Telangana High Court
Muddasani Andalamma , Andalu vs Mohd Jani (Died) 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.1094 of 2019
DATE: 25.03.2026
Between:
Muddasani Andalamma @ Andalu.
.....Appellant
AND
Mohd. Jani (died) and four others.
....Respondents
JUDGMENT
This appeal is filed by the appellant/claimant challenging the award and decree dated 12.05.2014 passed in O.P.No.400 of 2010 by the Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge (FTC), Karimnagar (for short "the Tribunal"), wherein the Tribunal granted a total compensation of Rs.25,000/- with interest @ 7.5% per annum from the date of petition till the date of realization against the claim of Rs.2,00,000/- for the death of one Muddasani Padma (hereinafter referred to as "the deceased) in a motor vehicle accident occurred on 25.03.1986.
2. The brief facts of the case are that on 25.03.1986 at about 8:30 p.m., the deceased along with the appellant, their sister Srilatha, and parents Shankaraiah and Vajramma, were traveling on a TVS 50 moped from 2 Rukmapur towards Edugla Gattepally village. When they reached near Manakondur temple, an Oil Tanker bearing No. ADM 3238, driven by the respondent No.1 in a rash and negligent manner at high speed, dashed against the moped. Consequently, the deceased-Padma, Srilatha and their mother died on the spot, while their father succumbed to injuries while undergoing treatment. The Police, LMD registered a case in Crime No.27 of 1986 for the offence under Section 304-A of IPC. The appellant, being the sole surviving legal heir, filed the claim petition seeking compensation. The Tribunal, upon evaluating the oral evidence of PW.1 and documentary evidence Exs.A1 to A7, held that the accident occurred due to the rash and negligent driving of the driver of the crime vehicle and accordingly, granted a total compensation of Rs.25,000/- with interest @ 7.5% per annum from the date of petition till the date of realization. Dissatisfied with the quantum of compensation awarded, the present appeal is filed.
3. Heard the submissions of learned counsel for both sides and perused the record.
4. As seen from the material on record, the deceased was the elder sister of the appellant. The Tribunal, while observing that the appellant was a married woman and was not dependent on the deceased at the time of the claim, declined to award any amount towards loss of dependency. Instead, the Tribunal awarded Rs.10,000/- towards loss of estate, Rs.10,000/- 3 towards loss of love and affection, and Rs.5,000/- towards funeral expenses, totaling Rs.25,000/-. Having regard to the injuries sustained by the appellant in the said accident and the immense mental agony suffered by her due to the sudden loss of her entire immediate family i.e, her sister Padma, her parents, and another sister, this Court finds it reasonable to award an amount of Rs.25,000/- in addition to the compensation awarded by the Tribunal to meet the ends of justice. Thus, the appellant is entitled to a total compensation of Rs.50,000/- (Rs.25,000/- + Rs.25,000/-).
5. In the result, this appeal is partly-allowed and the compensation awarded by the Tribunal is enhanced from Rs.25,000/- to Rs.50,000/- with interest @ 7.5% per annum from the date of the claim petition till the date of realization. The respondent Nos.2 and 3 are directed to deposit the entire compensation amount with interest within a period of two(02) months from the date of receipt of a copy of this judgment. On such deposit, the appellant is entitled to withdraw the same without furnishing any security. 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 Bw