Telangana High Court
N. Anitha vs K. Shailaja on 10 September, 2025
THE HONOURABLE SMT. JUSTICE RENUKA YARA
M.A.C.M.A.Nos.59 and 194 of 2023
COMMON JUDGMENT:
Heard Sri Agasthya Sharma, learned counsel for the appellant in
MACMA No.59 of 2023 and respondent No.1 in MACMA No.194 of
2023, Sri P. Ramakrishna Reddy, learned counsel for the appellants in
MACMA No.194 of 2023 and respondent Nos.1 to 3 in MACMA No.59 of
2023 and Sri B. Ravinder, learned counsel for respondent No.6 in
MACMA No.59 of 2023 and respondent No.1 in MACMA No.194
of 2023. Perused the entire record.
2. For the sake of convenience, the parties are reffered as they were
arrayed in the claim petition.
3. The MACMA No.59 of 2023 is filed by respondent No.2/Insurance
Company and MACMA No.194 of 2023 is filed by the claimants,
aggrieved by the award passed by the Chairman, Motor Accident Claims
Tribunal-cum-XI Additional Chief Judge, City Civil Courts, Hyderabad, in
M.V.O.P.No.3099 of 2017, dated 01.07.2022. The Insurance company is
questioning the quantum of compensation awarded whereas the claimants
are seeking enhancement of compensation.
4. The claim petition was filed on account of death of one N. Narendra
in a road traffic accident which occurred on 07.11.2017 at 10.40 am., when
the deceased as pillion rider and his friend Vijayender Reddy as rider were
going to the fields of Vijayender Reddy on motorcycle bearing No.TS 05
EL 9378. When they reached Sakshi paper office at the outskirts of
Arjalabavi on Addanki-Narketpally road, Nalgonda, one Volkswagen car
bearing No.TS 08 FL 4994 driven in high speed in rash and negligent
manner from Narketpally dashed the motorcycle causing fall of both the
riders. Due to impact of the accident, the deceased Narendra died on the
spot. The body was flown 50 feet from the place of accident. The police,
Nalgonda Rural, Nalgonda District registered a case in Crime no.286 of
2017 under Sections 304 and 337 of IPC, took up investigation and filed
charge sheet. On account of the death of N. Narendra, the claim petition is
filed seeking compensation of Rs.45,00,000/-.
5. The claimants got examined PWs 1 to 3 and got marked Exs.A1 to
A11. The Insurance Company did not examine any witness but got marked
Ex.B1/Copy of Insurance policy only. Upon examining the evidence on
record, the Tribunal awarded compensation of Rs.39,03,000/- with interest
at 9% per annum. Aggrieved by the said award, both the Insurance
Company and claimants have preferred appeals.
6. The Insurance Company in MACMA No.59 of 2023 challenged the
quantum of compensation awarded describing the same as huge
compensation. Further, liability is also questioned alleging that both rider
and pillion rider were not wearing helmets at relevant time. It is pleaded
that in case, the riders were wearing helmets, the accident could have been
avoided. As per Section 129 of M.V.Act, contributory negligence for
violation of law ought to have been considered. In addition, it is pleaded
that awarding compensation of Rs.39,03,000/- is not justified.
7. The claimants in MACMA No.194 of 2023 pleaded that salary
certificate marked under Ex.A6 is not considered and therefore, the lesser
compensation is awarded. Further, it is the case of claimants that age of the
deceased is taken on the higher side and multiplier is on the lower side.
Future prospects is also taken on the lesser side and less compensation is
awarded. The spousal consortium is on the lesser side and filial consortium
is not awarded. Further, lesser compensation is awarded towards funeral
expenses and loss of estate. As such, pleaded that the compensation be
enhanced.
8. First, coming to the case of the Insurance Company, the counter filed
by them in claim petition does not contain any pleadings about the rider
and pillion rider not wearing helmet in violation of Section 129 of
M.V.Act. Routine defenses such as violation of Section 158 (6) and 134 (c)
of M.V.Act are taken. Further, defenses available under Sections 149 and
175 of M.V.Act are sought. Routinely, driving license violation is alleged.
There is no pleading about the deceased and rider of the motorcycle not
wearing helmet in violation of provisions of M.V.Act. Further, the
Insurance Company did not examine any witness in support of the defenses
taken in their counter. In the absence of oral evidence, the defenses taken
by the Insurance Company in the counter cannot be considered. By not
examining any witness, practically the Insurance Company conceded
liability to pay compensation. As such, at this appeal stage, new defenses
cannot be allowed to be raised. Hence, MACMA No.59 of 2023 is liable to
be dismissed.
9. Coming to the case of claimants for enhancement of compensation,
the claimants are alleging that the deceased was getting a sum of
Rs.20,000/- per month as driver of transport vehicle with Rs.400/- per day
as batha. In addition, it is also deposed that the deceased was working as a
barber on weekends and had income of Rs.10,000/- per month and thus,
had total Rs.35,000/- per month income. The Tribunal considered the
income of the deceased at Rs.20,000/- per month on the basis of oral
evidence of PWs 1 and 3. The evidence of PW3 about payment of
Rs.20,000/- per month as per Ex.A6 is taken into consideration. The only
grievance is not considering batha and the income as a barber. In that
regard, when the record is perused, it is seen that the avocation of the
deceased is shown to be that of a driver as per Ex.A1 complaint given by
wife of the deceased. The age of the deceased is also shown to be 40 years.
Likewise, the charge sheet also shows that the deceased was a driver.
Merely because a person belongs to the community of barbers, it does not
necessarily entail that they are engaged in the work of profession as a
barber. The Tribunal has taken the income of the deceased at Rs.20,000/-
per month for the year 2017 and the same is liberal. By no stretch of
imagination, the income of a driver at Rs.20,000/- per month in the year
2017 can be considered to be less. During arguments, it is conceded that the
multiplier and personal expenses are properly considered by the Tribunal
are appropriate. Therefore, this Court does not see any reason to interfere
with the said notional income taken by the Tribunal and awarding
Rs.37,80,000/- towards loss of dependency.
10. The Tribunal has awarded Rs.16,500/- each towards loss of estate
and funeral expenses. Further, an amount of Rs.40,000/- is awarded
towards filial consortium and Rs.50,000/- towards loss of love and
affection. However, in view of judgment of National Insurance Co. Ltd.
Vs. Pranay Sethi and others 1, the said findings are set aside and by
enhancing @ 10% in every three years, the claimants are granted
Rs.18,150/- each towards funeral expenses and loss of estate. Further, the
claimant No.1 is entitled Rs.48,500/- towards spousal consortium and
claimant Nos.2 and 3 are entitled Rs.97,000/- (Rs.48,500/- x2) towards
parental consortium. As on the date of death of deceased, the claimant
Nos.4 and 5 are dependents on him and hence, they are entitled to
Rs.97,000/- (Rs.48,500/- x 2) towards filial consortium. In addition, the
claimants are granted Rs.20,000/- towards transport charges. Thus, in all,
(2017) 16 SCC 680
the total compensation payable to the claimant Nos.1 to 3 would be
Rs.40,78,800/-.
11. In the result, the MACMA No.59 of 2023 filed by the Insurance
Company is dismissed and MACMA No.194 of 2023 filed by the claimants
is partly allowed enhancing the compensation amount awarded by the
Tribunal from Rs.39,03,000/- to Rs.40,78,800/-, which shall carry interest
at 9% p.a. on the enhanced amount from the date of petition till the date of
realization. The respondents shall deposit the amount within a period of (8)
weeks from the date of receipt of copy of judgment. On such deposit, the
claimant Nos.1 to 3 are entitled to withdraw the entire amount in proportion
to their shares awarded by the Tribunal, without furnishing the security.
__________________
RENUKA YARA, J
Date: 10.09.2025
GVL
