Busa Chinna Komuraiah And Another vs T. Kumar
2026 Latest Caselaw 155 Tel

Telangana High Court

Busa Chinna Komuraiah And Another vs T. Kumar 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.3378 of 2019

                          DATE: 30.03.2026

Between:

Busa Chinna Komuraiah and another.
                                                          .....Appellants

                                 AND

T.Kumar and another.
                                                        ....Respondents
                             JUDGMENT

This appeal is filed by the appellants/claimants challenging the

award dated 22.03.2019 passed in M.V.O.P.No.443 of 2016 by the

Chairman, Motor Vehicle Accident Claims Tribunal-cum-Principal

District Judge, Karimnagar (for short "the Tribunal"), whereby the

Tribunal awarded a compensation of Rs.5,21,000/- with interest at

7.5% per annum from the date of petition till realization against the

claim of Rs.20,00,000/- for the death of one Busa Anjaneyulu

(hereinafter referred as "the deceased"), in a motor vehicle accident.

2. The learned counsel for the appellants/claimants contended

that the deceased was studying B.Sc., Degree Final Year and after

completion of his studies, he was likely to get a job in public/private

sector with a salary of Rs.25,000/- per month but the Tribunal erred

in taking the monthly income of the deceased as Rs.4,500/-. It is

further submitted that the Tribunal failed to properly apply future

prospects and award amounts under conventional heads. Thus the

learned counsel prayed this Court to enhance the compensation.

3. On the other hand, the learned Standing Counsel for

respondent No.2/Insurance Company contended that in the absence

of cogent evidence regarding proof of income, the Tribunal has rightly

assessed the notional income and the compensation awarded is just

and reasonable and the same does not require any interference.

4. As seen from the material placed on record, on 13.03.2016,

while the deceased was proceeding to Bommakal on his Honda Shine

motorcycle bearing No.AP-15-BD-4874 to attend the marriage

reception of his relatives and on the way, at about 16:30 hours, when

the deceased reached flyover at Bommakal Chowrastha, the

respondent No.1 drove the Tata Ace trolley bearing No.AP-15-X-6575

in a rash and negligent manner at high speed and dashed the

motorcycle from back side. As a result, the deceased fell down on the

road and received injuries all over the body and succumbed to the

injuries while undergoing treatment. 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 deceased

was studying B.Sc., Degree Final Year and after completion of his

studies, he was likely to get a job in public/private sector with a

salary of Rs.25,000/- per month. The Tribunal took the monthly

income of the deceased as Rs.4,500/- and assessed the

compensation. Considering that the deceased was 24 years old at the

time of accident and was studying Degree Final Year, this Court

deems it appropriate to take the monthly income as Rs.6,000/-.

Adding 40% towards future prospects as per National Insurance Co.

Ltd. v. Pranay Sethi 1, the monthly income comes to Rs.8,400/-

(Rs.6,000/- + Rs.2,400/-). After deducting 50% towards personal

expenses, the monthly contribution comes to Rs.4,200/-. The annual

contribution of the deceased comes to Rs.50,400 (Rs.4,200 x 12).

Since the deceased was 24 years old at the time of the accident, as

per the decision in Sarla Verma v. Delhi Transport Corporation 2,

the appropriate multiplier is '18'. Applying multiplier '18', the total

loss of dependency comes to Rs.9,07,200/- (Rs.50,400/- x 18).

Further, as per the principles laid down by the Hon'ble Apex Court in

Pranay Sethi's case (supra), the appellants/ claimants are also

entitled to Rs.91,000/- (Rs.70,000/- + 10% enhancement for every

three years) under the conventional heads. The amount of Rs.5,000/-

awarded under the head transportation charges can be maintained.

1(2017) 16 SCC 680

(2009) 6 SCC 121

Accordingly, the total compensation comes to Rs.10,03,200/-

(Rs.9,07,200/- + Rs.91,000/- + Rs.5,000/-).

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

compensation from Rs.5,21,000/- to Rs.10,03,200/- 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

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 scs