Citation : 2025 Latest Caselaw 5365 Tel
Judgement Date : 9 September, 2025
THE HONOURABLE SMT. JUSTICE RENUKA YARA
M.A.C.M.A.No.248 of 2025
JUDGMENT:
Heard Sri K. Venumadhav, learned counsel for the appellants and Sri
P. Bhanu Prakash, learned counsel for respondent No.3. Perused the entire
record.
2. The present MACMA is filed seeking enhancement of compensation
aggrieved by the award dated 18.11.2024 in M.V.O.P.No.456 of 2022 on
the file of the Chairman, Motor Accidents Claims Tribunal-cum-Principal
District Judge at Hanumakonda. The claim petition was filed by the
appellants herein seeking compensation of Rs.52,00,000/- on account of
death of their son in a road traffic accident. Upon considering the evidence
adduced by the appellants, the Tribunal awarded compensation of
Rs.24,60,467/- with interest at 7.5% per annum. Aggrieved by the said
award, the present appeal is preferred seeking enhancement of
compensation with regard to compensation awarded towards parental
consortium and loss of estate only.
3. The Tribunal awarded Rs.40,000/- towards parental consortium
without considering the time gap between the filing of the petition in the
year 2017 and its disposal in the year 2024. For the said time period RY,J MACMA_248_2025
interest at 20% is to be added towards the amount awarded towards
parental consortium i.e., Rs.48,400/- each is awarded instead of Rs.40,000/-
each which is awarded by the Tribunal. Further, no compensation was
awarded towards loss of estate which comes to Rs.18,150/- after adding
10% enhancement for every three years. Therefore, in all the compensation
is increased by Rs. 34,950/- (Rs.16,800/- i.e., enhancement in parental
consortium to both the appellants and Rs.18,150/- towards loss of estate).
4. The Tribunal awarded interest at 7.5% per annum on the
compensation amount awarded and enhancement of interest is sought in the
present appeal by the appellants. The said plea for enhancement of interest
is not considered and the same is rejected.
5. In the result, M.A.C.M.A. is partly allowed. The compensation
awarded by the Tribunal is hereby enhanced from Rs.24,60,467/- to
Rs. 24,95,417/- with interest at 9% per annum on the enhanced
compensation from the date of petition till the date of realization. The
enhanced compensation amount shall be deposited by the respondents
jointly and severally within a period of two months from the date of receipt
of a copy of this judgment. On such deposit, the appellants are entitled to
withdraw the entire amount as apportioned by the Tribunal, without
RY,J MACMA_248_2025
furnishing any security. There shall be no order as to costs. Miscellaneous
Petitions, if any, pending in this appeal, shall stand closed.
_________________ RENUKA YARA, J Date: 09.09.2025 GVR
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