■ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NOS: 2014 AND 224 OF 2nifi 3870 OF MACMA NO:3870 OF 2014- Appeal filed under Section 173 of the Motor Vehicles Act, Order, dated 28-03-2014 passed in MVOP No.98 of 2012 against the on the file of the Motor Accidents Claims Tribunal-cum-Family Court-Cum-VI Additional District Judge, Kadapa, YSR Kadapa District. Between: 1. Smt. Sudha Rajeswari, W/o.Late Sudha Venkateswara Reddy, aged about 37 years, Occ;Housewife, R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. 2. Sudha Manisha, D/o.Late Sudha Venkateswara Reddy, aged about 14 years, Occ;Student, R/o.Bayanapalle Village, Kamalapuram Kadapa District. Mandal, 3. Sudha Vamsidhara Reddy, S/o.Late Sudha Venkateswara about 12 years, Occ.Student, R/o.Bayanapalle Village Mandal, Kadapa District. Reddy, aged Kamalapuram 4. Sudha Sowbhagyamma, W/o.Late Venkata Subba Reddy, aged about 60 years, Occ.Housewife, R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. (Petitioners 2 and 3 are minors, rep. by their mother and natural Guardian i.e. 1®* petitioner) ...Appellants/Petitioners AND 1. K.Subbaiah, S/o.Chinna Polaiah, aged about Major Owner of the Tipper Bearing No.AP 26 Y 0615, R/o.D.No.87/1356-1, Kagithalapenta, Kadapa City. 2. Shriram General Insurance Company Limited, Rep. by its Manager, O/o.D.No.4-15-19/2, Amaravathi Road, Near Ala Hospital, Guntur City and District. ...Respondents/Respondents Counsel for the Appellants :Sri D.Kodandarami Reddy Counsel for the Respondent No.1: - Counsel for the Respondent No.2:Sri V.Roopesh Kumar Reddy MACMA NO:224 OF 2016: Appeal filed under Section 173 of the Motor Vehicles Act, praying that the High Court may be pleased to set aside the Order and Decree dated 28-03-2014 passed in OP No.98 of 2012 on the file of the Motor Accidents Claims Tribunal-cum-Family Court-Cum-VI Additional Kadapa, YSR Kadapa District. District Judge, Between: Shri Ram General Insurance Company Limited., Represented by Manager, D.No.4-15-19/2, Amaravathi Road, Near Ala Hospital, Guntur City (Policy No.417006/31/12/0020004, Valid from 09-08-2011 2012) its to 08-08- ...Appellant/Respondent No.2 AND 1. Sudha Rajeshwari, W/o.Late Sudha Venkateswara years, Occ:Housewife, R/o.Bayanapalle Village, Kamalapuram Mandal Kadapa District. Reddy, aged 37 2. Sudha Manisha, D/o.Late Sudha Venkateswara Reddy, aged 14 years, Hindu, Minor, R/o.Bayanapalle Village, Kamalapuram Mandal District. Kadapa 3. Sudha Vamsidhara Reddy, S/o.Late Sudha Venkateswara Reddy, aged 12 years, Hindu, Minor, R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. 4. Sudha Sowbhagyamma, W/o.Late Venkata Subba years, Hindu, Housewife, R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. (Respondent No.2 & 3 Reddy, aged 60 are minors, represented their next friend as natural Guardian mother, who is the 1"* Respondent herein.) ...Petitioners in OP/Respondents 5. K.Subbaiah, S/o.Chinna Polaiah, Owner of the Tipper bearing No.AP-26-Y-0615, Kagithalapenta, Kadapa City. aged not known but. Major, Hindu, R/o.D.No.87/1356-1. ...Respondent/Respondent No.1 Counsel for the Appellant :Sri V.Roopesh Kumar Reddy Counsel for the Respondent Nos.1 to 4:Sri D.Kodandarami Reddy Counsel for the Respondent No.5; - The Court made the following: APHC010225132014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3537] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3870/2014 Between: Smt.sudha Rajeswari & 3 Ors and Others ...APPELLANT(S) AND K Subbaiah Anr and Others ...RESPONDENT(S) Counsel for the Appellant(S): 1.D KODANDARAMI REDDY Counsel for the Respondent(S): 1.MAHBOOB HUSSAIN 2.V ROOPESH KUMAR REDDY 2 HBKM,J& Dr.YLRJ M.A.C.M.A.Nos.3870 of 2014 & 224 of 2016 APHC010342322016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3537] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 224/2016 Between: Shri Ram Gen Ins Co Ltd., Guntur ...APPELLANT AND Sudha Rajeshwari Kadapa Dist 4 Others and Others ...RESPONDENT(S ) Counsel for the Appellant: 1.V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1.D KODANDARAMI REDDY The Court made the following: 3 HBKM,J&Dr. YLR,J M.A.C.M.A.Nos.3870 of 2014& 224 of 2016 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO M.A.C.M.A.Nos.3870 of 2014 and 224 of 2016 COMMON JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsels on both the sides. The appellants/claimants preferred M.A.C.M.A.No.3870 of 2014 against the order of the Motor Accidents Claims Tribunal-cum-Family Court-cum-VI Additional District Judge, Kadapa in M.V.O.P.No.98 of 2012, dated 28.03.2014 seeking enhancement of compensation. The second respondent in M.V.O.P.No.98 of 2012/ insurance company preferred M.A.C.M.A.No.224 of 2016 against the very same order of the Tribunal below in M.V.O.P.No.98 of 2012, dated 28.03.2014 questioning the award of compensation. 2. The learned counsel for the Insurance Company submits that the rate of interest awarded by the Tribunal below is excessive and it may be reduced to 6% p.a. and also, he questions the income of the deceased fixed by the Tribunal. Since the nature of the accident was such that as the vehicle involved in this case hit the stationed vehicle and as such the said vehicle insurance company and the driver of Tipper were not made HBKM,J&Dr. YLR,J M.A.C.M.A.Nos.3870 of 2014& 224 of 2016 parties in the above said M.V.O.P. and as such he takes plea of non joinder of the necessary parties. 3. On the other hand, the learned counsel appearing for the claimants submits that the Tribunal erroneously did not include the relevant Heads of Compensation though they are entitled as per law. Having considered the rival submissions made, in view of the above said facts and circumstances and upon consideration of the decisions of the Hon’ble Supreme Court, specifically the case of Sarala Verma and Pranay Sethi’s case this Court modifies the awarded compensation as under: 4. 5. We are not interfering with the income of the deceased arrived at Rs.2,00,000/- per annum by the Tribunal. Considering the same for the loss of dependency after deducting his personal expenses, we award Rs.22,50,000/- (Rs. 1,50,000/- x 15). Similarly, for the loss of consortium Rs. 1,60,000/- (Rs.40,000/- to each petitioner), for the loss of estate Rs. 15,000/-, for transportation Rs.3,000/- are awarded. But, towards funeral expenses, it is increased from Rs.3,000/- to Rs.25,000/-. the deceased was at the age of 35 years at the timeof accident consider to grant Rs.45,000/- towards loss of future Since , we prospectus by applying the multiplier of 15 taking into consideration of 30% out of the 5 HBKM,J&Dr. YLR,J M.A.C.M.A.Nos.3870 of 2014& 224 of 2016 income of the deceased. Accordingly, the total sum of Rs.24,98,000/- is awarded with interest at the rate of 7.5% p.a., from the date of petition till the date of realization and the already deposited amount shall be taken into consideration while disbursing the total amount of compensation. The claimants are at liberty to withdraw the same without furnishing any security as per the ratio fixed by the tribunal. 6. 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/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// IT SECTION OFFICER 1. The Chairman, Motor Accidents Claims Tribunal-cum-Family Court- Cum-VI Additional District Judge, Kadapa, YSR Kadapa District. (With records) 2. One CC to Sri D.Kodandarami Reddy, Advocate [OPUC] 3. One CC to Sri V.Roopesh Kumar Reddy, Advocate [OPUC] 4. The Section Officer, V.R. Section, High Court of A.P at Amaravati. 5. Three CD Copies To, BSV sree HIGH COURT DATED;05/05/2025 COMMON JUDGMENT AND DECREE MACMA.Nos.3870 of 2014 and 224 of 2016 DISPOSING OF THE MACMAS WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE AMARAV PRESENT THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO motor ACCIDENT CIVIL MISCELLANEOUS APPEAL NO- Between: 224 OF 2016 Shri Ram Gen Insurance Company Limited. Manager, D.No.4-15-19/2. Amaravath Road, Near Ala Hospital, Guntur City (Policy No.417006/31/12/0020004, Valid from 09-08-2011 2012) Represented by its to 08-08- ...Appellant/Respondent No.2 AND Sudha Rajeshwari, W/o.Late Sudha Venkateswara Reddy, aged 37 years, Occ:Housewife, R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. 1. 2. Sudha Manisha, D/o.Late Sudha Venkateswara Reddy, aged 14 years, Hindu, Minor, R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. 3. Sudha Vamsidhara Reddy, S/o.Late Sudha Venkateswara Reddy, aged 12 years, Hindu, Minor, R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. r 4. Sudha Sowbhagyamma, W/o.Late Venkata Subba Reddy, aged 60 years, Hindu, Housewife, R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. (Respondent No.2 & 3 are minors, represented their next friend as natural Guardian mother, who is the 1®* Respondent herein.) ...Petitioners in OP/Respondents K.Subbaiah, S/o.Chinna Polaiah, aged not known but. Major, Hindu, Owner of the Tipper bearing No.AP-26-Y-0615, R/o.D.No.87/1356-1, Kagithalapenta, Kadapa City. 5. ...Respondent/Respondent No.1 Appeal under Section 173 of the Motor Vehicles Act, praying that the High Court may be pleased to set aside the Order and Decree dated 2014 passed in OP No.98 of 2012 on the file of the Motor Accidents Claims Tribunal-cum-Family Court-Cum-VI Additional District Judge, Kadapa Kadapa District. 28-03- YSR This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Trial Court and material papers in the petition and upon hearing arguments of Sri V.Roopesh Kumar Reddy, Advocate for Appellant, and of Sri D.Kodanda Rami Reddy, Respondent Nos.1 to 4 and none appeared for Respondent No.5 THIS COURT DOTH ORDER AND DECREE: 1. That the appeal be and the same is hereby disposed of; 2. That the total sum of Rs.24,98,000/- be and is hereby awarded with per annum from the date of petition till the Advocate for interest at the rate of 7.5% date of realization; 3. That already deposited amount shall disbursing the total amount of be taken into consideration while compensation; 4. That the claimants be and are hereby at liberty to withdraw the without furnishing any security, as per the ratio fixed by the Tribunal; same and 5. That there be no order as to costs in this appeal. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Chairman, Motor Accidents Claims Tribunal-cum-Family Court- Cum-VI Additional District Judge, Kadapa, YSR Kadapa District. 2. Three CD Copies To, BSV sree f HIGH COURT DATED:05/05/2025 DECREE MACMA.No.224 of 2016 DISPOSING OF THE MACMA WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE a?:* /o 'ip %o PRESENT the honourable SRI JUSTICE B.KRISHNA MOHAN AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO motor ACCIDENT CIVIL MISCELLANFOI is APPEAI NO- 3870 OF 2014 Between; 1. Smt. Sudha Rajeswari, W/o.Late Sudha Venkateswara about 37 years, Occ:Housewife. R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. 2. Sudha Manisha, D/o.Late Sudha Venkateswara Reddy, aged about 14 years, Occ;Student, R/o.Bayanapalle Village, Kamalapuram Kadapa District. Reddy, aged Mandal, 3. Sudha Vamsidhara Reddy, S/o.Late Sudha Venkateswara Reddy, aged about 12 years, Occ.Student, R/o.Bayanapalle Village, Kamalapuram Mandal, Kadapa District. 4. Sudha Sowbhagyamma, W/o.Late Venkata Subba 60 years, Occ.Housewife, Mandal, Kadapa District. (Petitioners 2 and 3 Guardian i.e. 1^* petitioner) Reddy, aged about R/o.Bayanapalle Village, Kamalapuram are minors, rep. by their mother and natural ...Appellants/Petitioners AND 1. K.Subbaiah, S/o.Chinna Polaiah, aged about Major, Owner of the Tipper Bearing No.AP 26 Y 0615, R/o.D.No.87/1356-1, Kagithalapenta, Kadapa City. 2. Shriram General Insurance Company Limited, Rep. by its Manager, O/o.D.No.4-15-19/2, Amaravathi Road. Near Ala Hospital. Guntur City and District. ...Respondents/Respondents Appeal under Section 173 of the Motor Vehicles Act, against the Order, dated 28-03-2014 passed in MVOP No.98 of 2012 on the file of the Motor Accidents Claims Tribunal-cum-Family Court-Cum-VI Additional District Judge, Kadapa, YSR Kadapa District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Trial Court and material papers in the petition and upon hearing arguments of Sri D.Kodanda Rami Reddy, Advocate for Appellants, and of Sri V.Roopesh Kumar Reddy, Advocate for Respondent No.2 and none appeared for Respondent No.1 THIS COURT DOTH ORDER AND DECREE: 1. That the appeal be and the same is hereby disposed of; 2. That the total sum of Rs.24,98,000/- be and is hereby awarded with interest at the rate of 7.5% per annum from the date of petition till the date of realization: 3. That already deposited amount shall be taken into consideration while disbursing the total amount of compensation; 4. That the claimants be and are hereby at liberty to withdraw the same without furnishing any security, as per the ratio fixed by the Tribunal; and 5. That there be no order as to costs in this appeal. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// /C.SECTION OFFICER 1. The Chairman, Motor Accidents Claims Tribunal-cum-Family Court- Cum-VI Additional District Judge, Kadapa, YSR Kadapa District. 2. Three CD Copies To, BSV sree HIGH COURT DATED:05/05/2025 DECREE MACMA.No.3870 of 2014 DISPOSING OF THE MACMA WITHOUT COSTS