Telangana High Court
Reliance General Insurance Co. ... vs Islavath Nagamani 5 Others on 7 February, 2023
Bench: Namavarapu Rajeshwar Rao
1 RRN, J
MACMA No.3130 of 2016
*THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
+ M.A.C.M.A. No.3130 OF 2016
% 07-02-2023
# Reliance General Insurance Co. Ltd.,
....Appellant/Respondent No.2
Vs.
$ Islavath Nagamani and others
.... Respondents/Petitioners
!Counsel for the petitioner : T. Mahender Rao
Counsel for the Respondents : Akkam Eshwar
<Gist :
>Head Note:
? Cases referred:
1. 2017(16) SCC 680
2 RRN, J
MACMA No.3130 of 2016
IN THE HIGH COURT FOR THE STATE OF TELANGANA
HYDERABAD
****
M.A.C.M.A. No. 3130 OF 2016
Between:
Reliance General Insurance Co. Ltd.,
....Appellant/Respondent No.2
Vs.
Islavath Nagamani and others
.... Respondents/Petitioners
ORDER PRONOUNCED ON: 07.02.2023
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
1. Whether Reporters of Local newspapers
may be allowed to see the Judgments? : Yes
2. Whether the copies of judgment may be
Marked to Law Reporters/Journals? : Yes
3. Whether His Lordship wishes to
see the fair copy of the Judgment? : Yes
_____________________________________
NAMAVARAPU RAJESHWAR RAO, J
3 RRN, J
MACMA No.3130 of 2016
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
MACMA No. 3130 OF 2016
JUDGMENT:
Heard learned Counsel for the appellant/ Insurance
Company and learned counsel for the respondents/petitioners.
2. Aggrieved by the Order and decree dt.12.05.2016 in
M.V.O.P No.345 of 2011 passed by the Chairman, Motor
Accidents Claims Tribunal-Cum-I Additional Chief Judge, City
Civil Court, Secunderabad (for short "the Tribunal"), the
Insurance Company preferred the present appeal seeking to
set aside the above order and decree.
3. Vide the aforesaid order, the Tribunal has awarded
an amount of Rs.25,00,000/- as claimed by the
respondents/petitioners with costs and interest @7.5% per
annum from the date of petition till the date of deposit.
4. The only contention of the learned Counsel for the
appellant is with regard to the quantum awarded by the
Tribunal under various heads. In support of his contention,
he relied upon the judgment of the Apex Court in Pranay
4 RRN, J
MACMA No.3130 of 2016
Sethi1 and contended that the amount awarded under the
heads consortium, funeral expenses and the percentage of
future prospects are excessive and prayed to set aside the
order of the Tribunal. On the other hand, learned Counsel for
the respondents/claimants contended that the Tribunal has
rightly awarded the compensation and there is no need to
interfere with the order passed by the Tribunal.
5. In view of the above submissions made by both
Counsels, this Court is inclined to award the amounts as per
the principles laid down by the Hon'ble Apex Court as below:
Sl.No. Head Compensation awarded
1. Income
Rs.11,713/- per month
Rs.4,685/- per month @ 40% of the
2 Future Prospects original income
Total : Rs.11,713 + 4,685/- =
Rs.16,398/- (Rounded off to
Rs.16,400/-)
Rs.1,96,800/-
3. Annual income
(Rs.16,400x12)
Rs.1,47,600/-
4. Deductions towards personal
expenses (Rs.1,96,800/- minus 1/4th as the
dependants are four in number.
Rs.22,14,000/-
5. Loss of dependency
(Rs.1,47,600/- x 15)
2017 (16) SCC 680.
5 RRN, J
MACMA No.3130 of 2016
7. Loss of Spousal consortium -
2017 (16) SCC 680. Rs.44,000/-
(Rs.40,000/- + 10% thereof)
(modified)
8. Loss of parental and minor
children consortium - Magma Rs.80,000/-
General Insurance Co.Ltd (Rs.40,000/-) Each respondents No.2
Vs.Nanu Ram Alias Chuhru and 3 (modified)
Ram - 2018 Law Suit (SC)
Rs.16,500/-
9. Funeral expenses
(Rs.15,000/- + 10% thereof)
(modified)
Rs.16,500/-
10. Loss of Estate
(Rs.15,000/- + 10% thereof ) awarded
Total Rs.23,71,000/-
6. Accordingly the awarded compensation amount is
reduced from Rs.25,00,000/- to Rs.23,71,000/- (Rupees
Twenty three Lakh, seventy one thousand only) with interest at
the rate of 7.5% p.a.
7. In the result, the appeal is disposed of by modifying
the compensation from Rs.25,00,000/- to Rs.23,71,000/-
(Rupees Twenty three Lakh, seventy one thousand only) with
interest at the rate of 7.5% p.a. from the date of petition till the
date of realization. The compensation amount shall be
6 RRN, J
MACMA No.3130 of 2016
apportioned among the respondents/claimants in the same
proportion as directed to be apportioned by the Tribunal. The
appellant is directed to deposit the above said amount with
interest and costs after deducting the amount, if any, deposited
earlier within one month from the date of receipt of the certified
copy of this judgment. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any,
pending in this appeal, shall stand closed.
______________________________________
NAMAVARAPU RAJESHWAR RAO, J
7th day of February, 2023
BDR
