Telangana High Court
Sameena Begum And 3 Others vs Dolphin Hotels Ltd., And Another 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.923 of 2019
DATE: 25.03.2026
Between:
Sameena Begum and three others.
.....Appellants
AND
Dolphin Hotels Ltd.,
Rep. by its Managing Director,
Ramoji Film City, Anajpur (V), Hayathnagar (M),
Ranga Reddy District.
and another.
....Respondents
JUDGMENT
This appeal is filed by the appellants/claimants challenging the judgment and decree dated 31.08.2009 passed in O.P.No.121 of 2008 by the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad (for short "the Tribunal"), whereby the Tribunal awarded a compensation of Rs.3,65,000/- with interest at 7.5% per annum from the date of petition till realization against the claim of Rs.10,00,000/- for the death of one Mohammad Shabbir (hereinafter referred as "the deceased"), in a motor vehicle accident.
2. The learned counsel for the appellants/claimants contended that the Tribunal erred in taking the monthly income of the deceased as Rs.2,500/- 2 as against the claim of Rs.4,000/- and also failed to properly apply future prospects and conventional heads; and as such prayed for enhancement of compensation.
3. On the other hand, the learned Standing Counsel for respondent No.2/Insurance Company contended that the Tribunal, in the absence of cogent evidence regarding proof of income, has rightly assessed the notional income and the compensation awarded is just and reasonable, requiring no interference.
4. As seen from the material placed on record, on 17.07.2007, while the deceased was proceeding on a motor-cycle bearing No. AP 10 AC 6309, a bus bearing No.AP 29U 2057, driven in a rash and negligent manner, dashed the motor-cycle, resulting in his death. 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 monthly income of the deceased was Rs.10,000/-. The Tribunal took the monthly income of the deceased as Rs.2,500/- and assessed the compensation. Considering the profession of the deceased as a Technician/Mechanic and the cost of living at the time of the accident occurred in the year 2007, this Court deems it appropriate to take the monthly income as Rs.4,000/-. Adding 40% towards future 3 prospects as per National Insurance Co. Ltd. v. Pranay Sethi 1, the monthly income comes to Rs.5,600/- (Rs.4,000/- + Rs.1,600/-). After deducting 1/3rd towards personal expenses, the monthly contribution comes to Rs.3,733/-. 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'. Thus, the annual contribution of the deceased is Rs.44,796/-, and using multiplier 18, the total loss of dependency comes to Rs.8,06,328/- (Rs.44,796/- 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.10,000/- awarded under the head loss of love and affection can be maintained. Accordingly, the total compensation comes to Rs.9,07,328/- (Rs.8,06,328/- + Rs.91,000/- + Rs.10,000/-).
5. In the result, this appeal is partly allowed by enhancing the compensation from Rs.3,65,000/- to Rs.9,07,328/- 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. 1(2017) 16 SCC 680 2 (2009) 6 SCC 121 4 As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY Date: 25.03.2026 SCS