Telangana High Court
Fareeda Begum vs Mohd. Feroz Pasha on 1 December, 2025
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
M.A.C.M.A.No.434 of 2019
DATE: 01.12.2025
Between:
Fareeda Begum and four others
.....Appellants
AND
Mohd. Ferz Pasha and two others
....Respondents
JUDGMENT:
This appeal, under Section 173 of the Motor Vehicles Act, 1988 is filed by the appellants-claimants, challenging the order and decree dated 09-01-2019 passed in M.V.O.P.No.2213 of 2016 by the Chairman, Motor Accidents Claims Tribunal-cum-Chief Judge, City Civil Court, Hyderabad (hereinafter referred to as "the Tribunal"), whereby the Tribunal awarded a total compensation of Rs.11,00,600/- along with interest at 7.5% per annum in favour of the appellants-claimants i.e., wife, children and parents, as against the claim of Rs.20,00,000/- for the death of the deceased in a motor vehicle accident.
2
2. The brief facts of the case are that on 06.07.2016 at about 9:00 p.m., the deceased, Shaik Waseem Akram (aged 27 years), was driving his auto (TATA-Ace) bearing registration No.AP-29- CB-4019, from Hyderabad towards Kallakal Village of Toopran Mandal and when they reached the village limits of Kallakal on National Highway No.44, a goods-carriage van (DCM) bearing registration No. AP-10-W- 1976, being driven by its driver suddenly turned right to take a U- turn in front of Janatha Hotel, without giving any signal or taking caution, and collided with the auto. As a result of the collision, the deceased lost control of his auto and sustained fatal injuries. Immediately the deceased was shifted to Gandhi Hospital for treatment but succumbed to injuries the same night. The police registered a case vide Crime No.178 of 2016 at Toopran Police Station under Section 304-A IPC against the driver of the DCM van. Stating that prior to the accident the deceased was hale and healthy earning a sum of Rs.15,000/- per month, the appellants-claimants i.e., wife, two minor children (son and daughter), and parents of the deceased filed the aforesaid claim petition before the Tribunal, seeking compensation of Rs.20,00,000/- on account of the death of the deceased.
3. Before the Tribunal, respondent Nos.1 and 3 i.e., owner and driver of crime vehicle remained ex parte. Respondent No.2- 3 insruance company filed a counter denying the averments of the claim petition and prayed to dismiss the claim petition.
4. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of DCM van and awarded compensation of Rs.11,00,600/- with interest at 7.5% per annum from the date of petition till realization. Challenging the same, the appellants-claimants filed the present appeal seeking enhancement of the compensation.
5. Learned counsel for the appellants would submit that compensation granted by the Tribunal is meager and as per the principles laid down by the Hon'ble Apex Court in National Insurance Company Limited vs. Pranay Sethi and others 1, the appellants are also entitled to Rs.84,000/- (Rs.70,000/- + 10% enhancement for every three years) under conventional heads.
6. On the other hand, learned Standing Counsel appearing for respondent No.2-insurance company would submit that the compensation has been rightly granted by the Tribunal and the same need not be enhanced.
1 2017 ACJ 2700 4
7. There is no dispute with regard to the finding of the Tribunal that the accident occurred due to the rash and negligent driving of respondent No.3 i.e., the driver of the crime vehicle and respondent Nos.1 and 2 are jointly and severally liable to pay compensation to the appellants-claimants.
8. Insofar as the quantum of compensation is concerned, the Tribunal, while accepting the age of the deceased (27 years), fixed income at Rs.4,500/- per month in absence of documentary proof, and after considering 40% addition for future prospects and deducting one-fourth for personal living expenses, rightly awarded loss of dependency of Rs.10,20,600/-. As regards compensation under conventional heads is concerned, it is apt to refer to the decision of the Hon'ble Apex Court in Pranay Sethi's case (1 supra), wherein it was held as follows:-
"Reasonable figures on conventional heads, namely, 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% in every three years."
Taking into consideration the aforementioned decision of the Hon'ble Apex Court, this Court is inclined to grant an amount of Rs.84,000/- under the conventional heads to the appellants. Further, the amount granted by the Tribunal at Rs.15,000/- towards transportation and Rs.15,000/- towards loss of love are enhanced to Rs.20,000/- each. 5 Thus, the appellants are entitled for total compensation of (Rs.10,20,600/-. + Rs.84,000/- + Rs.20,000/- + Rs.20,000/-) Rs.11,44,600/-, rounding off to Rs.11,45,000/-.
9. In the result, this appeal is partly allowed and the impugned award passed by the Tribunal is modified by enhancing the compensation from Rs.11,00,600/- to Rs.11,45,000/-. The enhanced compensation shall carry interest at 7.5% per annum from the date of petition till the date of realization. The rest of the terms and conditions imposed by the Tribunal shall remain unaltered. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY Date: 01.12.2025 JSU