Telangana High Court
Busa Chinna Komuraiah And Another vs T. Kumar on 30 March, 2026
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.3378 of 2019
DATE: 30.03.2026
Between:
Busa Chinna Komuraiah and another.
.....Appellants
AND
T.Kumar and another.
....Respondents
JUDGMENT
This appeal is filed by the appellants/claimants challenging the award dated 22.03.2019 passed in M.V.O.P.No.443 of 2016 by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-Principal District Judge, Karimnagar (for short "the Tribunal"), whereby the Tribunal awarded a compensation of Rs.5,21,000/- with interest at 7.5% per annum from the date of petition till realization against the claim of Rs.20,00,000/- for the death of one Busa Anjaneyulu (hereinafter referred as "the deceased"), in a motor vehicle accident.
2. The learned counsel for the appellants/claimants contended that the deceased was studying B.Sc., Degree Final Year and after completion of his studies, he was likely to get a job in public/private sector with a salary of Rs.25,000/- per month but the Tribunal erred 2 in taking the monthly income of the deceased as Rs.4,500/-. It is further submitted that the Tribunal failed to properly apply future prospects and award amounts under conventional heads. Thus the learned counsel prayed this Court to enhance the compensation.
3. On the other hand, the learned Standing Counsel for respondent No.2/Insurance Company contended that in the absence of cogent evidence regarding proof of income, the Tribunal has rightly assessed the notional income and the compensation awarded is just and reasonable and the same does not require any interference.
4. As seen from the material placed on record, on 13.03.2016, while the deceased was proceeding to Bommakal on his Honda Shine motorcycle bearing No.AP-15-BD-4874 to attend the marriage reception of his relatives and on the way, at about 16:30 hours, when the deceased reached flyover at Bommakal Chowrastha, the respondent No.1 drove the Tata Ace trolley bearing No.AP-15-X-6575 in a rash and negligent manner at high speed and dashed the motorcycle from back side. As a result, the deceased fell down on the road and received injuries all over the body and succumbed to the injuries while undergoing treatment. There is no dispute with regard to the accident and the involvement of the crime vehicle. The primary grievance of the appellants is the inadequate quantum of compensation. The appellants/claimants asserted that the deceased 3 was studying B.Sc., Degree Final Year and after completion of his studies, he was likely to get a job in public/private sector with a salary of Rs.25,000/- per month. The Tribunal took the monthly income of the deceased as Rs.4,500/- and assessed the compensation. Considering that the deceased was 24 years old at the time of accident and was studying Degree Final Year, this Court deems it appropriate to take the monthly income as Rs.6,000/-. Adding 40% towards future prospects as per National Insurance Co. Ltd. v. Pranay Sethi 1, the monthly income comes to Rs.8,400/- (Rs.6,000/- + Rs.2,400/-). After deducting 50% towards personal expenses, the monthly contribution comes to Rs.4,200/-. The annual contribution of the deceased comes to Rs.50,400 (Rs.4,200 x 12). Since the deceased was 24 years old at the time of the accident, as per the decision in Sarla Verma v. Delhi Transport Corporation 2, the appropriate multiplier is '18'. Applying multiplier '18', the total loss of dependency comes to Rs.9,07,200/- (Rs.50,400/- x 18). Further, as per the principles laid down by the Hon'ble Apex Court in Pranay Sethi's case (supra), the appellants/ claimants are also entitled to Rs.91,000/- (Rs.70,000/- + 10% enhancement for every three years) under the conventional heads. The amount of Rs.5,000/- awarded under the head transportation charges can be maintained. 1(2017) 16 SCC 680 2 (2009) 6 SCC 121 4 Accordingly, the total compensation comes to Rs.10,03,200/- (Rs.9,07,200/- + Rs.91,000/- + Rs.5,000/-).
5. In the result, this appeal is partly allowed by enhancing the compensation from Rs.5,21,000/- to Rs.10,03,200/- with interest at 7.5% per annum from the date of petition till realization. The respondents are directed to deposit the compensation amount with interest within two months from the date of receipt of a copy of this judgment. The remaining terms and conditions of the Tribunal shall stand unaltered. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY Date: 30.03.2026 scs