[Cites 1, Cited by 0]
Telangana High Court
Muddasani Andalamma , Andalu vs Mohd Jani (Died) 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.1094 of 2019
DATE: 25.03.2026
Between:
Muddasani Andalamma @ Andalu.
.....Appellant
AND
Mohd. Jani (died) and four others.
....Respondents
JUDGMENT
This appeal is filed by the appellant/claimant challenging the award
and decree dated 12.05.2014 passed in O.P.No.400 of 2010 by the
Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District
Judge (FTC), Karimnagar (for short "the Tribunal"), wherein the Tribunal
granted a total compensation of Rs.25,000/- with interest @ 7.5% per
annum from the date of petition till the date of realization against the claim
of Rs.2,00,000/- for the death of one Muddasani Padma (hereinafter referred
to as "the deceased) in a motor vehicle accident occurred on 25.03.1986.
2. The brief facts of the case are that on 25.03.1986 at about 8:30 p.m.,
the deceased along with the appellant, their sister Srilatha, and parents
Shankaraiah and Vajramma, were traveling on a TVS 50 moped from
Rukmapur towards Edugla Gattepally village. When they reached near
Manakondur temple, an Oil Tanker bearing No. ADM 3238, driven by the
respondent No.1 in a rash and negligent manner at high speed, dashed
against the moped. Consequently, the deceased-Padma, Srilatha and their
mother died on the spot, while their father succumbed to injuries while
undergoing treatment. The Police, LMD registered a case in Crime No.27 of
1986 for the offence under Section 304-A of IPC. The appellant, being the
sole surviving legal heir, filed the claim petition seeking compensation. The
Tribunal, upon evaluating the oral evidence of PW.1 and documentary
evidence Exs.A1 to A7, held that the accident occurred due to the rash and
negligent driving of the driver of the crime vehicle and accordingly, granted a
total compensation of Rs.25,000/- with interest @ 7.5% per annum from the
date of petition till the date of realization. Dissatisfied with the quantum of
compensation awarded, the present appeal is filed.
3. Heard the submissions of learned counsel for both sides and perused
the record.
4. As seen from the material on record, the deceased was the elder sister
of the appellant. The Tribunal, while observing that the appellant was a
married woman and was not dependent on the deceased at the time of the
claim, declined to award any amount towards loss of dependency. Instead,
the Tribunal awarded Rs.10,000/- towards loss of estate, Rs.10,000/-
towards loss of love and affection, and Rs.5,000/- towards funeral expenses,
totaling Rs.25,000/-. Having regard to the injuries sustained by the
appellant in the said accident and the immense mental agony suffered by
her due to the sudden loss of her entire immediate family i.e, her sister
Padma, her parents, and another sister, this Court finds it reasonable to
award an amount of Rs.25,000/- in addition to the compensation awarded
by the Tribunal to meet the ends of justice. Thus, the appellant is entitled to
a total compensation of Rs.50,000/- (Rs.25,000/- + Rs.25,000/-).
5. In the result, this appeal is partly-allowed and the compensation
awarded by the Tribunal is enhanced from Rs.25,000/- to Rs.50,000/- with
interest @ 7.5% per annum from the date of the claim petition till the date of
realization. The respondent Nos.2 and 3 are directed to deposit the entire
compensation amount with interest within a period of two(02) months from
the date of receipt of a copy of this judgment. On such deposit, the appellant
is entitled to withdraw the same without furnishing any security. No order
as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand
closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
Date: 25.03.2026
Bw
