. There shall be order as to costs. no As a sequel. Interlocutory Applications pending, if any, shall stand SD/- M.SRINIVAS ASSISTANT REGISTRAR closed. //TRUE COPY// cc SECTION OFFICER To 1. The Principal District Judge, at Guntur, any) 2. One CC to Sri Harinath Reddy Soma, Advocate “ 3. One CC to Sri Siva Prasad Katakamsetty, Advocate 4. The Section Officer, VR Section Amaravathi. (to dispatch the trial 5. Two CD Copies Guntur District, (with records if [OPUC] [OPUC] High Court of Andhra Pradesh at court records) TK TAC HIGH COURT DATED;14/07/2025 COMMON JUDGMENT + DECREE MACMA Nos.9 of 2024 & 686 of 2023 disposing of the MACMAs