IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI - . MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.3041 of 2014 Between: Reliance General Insurance Company Limited, Represented by its Manager, SSS Plaza, MG Road, Warangal. ...Appellant/2"'' Respondent AND 1. Polu Anusuyamma, W/o. Late Ramalingeswara Reddy, aged 40 years, Hindu, Housewife, 2. Polu Mounika, D/o. Late Ramalingeswara Reddy, Hindu, aged 15 years. Student, 3. Polu Manju, D/o. Late Ramalingeswara Reddy, Hindu, aged 14 years Student, 4. Polu Manasa, D/o. Late Ramalingeswara Reddy, Hindu, aged 13 years. Student, 5. Polu Linga Reddy, S/o. Pulla Reddy, aged 80 years. Cultivation, 6. Polu Lakshumma, W/o. Linga Reddy, aged 75 years. Housewife, (Respondents 2 to 4 being minors represented by their mother and next friend Polu Anasuyamma) (Respondents 1 to 6 are R/o. Kondapuram Village, Post and Mandal ^ Kadapa District.) i* * ...Respondents/Petitioners 7. U.Veeraiah, S/o.Lakshumanna, Owner of Lorry bearing No.TN-28P- 0115, Hindu, R/o.D.No.3/74-B, Lakshmipeta, Yemmiganur, Kurnool District. 8. C.V.Rishna Reddy, S/o: -Chenchi Reddy, Hindu, Owner of the Car bearing No.AP-04TV-0352, R/o.D.No.4/48, Main Bazaar, Railway Kondapuram Village, Post and Mandal, Kadapa District. 9. The United India Insurance Company Limited, Dwaraka Towers, 7- Roads, Kadapa City, Kadapa District. lO.S.Syed Basha, S/o. Abdul Sattar, Muslim, former owner of the Lorry bearing No.TN-28P-0115, R/o.Door No.33/32, Chittari Street, Kurnool. ...Respondents/Respondent Nos.1, 3 to 5 Appeal filed under Section 173 of M.V.Act, aggrieved by the order passed in M.V.O.P.No.327 of 2009 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, at Kadapa, dated 31®‘ January, 2014. 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 Gudi Srinivasu, Advocate for the Appellant and of Sri D Kodanda Rami Reddy, Advocate for the Respondent Nos.1 to 6 and none appeared for Respondent Nos.7, 8 & 10 and of Smt S Pranathi, Advocate for Respondent No.9. This Court doth Order and decree as follows: 1. That the appeal be and is hereby disposed of; 2. That the respondents/claimants be and compensation of Rs.43,20,000/-; 3. That the respondents/claimants be and are hereby entitled to receive the total compensation amount as per the apportionment made by the Tribunal below in the same ratio; 4. That the difference of Court Fee be paid by the claimants before the Tribunal below to the account of the said M.V.O.P. within a period of four (04) weeks from the date of receipt of copy of this judgment; 5. That on payment of the court fee amount, the claimants be and hereby entitled to withdraw the compensation amount as directed; 6. That there be no order as to costs in this appeal. are hereby awarded are Sd/- N NAGAMMA ASSISTANT REGISTRAR P' %- SECTION OFFICER 1. The Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, at Kadapa, Kadapa District. 2. Three CD Copies //TRUE COPY// To TK sree A HIGH COURT DATED:28/04/2025 DECREE MACMA.No.3041 of 2014 DISPOSING OF THE MACMA WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.3041 of 2014 Appeal filed under Section 173 of M.V.Act, aggrieved by the order passed in M.V.O.P.No.327 of 2009 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, at Kadapa, dated 31®* January, 2014. Between: Reliance General Insurance Company Limited, Represented by its Manager, SSS Plaza, MG Road, Warangal. ...Appellant/2"‘* Respondent AND 1. Polu Anusuyamma, W/o. Late Ramalingeswara Reddy, aged 40 years Hindu, Housewife, 2. Polu Mounika, D/o, Late Ramalingeswara Reddy, Hindu, aged 15 years. Student, 3. Polu Manju, D/o. Late Ramalingeswara Reddy, Hindu, aged 14 years. Student, 4. Polu Manasa, D/o. Late Ramalingeswara years, Student, 5. Polu Linga Reddy, S/o. Pulla Reddy, aged 80 . f ■* 6. Polu takshumma, W/o. Linga Reddy, aged 75 (Respondents 2 to 4 being minors represented by their mother and next friend Polu Anasuyamma) (Respondents 1 to 6 are R/o. Kondapuram Village, Post and Mandal, Kadapa District.) Reddy, Hindu, aged 13 years, Cultivation years. Housewife ...Respondents/Petitioners 7. U.Veeraiah, S/o.Lakshumanna, Owner of Lorry bearing 0115, Hindu, R/0.D.N0.3/74-B, Lakshmipeta, Yemmiganur, District. 8. C.V.Rishna Reddy, S/o. Chenchi Reddy, Hindu, Owner of the Car bearing No.AP-04TV-0352, R/o.D.No.4/48, Kondapuram Village, Post and Mandal, Kadapa District. 9. The United India Insurance Company Limited, Dwaraka Towers, 7- Roads, Kadapa City, Kadapa District. lO.S.Syed Basha, S/o. Abdul Sattar, Muslim, former owner of the Lorry bearing No.TN-28P-0115, R/o.Door No.33/32, Chittari Street, Kurnool. NO.TN-28P- Kurnool Main Bazaar, Railway ...Respondents/Respondent Nos.1,3 to 5 I.A. NO: 1 OF 2014fMACMAMP. NO: 3625 OF 2014) 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 operation of the decree and judgment in M.V.O.P.No. 327 of 2009 on the file of the court of the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, afK'adapa dated 31®‘January, 2014, pending disposal of the main C.M.A. Counsel for the Appellant Counsel for Respondent Nos.1 to 6: Sri D Kodanda Rami Reddy Counsel for Respondent Nos.7,8 & 10: None Appeared Counsel for Respondent No.9 The Court made the following: : Sri Gudi Srinivasu : Smt S Pranathi APHC010090712014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [^0 [3527] MONDAY, THE TWENTY EIGHTH DAY OF APRIL 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: 3041/2014 Between: Reliance General Insurance Co Ltd ...APPELLANT AND Polu Anusuyamma 9 Others and Others Counsel for the Appellant: ...RESPONDENT(S) 1.GUDI SRINIVASU Counsel for the Respondent{S): 1.VSAMBASIVARAO 2.D KODANDARAMI REDDY 3.S PRANATHI The Court made the following: 2 HBKMJ & HAHHSJ M.A.C.M.A.No.3041 of 2014 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3041/2014 JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned counsel for the respondents/claimants. This appeal was preferred against the order in IVI.V.O.P.No.327 of 2009 on the file of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Kadapa, dated 31.01.2014. 2. The Tribunal awarded compensation amount of Rs.41,15,000/- with proportionate costs directing the respondent Nos.1,2 and 5 therein to pay the same jointly and severally. The Tribunal taken the income of the deceased as Rs.30,000/- per month following the judgment of Sara/a Verma and others v. Delhi Transport Corporation and another^. The Tribunal arrived at the said amount relying upon the documents marked under Ex.A7 to Ex.A48. The Tribunal awarded Rs. 10,000/- towards loss of consortium, Rs.5,000/- towards funeral expenses and Rs.50,000/- towards loss of love and affection. In total, it arrived at Rs.41,15,000/- towards compensation payable to the claimants therein. 2009 ACJ 1298 % 3 HBKM,J & HAHHSJ M.A.C.M.A.No.3041 of 2014 3. The learned counsel for the occurred due to head Company was not given any liability the appellant herein. But he admits against the driver of the vehicle i charge sheet was filed against the driver appellant Insurance company was tied up. appellant submits that the accident on collision. The 9*'^ respondent Insurance to pay the compensation along with that there was no charge sheet insured with the 9'^ respondent. The of the vehicle with which the 4. On the other hand, the Tribunal did not take into consideration “loss of consortium” for the claimants respondents counsel submits that the loss of future prospects” and the to grant. Only Rs.10,000/- was petitioner/ first claimant of estate was also not considered expenses was also granted at lower sum. In view awarded towards loss of consortium to the first therein. He further submits that the loss by the Tribunal. Funeral of the same, the total claimants, if the judgments of the Hon’ble compensation is not a just compensation for the Supreme Court reported in Sarala Verma’s and Pranay Sethi’s case case are taken into consideration. 5. In view of the above said facts and ci upon considering the rival submissions made and record, it is to be seen that the i circumstances of the case, upon perusal of the income of the deceased was fixed at the 4 HBKMJ & HAHHS.J M.A.C.M.A.No.3041 of 2014 rate of Rs.30,000/- per month which shall be confirmed as inclusive of the future prospects. But insofar as the loss of consortium is concerned, this Court feels that the Tribunal did not arrive at just conclusion by calculating the same. Accordingly, for the six (6) claimants Rs.40,000/- each, i.e., the parents, wife and children of the deceased, is taken into consideration and accordingly in addition to Rs.10,000/- granted, Rs.2,30,000/- towards loss of consortium for all the claimants is added. Since we have considered the payment of compensation towards loss of consortium, the awarded amount of Rs.50,000/- towards loss of love and affection is deleted. For the funeral expenses, we have added Rs.10,000/- the Tribunal awarded only Rs.5,000/- for the same. Since there loss of estate awarded, we have awarded the same at the rate of In total, we have added Rs.2,05,000/- towards just compensation for the award of the compensation granted by the Tribunal below i.e., Rs.41,15,000/-. Though there is no cross appeal, in view of the settled legal position to arrive at a just compensation this more as was no Rs.15,000/-. exercise is made in this appeal. Accordingly, the respondents/claimants are awarded compensation of Rs.43,20,000/- and the other conditions fixed by the Tribunal are not interfered with. The respondents/claimants are entitled to receive the total compensation amount as per the apportionment made by the Tribunal below in the same ratio. The difference of Court Fee shall 5 mi HBKM,J & HAHHSJ M.A.C.M.A.No.3041 of 2014 y be paid by the claimants before the Tribunal below to the account of the above said M.V.O.P. within a period of four (04) weeks from the date of receipt of copy of this judgment. On payment of the same, the claimants are entitled to withdraw the compensation amount as directed . 6. 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, The Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, at Kadapa, Kadapa District, (with records if any) One CC to Sri Gudi Srinivasu, Advocate [OPUC] One CC to Sri D Kodanda Rami Reddy, Advocate [OPUC] One CC to Smt S Pranathi, Advocate [OPUC] The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) Three CD Copies 1. 2. 3. 4. 5. 6. TK sree HIGH COURT DATED:28/04/2025 JUDGMENT + DECREE MACMA.No.3041 of 2014 5 19 JUN 2125 m Co DISPOSING OF THE MAGMA WITHOUT COSTS