APHC010058082021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE 7th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 251/2021 Between: The Oriental Insurance Company Limited, ...APPELLANT AND Venigalla Venkateswara Rao and Others ...RESPONDENT(S) Counsel for the Appellant: 1. A JAYANTHI Counsel for the Respondent(S): 1. The Court made the following: 2 The Court made the following judgment: The present appeal is preferred by the Oriental Insurance Company Limited questioning the quantum of compensation awarded by the Tribunal vide order dated 27.08.2019 in MVOP No.244 of 2018 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-X Additional District and Special Sessions Judge, Krishna at Machilipatnam. 2. For the sake of convenience, the parties are referred to as they were referred before the Tribunal. 3. The petitioners are sons and daughter of the deceased, Venigalla Bushaiah, who died in the accident that occurred on 11.02.2018, in which the offending auto bearing registration No.AP 27TW 3674 was involved. 4. The petitioners filed claim petition seeking to pay compensation of Rs.5,00,000/- on account of death of their father against the driver-cum-owner and the appellant Insurance Company. The Tribunal after threadbare enquiry, partly allowed the claim petition by awarding an amount of Rs.2,82,000/- (Rupees two lakhs eighty two thousand only), together with interest @ 7.5% per annum from the date of petition till the date of realization. Aggrieved by the same, the present appeal is preferred. 3 5. Learned counsel for the appellant strenuously contends that, while awarding compensation, the Tribunal did not adhere to the procedure/guidelines enunciated by the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and others 1 . He would further submit that the Tribunal had erred in awarding an amount of Rs.25,000/- towards funeral expenses and further amount of Rs.1,50,000/- towards loss of love and affection, inasmuch as the same is not in tune with the guidelines issued by the Hon’ble Apex Court in the above referred judgment. 6. Coming to the quantum of compensation awarded by the Tribunal is concerned, while computing the compensation, the Tribunal had taken the income of the deceased as Rs.100/- per day, taking into consideration the age of the deceased. Though the learned counsel for the appellant would submit that the same is excessive, this Court does not find any force in the said contention of the appellant, inasmuch as the accident took place in the year 2018 and the Tribunal had taken the income of the deceased as Rs.100/- per day and accordingly, awarded an amount of Rs.2,82,000/- under various conventional heads. More or less, the petitioners/claimants are entitled to receive the same amount as 1 2017 ACJ 2700 4 awarded by the Tribunal. In such circumstances, this Court does not wish to interfere with the order passed by the Tribunal. 7. Accordingly, the appeal is dismissed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt.07.08.2026 JLV 5 66 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR MACMA.No.251 OF 2021 Date: 07.08.2026 JLV