Smt T. Kavitha vs T. Narsi Reddy
2026 Latest Caselaw 250 Tel

Telangana High Court

Smt T. Kavitha vs T. Narsi Reddy on 1 April, 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.1223 of 2019

                         DATE: 01.04.2026

Between:

Smt. T. Kavitha and four others

                                                        .....Appellants
                                  AND

T. Narsi Reddy and two others

                                                      ....Respondents


JUDGMENT:

This appeal is preferred by the appellants-claimants, aggrieved

by the order and decree dated 04.06.2013 passed in O.P. No.82 of

2009 by the Chairman, Motor Accidents Claims Tribunal-cum-VII

Additional Metropolitan Sessions Judge-cum-XXI Additional Chief

Judge, Hyderabad (for short, "the Tribunal"), whereby the Tribunal

awarded a total compensation of Rs.4,18,000/- with interest at 7.5%

per annum for the death of one T. Gopal (hereinafter referred to as

"the deceased") in a motor vehicle accident.

2. The brief facts of the case are that on 13.12.2008 at about 6:00

p.m. when the deceased was attempting to board an RTC bus bearing

No.AP29TA 312 at Chaitanyapuri Bus Stop, the driver of the said bus

moved it in a rash and negligent manner, causing the deceased to fall

down and be run over by the rear wheel, resulting in instantaneous

death. Stated that the deceased was aged about 25 years and

working as a barber, earning Rs.5,000/- per month, and was the sole

breadwinner of the family, the appellants-claimants, being his wife,

minor daughter, parents and unmarried sister, filed the aforesaid

claim petition before the Tribunal, under Section 166 of the Motor

Vehicles Act, seeking compensation of Rs.7,00,000/-. The Tribunal,

upon appreciation of the evidence, held that the accident occurred

due to the rash and negligent driving of the bus driver and awarded a

total compensation of Rs.4,18,000/-. Aggrieved thereby, the

appellants-claimants filed the present appeal seeking enhancement of

compensation.

3. Learned counsel for the appellants-claimants contends that the

Tribunal erred in fixing the income of the deceased at Rs.3,000/- per

month despite evidence on record; the Tribunal ought to have

deducted only 1/4th towards personal expenses as there were five

dependents and should have awarded reasonable amounts under

conventional heads; and thus prayed for enhancement of

compensation.

4. On the other hand, the learned Standing Counsel appearing for

respondent No.2-Insurance Company and the learned Standing

Counsel appearing for respondent No.3-Corporation supported the

award passed by the Tribunal.

5. There is no dispute with regard to the finding of the Tribunal

that the accident occurred due to the rash and negligent driving of

the driver of the offending bus and that respondent Nos.1 and 2 are

jointly and severally liable to pay compensation. The said finding has

attained finality.

6. Coming to quantum of compensation, the Tribunal fixed the

income of the deceased at Rs.3,000/- per month. Though the

claimants asserted that the deceased was earning Rs.5,000/- per

month and examined PW.3 in support of the same, in the absence of

cogent documentary evidence, this Court is of the opinion that the

income fixed by the Tribunal requires reasonable enhancement

considering the nature of avocation of the deceased as a barber and

the year of accident i.e., 2008. Accordingly, the monthly income of

the deceased is re-fixed at Rs.4,500/- and thus the annual income

comes to Rs.54,000/-. As per the decision in Sarla Verma v. Delhi

Transport Corporation 1, since there are five dependents, 1/4th of

(2009) 6 SCC 121

the income is to be deducted towards personal and living expenses of

the deceased instead of 1/3rd deducted by the Tribunal. Thus, the net

annual contribution comes to Rs.40,500/- (Rs.54,000/- -

Rs.13,500/-). The deceased was aged about 25 years at the time of

accident. Therefore, the appropriate multiplier applicable is '18'.

Thus, the loss of dependency comes to Rs.40,500/- × 18 =

Rs.7,29,000/-. Further, as per the principles laid down by the

Hon'ble Apex Court in National Insurance Co. Ltd. v. Pranay

Sethi 2, the appellants-claimants are also entitled to Rs.91,000/-

(Rs.70,000/- + 10% enhancement for every three years) under the

conventional heads. Accordingly, the total compensation comes to

Rs.8,20,000/- (Rs.7,29,000/- + Rs.91,000/-).

7. At this stage, learned Standing Counsel contend that the

appellants-claimants had sought only Rs.7,00,000/- and therefore

compensation cannot exceed the amount claimed. However, in view of

the judgments of the Hon'ble Supreme Court in Laxman @ Laxman

Mourya Vs. Divisional Manager, Oriental Insurance Company

Limited and another 3 and Nagappa Vs. Gurudayal Singh 4, and

considering that the Motor Vehicles Act is a beneficial legislation

intended to ensure just and fair compensation, the Courts are

2(2017) 16 SCC 680

(2011) 10 SCC 756

2003 ACJ 12 (SC)

empowered to award compensation in excess of the amount claimed.

Hence, the appellants-claimants are entitled to the higher amount

now assessed.

8. In the result, the appeal is partly allowed, by enhancing the

compensation awarded by the Tribunal from Rs.4,18,000/- to

Rs.8,20,000/- with interest @ 7.5% per annum from the date of

petition till the date of realization. The appellants-claimants are

directed to pay Deficit Court Fee on the enhanced amount. The

remaining terms and conditions of the Tribunal shall stand

unaltered. No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall

stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY Date: 01.04.2026 JSU