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Telangana High Court
Sameena Begum And 3 Others vs Dolphin Hotels Ltd., And Another on 25 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.923 of 2019
DATE: 25.03.2026
Between:
Sameena Begum and three others.
.....Appellants
AND
Dolphin Hotels Ltd.,
Rep. by its Managing Director,
Ramoji Film City, Anajpur (V), Hayathnagar (M),
Ranga Reddy District.
and another.
....Respondents
JUDGMENT
This appeal is filed by the appellants/claimants challenging the
judgment and decree dated 31.08.2009 passed in O.P.No.121 of 2008 by
the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City
Civil Court, Hyderabad (for short "the Tribunal"), whereby the Tribunal
awarded a compensation of Rs.3,65,000/- with interest at 7.5% per annum
from the date of petition till realization against the claim of Rs.10,00,000/-
for the death of one Mohammad Shabbir (hereinafter referred as "the
deceased"), in a motor vehicle accident.
2. The learned counsel for the appellants/claimants contended that the
Tribunal erred in taking the monthly income of the deceased as Rs.2,500/-
as against the claim of Rs.4,000/- and also failed to properly apply future
prospects and conventional heads; and as such prayed for enhancement of
compensation.
3. On the other hand, the learned Standing Counsel for respondent
No.2/Insurance Company contended that the Tribunal, in the absence of
cogent evidence regarding proof of income, has rightly assessed the notional
income and the compensation awarded is just and reasonable, requiring no
interference.
4. As seen from the material placed on record, on 17.07.2007, while the
deceased was proceeding on a motor-cycle bearing No. AP 10 AC 6309, a
bus bearing No.AP 29U 2057, driven in a rash and negligent manner,
dashed the motor-cycle, resulting in his death. 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.10,000/-. The Tribunal took the monthly income of the deceased as
Rs.2,500/- and assessed the compensation. Considering the profession of
the deceased as a Technician/Mechanic and the cost of living at the time of
the accident occurred in the year 2007, this Court deems it appropriate to
take the monthly income as Rs.4,000/-. Adding 40% towards future
prospects as per National Insurance Co. Ltd. v. Pranay Sethi 1, the
monthly income comes to Rs.5,600/- (Rs.4,000/- + Rs.1,600/-). After
deducting 1/3rd towards personal expenses, the monthly contribution comes
to Rs.3,733/-. 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'. Thus, the annual
contribution of the deceased is Rs.44,796/-, and using multiplier 18, the
total loss of dependency comes to Rs.8,06,328/- (Rs.44,796/- 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.10,000/- awarded under the
head loss of love and affection can be maintained. Accordingly, the total
compensation comes to Rs.9,07,328/- (Rs.8,06,328/- + Rs.91,000/- +
Rs.10,000/-).
5. In the result, this appeal is partly allowed by enhancing the
compensation from Rs.3,65,000/- to Rs.9,07,328/- 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.
1(2017) 16 SCC 680
(2009) 6 SCC 121
As a sequel, the miscellaneous petitions pending, if any, shall stand
closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
Date: 25.03.2026
SCS
