M.Sobha And 3 Otthers vs P. Koteswara Rao And Another
2026 Latest Caselaw 153 Tel

Telangana High Court

M.Sobha And 3 Otthers vs P. Koteswara Rao And Another on 30 March, 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.930 of 2019

                           DATE: 30.03.2026
Between:
M. Sobha and three others.
                                                        .....Appellants
                                  AND
P.Koteswara Rao and another.

                                                      ....Respondents

                              JUDGMENT

This appeal is filed by the appellants/claimants challenging the

judgment and decree dated 16.08.2012 passed in M.V.O.P.No.113 of

2007 by the Chairman, Motor Accidents Claims Tribunal-cum-District

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

awarded a compensation of Rs.4,75,000/- with interest at 7.5% per

annum from the date of petition till realization against the claim of

Rs.8,00,000/- for the death of one M.Ramesh (hereinafter referred as

"the deceased"), in a motor vehicle accident.

2. The learned counsel for the appellants/claimants contended that

the Tribunal erred in assessing the monthly income of the deceased at

Rs. 4,000/- though he was in fact earning Rs. 6,000/- per month as an

RMP doctor, in addition to Rs. 40,000/- per annum from agricultural

activities and an honorarium of Rs. 2,000/- per month as a ward

member. It is further submitted that the Tribunal failed to award

amounts under conventional heads as per the decisions of the Hon'ble

Apex Court. Thus the learned counsel prayed this Court to enhance the

compensation.

3. No representation on behalf of respondent No.2-Insurance

Company.

4. As seen from the material placed on record, on 03.06.2006 at

about 1:15 pm, while the deceased was travelling in auto bearing No. AP

1 U 5532 from Devapur to Asifabad near Micro Station, Bellampalli,

another Auto bearing No.AP 01 W 2818 (for short 'the crime vehicle')

being driven by its driver in a rash and negligent manner and at high

speed, hit the auto in which the deceased was travelling. As a result,

the deceased fell down from the auto and sustained multiple injuries

and succumbed to injuries while undergoing treatment in Government

Community Health Centre, Bellampally. There is no dispute with regard

to the accident and the involvement of the crime vehicle. The primary

grievance of the appellants is the inadequate quantum of compensation.

The appellants/claimants asserted that the monthly income of the

deceased was Rs. 6,000/- per month as an RMP doctor, in addition to

Rs. 40,000/- per annum from agricultural activities and an honorarium

of Rs. 2,000/- per month as a ward member. The Tribunal took the

monthly income of the deceased as Rs.4,000/- and assessed the

compensation. Considering the avocation of the deceased as an RMP

Doctor and the cost of living at the time of the accident occurred in the

year 2006, this Court deems it appropriate to take the monthly income

as Rs.5,000/-. The annual income of the deceased comes to

Rs.60,000/- (Rs.5,000/- X 12). After deducting 1/3rd towards personal

expenses, the amount comes to Rs.40,000/- (Rs.60,000/- X 1/3rd).

Since the deceased was 45 years old at the time of the accident, as per

the decision in Sarla Verma v. Delhi Transport Corporation 1, the

appropriate multiplier is '14'. Applying the multiplier '14', the total loss

of dependency comes to Rs.5,60,000/- (Rs.40,000/- x 14). 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.6,51,000/- (Rs.5,60,000/- + Rs.91,000/-).

5. In the result, this appeal is partly allowed by enhancing the

compensation from Rs.4,75,000/- to Rs.6,51,000/- with interest at

7.5% per annum from the date of petition till realization. The

respondents are directed to deposit the compensation amount with

interest within two months from the date of receipt of a copy of this

(2009) 6 SCC 121 2(2017) 16 SCC 680

judgment. 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: 30.03.2026 Bw