Telangana High Court
Smt C Laxmi vs M.A. Quereshi on 25 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.689 of 2019
DATE: 25.03.2026
Between:
Smt. C. Laxmi and four others.
.....Appellants
AND
M.A. Quereshi and another.
....Respondents
JUDGMENT
This appeal is filed by the appellants/claimants challenging the award and decree dated 11.11.2014 passed in O.P.No.2497 of 2008 by the V Additional Metropolitan Sessions Judge-cum-XIX Additional Chief Judge, at Hyderabad (for short "the Tribunal"), whereby the Tribunal awarded a compensation of Rs.1,80,000/- with interest at 9% per annum from the date of petition till realization against the claim of Rs.6,00,000/- for the death of one C. Narahari (hereinafter referred as "the deceased"), in a motor vehicle accident.
2. The learned counsel for the appellants/claimants contended that the Tribunal failed to award just compensation under the head of loss of future earnings, noting that the widow only receives half pension following the death of the pensioner. It is further contended that the Tribunal ignored 2 Ex.A5 and the testimony of PW-2 regarding significant medical expenses incurred during treatment. The appellants also assert that the Tribunal failed to award adequate amounts under conventional heads, including loss of estate, loss of consortium and proper funeral expenses. Thus, the learned counsel prayed for enhancement of compensation.
3. On the other hand, the learned Standing Counsel for respondent No.2/Insurance Company contended that the Tribunal's award is well- reasoned and based on the evidence available on record and the same does not require any interference.
4. As seen from the material placed on record, on 24.02.2008 at about 2:00 pm, while the deceased was crossing the road in front of his house, a Tata Ace bearing No. AP 29 U 5739, driven in a rash and negligent manner, hit the deceased, due to which he fell down and sustained fatal injuries. Immediately, the deceased was shifted to Sai Krishna Hospital, Kachiguda, where he succumbed to his injuries on 04.03.2008. There is no dispute with regard to the accident and the involvement of the crime vehicle, as the Tribunal answered Issue No.1 in favor of the claimants based on Exs.A1 and A2. The primary grievance of the appellants is the inadequate quantum of compensation. The record indicates the deceased was 65 years old and a pensioner at the time of the accident. While the Tribunal awarded Rs.1,59,929/- for medical expenses and Rs.20,071/- for funeral expenses (totaling Rs.1,80,000/-), it disallowed claims for loss of dependency on the 3 grounds that the pension continued to the widow. As per the principles laid down by the Hon'ble Apex Court in National Insurance Co. Ltd. v. Pranay Sethi 1, the appellants/claimants are also entitled to Rs.91,000/- (Rs.70,000/- + 10% enhancement for every three years) under the conventional heads. Accordingly, the total compensation comes to Rs.2,71,000/- (Rs.1,80,000/- + Rs.91,000/-).
5. In the result, this appeal is partly allowed by enhancing the compensation from Rs.1,80,000/- to Rs.2,71,000/- with interest at 9% 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. It is noted that as per the order dated 29.04.2019, the appellants shall not be entitled to interest for the delay period of 194 days in filing the appeal. 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: 25.03.2026 SCS 1(2017) 16 SCC 680