Telangana High Court
Bajaj Allianz General Insurance Co Ltd vs Deevi Vijaya Lakshmi And 3 Ors on 19 August, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
I.A.NO.6 OF 2017 (CROSS OBJECTION (SR) NO.24377 OF 2017)
IN/AND
M.A.C.M.A.NO.833 OF 2017
Mr. Sridhar Lokala, learned counsel appearing for the Cross Objectors
Mr. T. Mahendar Rao, learned counsel appearing for the respondent No.1/appellant
COMMON JUDGMENT:
(Per Hon'ble Justice Moushumi Bhattacharya)
1. An Award dated 14.06.2025 passed by the Lok Adalat in
M.A.C.M.A.No.833 of 2017 is placed before us.
2. By the said Award, the Cross-Objectors/claimants were
permitted to withdraw their respective amounts as per the
Award passed by the Tribunal. The Award further records that
the Authorized Representative of the respondent No.1/appellant
(Insurance Company) stated that the Insurance Company had
decided not to pursue the present Appeal and withdrawn the
Appeal. Paragraph 5 of the Lok Adalat Award dated 14.06.2025
further records that the parties would have the liberty to seek
recall of this Award if they subsequently come to know about
filing of Cross-Appeal/Cross-Objection.
3. The Appeal arises from a judgment dated 08.12.2016
passed by the Motor Accident Claims Tribunal-cum-III
Additional District Judge, Asifabad, in O.P.No.162 of 2015. By
the said judgment dated 08.12.2016, the Cross-
Objectors/claimants were awarded Rs.33,23,500/-.
4. As things stand now, the Appeal filed by the Insurance
Company was withdrawn and the claimants have filed Cross-
Objections.
5. We have heard learned counsel appearing for the parties.
6. Learned counsel appearing for the respondent
No.1/Insurance Company has assisted the Court with relevant
facts in the absence of suitable representation made on behalf of
the Cross-Objectors/claimants.
7. Learned counsel appearing for the respondent
No.1/Insurance Company fairly submits that the Cross-
Objectors/claimants are entitled to their claim of 15% pursuant
to the decision of the Supreme Court in National Insurance
Company Limited Vs. Pranay Sethi 1 . The Supreme Court, at
paragraph 59.3, held that if the deceased is between the age of
50 to 60 years, the addition should be 15% of the actual salary
of the deceased towards future prospects.
8. Admittedly, in the present case, the deceased was aged 50
years at the time of the accident. The Tribunal also found the
deceased between the age bracket of 50-60 years.
(2017) 16 SCC 680
9. By reason of the fair stand taken on behalf of the
respondent No.1/Insurance Company, we dee0m it fit to dispose
of the Cross-Objections by holding that the Cross-
Objectors/claimants are entitled to the additional 15% of the
actual salary of the deceased.
10. Counsel for both parties have made their respective
calculations as to the enhanced amount to be paid to the
claimants.
11. The appellant shall pay Rs.4,68,287.50 along with
interest @ 7.5% per annum from the date of the order i.e.,
08.12.2016. The said amount shall be deposited before the
Tribunal within eight weeks from today.
12. M.A.C.M.A.NO.833 of 2017 is dismissed as withdrawn in
terms of the Lok Adalat Award dated 14.06.2025. I.A.No.6 OF
2017 (Cross-Objection (SR) No.24377 of 2017) is disposed of.
All other connected applications shall stand disposed of. There
shall be no order as to costs.
__________________________________
MOUSHUMI BHATTACHARYA, J
_____________________________
GADI PRAVEEN KUMAR, J
DATE: 19.08.2025
vjb/va
