m APHC010093282016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA motor ACCtDENT CIVIL MISCELLANEOUS APPEAl Mns.1446 of ?fl1R AND 1695 of 201 fi jyiPTOR ACCIDENT CIVIL MISCELLANEOUS APPEAl Mn i AAR of 2016 Between: Reliance General Insurance Company Limited, Rep by its Legal Officer. Eswar paradise, S'"* 403, floor, Dwarakanagar, road, Visakhapatnam (Insurer of motor cycle bearing No. AP 28 DP 3751 Policy No. 18001422312005960 valid from 02-07-2012 mam to 01-07-2013) ...APPELLANT/RESPONDENT N0.2 AND 1. Nevali Raja Rajeswari, W/o Venkateswara Hindu, House maker, R/o.Flat No. 302 Road, Guntur. 2. Nevali Krishna Prasad, S/o Venkateswara Hindu, Student, R/o.Flat No. 302, M.P Residency Guntur. Reddy, Aged 46 years, M.P Residency, J.K.C. College Reddy, Aged 25 years _, J.K.C. College Road 3. Nevali Venkateswara Reddy, S/o Rama Swamy Reddy, Aged 56 Hindu, Employee, R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur. years ...RESPONDENTS/CLAIM PETITIONERS 4. Karuna Yatam, S/o Mallikarjuna Rao, aged 27 years. Employee, R/o Flat No. 506, Lakshmi Nivas, Kondapur, Hyderabad. ...RESPONDENT/RESPONDENT N0.1 Appeal filed under Section 173 of M.V. Act, aggrieved by the Judgment and Decree dated 16-03-2015 made in M.V.O.P.No.1671 of 2012, on the file of Court of. Motor Accidents Claims Tribunal-cum- XII Additional District Judge-cum- Family Court, Guntur, Guntur District. 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 V K Naidu, Advocate for the Appellant and of Sri Siva Prasad Katakamsetty, Advocate for Respondent Nos.1 to 3 and none appeared for Respondent No.4. lyjOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.1695 of 2015 Between: 1. Nevali Raja Rajeswari, W/o Venkateswara Reddy, Aged 47 R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur, Guntur District. years 2. Nevali Krishna Prasad, S/o Venkateswara Reddy, Aged 25 years, R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur, Guntur District. 3. Nevali Venkateswara Reddy, S/o Rama Swamy Reddy, Aged 56 years, R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur, Guntur District. ...APPELLANTS/ PETITIONERS 4r AND 1. Karuna Yatham, S/o Mallikharjuna Rao, aged 27 years, R/o Flat No. 506, Lakshmi Nivas, Kondapur, Hyderabad-84. (Owner of the Motor Cycle (Yamaha) Bearing No.AP28DP3751) 2. Reliance General Insurance Company Limited, Rep by its Legal Officer, 403 Eswar Paradise, 3'"^ floor, Dwarakanagar Main Road, Visakhapatnam (Insurer of Motor Cycle bearing No. AP 28 DP 3751) ...RESPONDENTS/RESPONDENTS Appeal filed under Section 173 of M.V. Act, aggrieved by the Order and Decree dated 16-03-2015 made in M.V.O.P.No.1671 of 2012, as amended in I.A.No.838 of 2015, dated 30.06.2015, on the file of Court of the Judge, Family Court -cum- XII Additional District Judge, Guntur, Guntur District. 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 Siva Prasad Katakamsetty, Advocate for the Appellants and None Appeared for Respondents. This Court doth Order and decree as follows: 1. That the appeals be and are hereby disposed of; 2. That the amount of compensation awarded by the Tribunal be and is hereby modified below as follows: Loss of dependency Loss of consortium Loss of estate Funeral expenses Total Rs.62,37,000/- Rs. 80,000/- added Rs. 15,000/- Rs. 15,000/- Rs. 63,47,000 /- 3. That insofar as the deductions of Rs. 12,30,000/- is concerned by the Tribunal be and is hereby set-aside and there shall not be any / - / deductions from the above said total Court. 4. That the appellant/insurance I the difference of amount within of receipt of this order. compensation awarded by this company be and is hereby directed to pay a period of six (06) weeks from the date 5. That on such deposit by the appellant/insurance respondents/claimants be are hereby entitled to withdraw the Without furnishing any security in proportionality as determined by the Tribunal below. 6. That there be Company, the same no order as to costs in these appeals. SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Chairman, Motor Accidents Claims Tribunal District Judge-cum- Family Court, Guntur, Guntur District. 2. Two CD Copies -cum- XII Additional TK TAC V HIGH COURT DATED:21/07/2025 COMMON DECREE MACMA No.1446 of 2016 & 1695 of 2015 DISPOSING OF THE MACMAs’ APHC010093282016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 02^ MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA jyiOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL Nos.1446 of 2016 AND 1695 of 201 fi jyiOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.1446 of 2016 Appeal filed under Section 173 of M.V. Act aggrieved by the Judgment and Decree dated 16-03-2015 made in M.V.O.P.No.1671 of 2012, on the file of Court of. Motor Accidents Claims Tribunal-cum- XII Additional District Judge-cum- Family Court, Guntur, Guntur District. Between: Reliance General Insurance Company Limited, Rep by its Legal Officer 403, Eswar paradise, 3'"'^ floor, Dwarakanagar, Visakhapatnam (Insurer of motor cycle bearing No. AP 28 DP 3751 Policy No. 18001422312005960 valid from 02-07-2012 to 01-07-2013) main road ...APPELLANT/RESPONDENT N0.2 /f AND 1. Nevali Raja Rajeswari, W/o Venkateswara Reddy, Aged 46 years, Hindu, House maker, R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur. : 2- ,Nevali Krishna Prasad, S/o Venkateswara Reddy, Aged 25 years, ( Hindu, Student, R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur. *8. Nevali Venkateswara Reddy, S/o Rama Swamy Reddy, Aged 56 years, Hindu, Employee, R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur. ...RESPONDENTS/CLAIM PETITIONERS 4. Karuna Yatam, S/o Mallikarjuna Rao, aged 27 years. Employee, R/o Flat No. 506, Lakshmi Nivas, Kondapur, Hyderabad. ...RESPONDENT/RESPONDENT N0.1 IA NO: 2 OF 2015fMACMAMP 4884 OF 2015) Petition under Section 151 of 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 in M.V.O.P.No.1671 of 2012, on the file of Court of. Motor Accidents Claims Tribunal-cum- XII Additional District Judge-cum- Family Court, Guntur dated 16-03-2015. Counsel for the Appellant : SRI V K NAIDU Counsel for Respondent Nos.1 to 3: SRI SIVA PRASAD KATAKAMSETTY Counsel for Respondent No.4 : NONE APPEARED MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.1695 of 2015 Appeal filed under Section 173 of M.V. Act, aggrieved by the Order and Decree dated 16-03-2015 made in M.V.O.P.No.1671 of 2012, as amended in I.A.No.838of2015, dated 30.06.2015, on the file of Court of the Judge, Family Court -cum- XII Additional District Judge, Guntur, Guntur District. Between: 1. Nevali Raja Rajeswari, W/o Venkateswara Reddy, Aged 47 years, R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur, Guntur District. 2. Nevali Krishna Prasad, S/o Venkateswara Reddy, Aged 25 R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur, Guntur District. 3. Nevali Venkateswara Reddy, S/o Rama Swamy Reddy, Aged 56 years, R/o.Flat No. 302, M.P Residency, J.K.C. College Road, Guntur, Guntur District. years. ...APPELLANTS/ PETITIONERS AND 1. Karuna Yatham, S/o Mallikharjuna Rao, aged 27 years, R/o Flat No. 506, Lakshmi Nivas, Kondapur, Flyderabad-84. (Owner of the Motor Cycle (Yamaha) Bearing No.AP28DP3751) 2. Reliance General Insurance Company Limited, Rep by its Legal Officer, 403 Eswar Paradise, 3^^ floor, Dwarakanagar Main Road Visakhapatnam (insurer of Motor Cycle bearing No. AP 28 DP 3751) ...RESPONDENTS/RESPONDENTS Counsel for the Appellants : SRI SIVA PRASAD KATAKAMSETTY Counsel for Respondents The Court made the following COMMON JUDGMENT : : NONE APPEARED & APHC010093282016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] MONDAY,THE TWENTY FIRST 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: 1446/2016 & 1695/2015 MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1446/2016 Between; 1.RELIANCE GENERAL INS CO LTD, VISAKHAPATNAM, REP BY ITS LEGAL OFFICER,403, ESWAR PARADISE, 3RD FLOOR, DWARAKANAGAR ,MAIN ROAD, VISAKHAPATNAM (INSURER OF MOTOR CYCLE BEARING NO. AP 28 DP 3751 POLICY NO. AP 28 DP 3751 POLICY NO. 18001422312005960 VALID FROM 02-07-2012 TO 01-07-2013) ...APPELLANT AND 1.NEVALI RAJA RAJESWARI GUNTUR 3 OTHERS, W/0 VENKATESWARA REDDY AGED 46 YEARS, HINDU, HOUSE MAKER, 2.NEVALI KRISHNA PRASAD, S/0 VENKATESWARA REDDY AGED 25 YEARS, HINDU, STUDENT 3.NEVALI VENKATESWARA REDDY, S/0 RAMA SWAMY REDDY AGED 56 YEARS, HINDU, EMPLOYEE ALL ARE RESIDENT OF FLAT NO. 302, M.P RESIDENCY, J.K.C. COLLEGE ROAD, GUNTUR. 4.KARUNA YATAM, S/0 MALLIKARJUNA RAO, AGED 27 YEARS, EMPLOYEE, R/0 FLAT NO. 506, LAKSHMI NIVAS, KONDAPUR, HYDERABAD 2 BKM,J & AHh.. M.A.C.M.A.NOS.1695 OF 20& & 1446 OF 2016 ...RESPONDENT(S): praying thet the Highcourt may be pleased toaggrieved by the Judgment and Decree in so far as in went against to the appellants as made in M.V.O.P.No. 1671 of 2012, on the file of. Court of, Motor Accidents Claims Tribunal-cum-Cum- XII Additional District Judge- cum- Family court,Guntur dated 16-03-2015, lA NO: 1 OF 2015fMACMAMP 4782 OF 2015 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 condone the delay of 26 days in filing the present appeal and lA NO: 2 OF 2015fMACMAMP 4884 OF 2015 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 in M.V.O.P.No.1671 of 2012, on the file of Court of Motor Accidents Claims Tribunal-cum-Cum- XII Additional District Judge- Family court,Guntur dated 16-03-2015. lA NO: 1 OF 2016fMACMAMP 536 OF 2016 Appeal filed under Order 41 of CPC pass com 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 permit the petitioners to withdraw the amount deposited in MVOP No.1671/2012 on the file of the court of the Judge, Family Court cum XII Addl.District Judge, Guntur passed in MACMAMP No.4884/2015 in MACMASR No.34468/2015 pending disposal of the MACMA Counsel for the Appellant: 1.VKNAIDU Counsel for the Respondent(S): 1.VRAVULA 2. SIVA PRASAD KATAKAMSETTY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: Between: 3 % BKMJ &AHHS,J M.A.C.M.A.NOS.1695 OF 2015 & 1446 OF 2016 1.NEVALI RAJA RAJESWARl AND 2 OTHERS, W/0. VENKATESWARA REDDY R/0. FLAT NO. 302,MP RESIDENCY, UKC COLLEGE ROAD, GUNTUR, GUNTUR DISTRICT. 2.NEVALI KRISHNA PRASAD,, S/0. VENKATESWARA REDDY R/0. FLAT NO. 302,MP RESIDENCY, JKC COLLEGE ROAD, GUNTUR, GUNTUR DISTRICT. 3.NEVALI VENKATESWARA REDDY,, S/0. RAM SWAMY REDDY R/0. FLAT NO. 302,MP RESIDENCY, JKC COLLEGE ROAD, GUNTUR, GUNTUR DISTRICT. ...APPELLANT(S) AND 1.KARUNA YATHAM ANOTHER, S/0. MALLIKHARJUNA RAO R/0. FLAT NO. 506, LAKSHMINIVAS, KONDAPUR, HYDERABAD-84 (OWNER OF THE MOTOR CYBLE (YAMAHA) BEARING NO. AP 28 DP 3751) 2.RELIANCE GENERAL INSURANCE COMPANY LIMITED, REP. BY ITS LEGAL OFFICER, 403 ESWAR PARADISE, 3RD FLOOR, DWARAKANAGAR MAIN ROAD, VISAKHAPATNAM. ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toaggrieved by the order in MVOP No. 1671 of 2012, dated 16-3- 2015 as amended in lA No. 838 of 2015, dated 30-6-2015, on the file of the Court of the Judge, Family Court-Cum-XII Addl. District Judge, Guntur, Guntur District. Counsel for the Appellant(S): I.SIVA PRASAD KATAKAMSETTY Counsel for the Respondent(S): 1. 2.VKNAIDU The Court made the following: 4 m BKM,J & AHHS,J M.A.C.M.A.NOS.1695 OF 2015 & 1446 OF 2016 COMMON JUDGMENT-JPer Hnn’hiR Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned counsel for the respondents/claimants. 2. Both the appeals arise against the order in M.V.O.P.No.1671 of 2012 on the file of Motor Accidents Claims Tribunal-cum-XII Additional District Judge- cum-Family Court, Guntur District, dated 16.03.2015, wherein the compensation amount of Rs.62,67,000/- was awarded by the Tribunal and by deducting some amount of Rs.12,30,000/- along with other directions. 3. The Insurance Company filed the above said appeal aggrieved by the order in the above said M.V.O.P. Similarly, the claimants preferred the other appeal against the order passed by the Tribunal in the above said M.V.O.P. The claimants filed above said appeal for compensation Rs.80,00,000/- for the death of Nevali Krishna Chaitanya, on account of accident involving a motor cycle No.AP 28 DP 3751. The claimant Nos. 1 & 3 are the parents of the deceased and the 2'^'^ petitioner is the younger brother of the deceased. The accident occurred on 23.09.2012 at about 1:10 A.M when the deceased was travelling as a pillion rider of the above said motor vehicle. The Tribunal relying upon the salary particulars given by the company of the petitioner marked as Ex.A5 and other IT returns of the deceased filed by the claimants came to a conclusion that the deceased was having an annual income of Rs.6,60,000/-,p.a., for which, 50% future prospects were added, thereafter, 30% was deducted towards income tax and half of the amount was amount of BKM,J & AHKW M.A.C.IVI.A.NOS.1695 OF Zolo & 1446 OF 2016 deducted towards living expenses for the deceased and for the balance amount by applying multiplier 18, the loss of dependency was determined as Rs.62,37,000/-, for which the funeral expenses of Rs.25,000/- and loss of estate of Rs.5,000/- were added and the total compensation amount comes to Rs. 62,67.000/-. For which, Rs.12,30,000/- was deducted as parents of the deceased got other compensation paid by the office of the deceased on the specific contract entered with the insurance company. 4. The learned counsel for the appellants submits that the IT returns for the deceased of the year 2011-12 shows gross salary of Rs.4,08,560/-. The computation for the assessment year 2012-13 shows the total income of Rs.5,55,500/-. He further submits that the Tribunal determined the salary of the deceased more than the income furnished in the above said IT returns. 5. On the other hand, the learned counsel appearing for the respondents/claimants submits that the evidence of PW-4 is so clear with respect to the pay slip of the deceased from June, 2010 to January, 2013 which was marked as Ex.P5. He also further points out that the Tribunal has deducted other amounts received by the dependents of the deceased under the different head which is nothing to do with the present appellants/ Insurance company and deducting of Rs.12,30,000/- is unjustified and not legal. 6. In view of the above said facts and circumstances and upon perusal of the order passed by the Tribunal below, it is to be seen that the Ex.P5 and 6 (% BKM,J&AHHS,J M.A.C.M.A.NOS.1695 OF 2015 & 1446 OF 2016 other IT returns marked in the above said M.V.O.P. are clinching and pointing out towards the salary of the deceased under Ex.P5 as Rs.6,60,000/- p.a. Hence, the calculations made by the Tribunal as observed above is correct and we are not going to interfere with the said income calculations of the deceased and loss of dependency arrived at by the Tribunal. However, insofar as the funeral expenses are concerned, we make it as Rs.15,000/- instead of Rs.25,000/- and towards loss of estate, we make it as Rs.15,000/- instead of Rs.5,000/-and the Tribunal did not grant loss of consortium. However, we are inclined to grant some amount towards loss of consortium to the parents of the deceased a sum of Rs.80,000/- (each, ordering Rs.40,000/-). Accordingly, the amount of compensation awarded by us modifying the 7. order of the Tribunal below as follows: Rs.62,37,000/- Loss of dependency Rs. 80,000/- added Loss of consortium Rs. 15,000/- Loss of estate Rs. 15,000/- Funeral expenses Rs. 63,47,000 /- Total Insofar as the deductions of Rs.12,30,000/- is concerned by the 8. Tribunal is set-aside and there shall not be any deductions from the above said total compensation awarded by this Court. Accordingly, the difference of amount shall be paid by the appellant/lnsurance company within a period of 7 BKM,J & AHK^ IVI.A.C.M.A.NOS.1695 OF 20^ & 1446 OF 2016 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 in proportionality as determined by the Tribunal below. 9. 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 closed. SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Chairman, Motor Accidents Claims Tribunal-cum- XII Additional District Judge-cum- Family Court, Guntur, records If any) 2. Cne CC to Sri V K Naidu, Advocate [CPUC] 3. Cne CC to Sri Siva Prasad Katakamsetty, Advocate [CPUC] 4. The Section Cfficer, VR Section. High Court of Andhra Amaravathi. (to dispatch the trial court records) 5. Two CD Copies Guntur District, (with Pradesh at TK TAC HIGH COURT DATED:21/07/2025 COMMON JUDGMENT + DECREE MACMA No.1446 of 2016 & 1695 of 2015 1 0 OCT 2025 m /70 irar mii: no o» DISPOSING OF THE MACMAs’