APHC010083082012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3605] FRIDAY, THE 14th DAY OF AUGUST, 2026 PRESENT THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1635/2012 Between: 1. NEW INDIA ASSURANCE COMPANY LTD., HUBLI., REP. BY ITS MANAGER, SRINATH COMPLEX, 2ND FLOOR, NEW COTTON MARKET, HUBLI - 580 029 ...APPELLANT AND 1. SMT LAKSHMI KANTHAMMA CHITTOOR DIST 2 ANO, W/O. LATE S.KRISHNA REDDY DEPENDENT R/O. AKANAMBATTU VILLAGE AND POST PUTHALPATTU MANDAL, CHITTOOR DISTRICT. 2. S RAMESH REDDY, S/O. LATE S.KRISHNA REDDY DEPENDENT R/O. AKANAMBATTU VILLAGE AND POST PUTHALPATTU MANDAL, CHITTOOR DISTRICT. 3. M/S VIJAYANADA ROAD LINES HYDERABAD, REP. BY ITS MANAGER ANAND V.SHANKESWAR, H.NO. 1-10-125/A, ASHOK NAGAR, HYDERABAD. ...RESPONDENT(S): Counsel for the Appellant: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. G VENKATA REDDY 2 THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1635 of 2012 The Court made the following JUDGMENT: 1. This appeal is filed by the Insurance Company against the Award passed by the District Judge-cum-Chairman, MACT, Chittoor, dated 15.09.2008 in MVOP No.6 of 2006, assailing the age of the deceased. 2. The learned counsel for the Appellant submits that he is confining his contentions to the age of the deceased and consequently on the quantum of compensation. According to the Appellant, the deceased was 59 years old on the date of the accident but the Tribunal relied on the postmortem report to arrive the age of the deceased as 49 years and prayed to modify the Award. 3. The learned counsel for the Claimants submits that the Tribunal rightly arrived the age of the deceased by relying upon the Postmortem and Inquest reports. I BRIEF FACTS: 4. The case of the Claimants is that on 16.07.2005, S. Krishna Reddy/deceased and others, were proceeding by walk. The driver of offending parcel vehicle/AP-9V-9153 drove in a rash and negligent manner and dashed the pedestrians. They sustained severe injuries and succumbed to the injuries on the spot. In this regard a Crime No. 82 of 2005 is registered by Puthalpattu Police Station under Section 304-A IPC. 3 II. ANALYSIS: 5. After conclusion of arguments, there is no dispute in respect of road accident, negligent driving of the Driver of parcel vehicle/AP-9V-9153, death of S. Krishna Reddy and insuring the Vehicle with the 2nd Respondent. 6. The material on record reveals the Tribunal relied on the Postmortem and Inquest Reports/Ex.A.2 and A.3 and recorded the age of the deceased age as 49 years. The Tribunal awarded compensation of Rs.3,42,000/-, which is not in dispute. 7. For a query posed by the Court, the learned counsel for the Appellant fairly submitted that the deceased was a cattle rearer and in their Counter he did not plead his age was 59 years. 8. The Hon’ble Constitution Bench of Hon’ble Supreme Court of India in “National Insurance Company v. Pranay Sethi1held that, the Loss of Estate, Loss of Consortium and Funeral Expenses should be Rs.15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The aforesaid amounts should be enhanced at the rate of 10% every three years. The wife is entitled to Consortium. 9. The Hon’ble Supreme court of India in United India Insurance Company Limited Vs. Satinder Kaur and others2, held that the children are also entitled to consortium. 1 2017 ACJ 2700 2 (2020) SCC Online 410 4 10. Thus, the two Claimants/wife and son are entitled to Rs.48,000/- each towards Loss of Consortium, total of Rs.96,000/- for Consortium; Rs.18,000/- towards Loss of Estate and Rs.18,000/- towards Funeral expenses awarded to the wife, duly enhancing 10% for every three years for the three heads. 11. The compensation awarded by the Tribunal under different heads and the amounts enhanced by this Court, are as follows: S.No Head of the claim Compensation awarded by the Tribunal (Rs.) Compensation enhanced by this Court (Rs.) Remarks 1. Loss of Dependency 3,12,000/- 3,12,000/- Maintained that of the Tribunal 2. Loss of Consortium 15,000/- 96,000/- Rs.48,000/- each for the two Petitioners as per Pranay Sethi and Satinder Kaur cases 3. Funeral expenses Not awarded 18,000/- As per Pranay Sethi case 4. Loss of Estate 15,000/- 18,000/- As per Pranay Sethi case Total 3,42,000/- 4,44,000/- 12. Thus, the Claimants are entitled to Rs.4,44,000/-, but the claim is filed for Rs.3,50,000/-, thus the Court Fee to be paid for the compensation awarded over and above the claim of Rs.3,50,000/-. The compensation of Rs.4,44,000/- shall be apportioned in the same ratio of apportionment as ordered by the Tribunal for Rs.3,42,000/- between the Claimants. The interest of 9% pa ordered by the Tribunal is modified to 7.5% considering the year of the accident and the circumstances. 5 13. Thus, the Award of the Tribunal is enhanced on quantum of compensation to the extent as indicated above table. III. CONCLUSION: 14. In the result, the Motor Accident Civil Miscellaneous Appeal is dismissed with costs of Rs.10,000/- payable to the Claimants in the circumstances of the case, while enhancing the compensation from Rs.3,42,000/- to Rs.4,44,000/- as stated in the Table with interest at 7.5% p.a from the date of filing of the Petition till the date of realization subject to payment of additional Court Fee by the Claimants within 30 days from the date of receipt of this Judgment. The compensation amount shall be apportioned among the Claimants in the same manner and ratio as ordered by the Tribunal. Miscellaneous applications pending, if any, shall also stand closed. _________________________ JUSTICE ALAPATI GIRIDHAR Dated 14.08.2026 JKS 6 THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR M.A.C.M.A.No.1635 of 2012 14.08.2026 JKS