High Court allowed appeal by claimants against Motor Accident Tribunal award of Rs.3.38 lakhs, enhanced compensation to Rs.6.645 lakhs under Section 173 of MV Act, dismissing insurer's appeal under same section.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3230 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
IVIONDAY, THE TWENTY SEVENTH DAY OF FEBRUARY . TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
M.A.C.M.A. NOs: 2819 OF 2009 AND s49 OF 2010
M.A.C.M.A. NO: 2819 OF 2009:
Appeal filed under Section 173 of Motor Vehicles Act against the order and decree dated 04.04.2009 made in OP.No. 2OO7 of 2007 on the file of the Chairman, Motor Vehicle Accidents Claims Tribunal cum XVI Additional Chief Judge cum ll Additional Metropolitan Sessions Judge, Hyderabad
Between:
Bajaj Allianz General lnsurance Company Limited, Represented by its Manager Office at 3rd Floor, Saphire Complex, Somajiguda Circle, Hyderabad
...APPELLANT/RESPONDENT NO.2
AND
,..RESPONDENTS.I TO 4/PETITIONERS
...RESPONDENT No.5/RESPONDENT No.1
MACMAMP. NO: 4012 OF 2009
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition. the High Court may be pleased to stay the operation ofjudgment and Decree dated 04.04.2009 made in OP.No. 200712007 on the file of the MACT cum XVI Additional Chief Judge cum ll Additional Metropolitan Sessions Judge, Hyderabad pending disposal of the appeal
Counsel for the Appellant: SRI A. RAMAKRISHNA REDDY
Counsel for the Respondent Nos.1 to 4: SRI M. RAMALINGESWARA REDDY
Counsel for the Respondent No.5: SRI KOTA SUBBA RAO
M.A.C.M.A. NO: 549 OF 2010 :
Appeal filed under Section 173 of Motor Vehicles Act against the order and decree dated 04.04.2009 made in OP.No. 2OO7 ot 2007 on the file of the Chairman, Motor Vehicle Accidents Claims Tribunal cum XVI Additional Chief Judge cum ll Additional Metropolitan Sessions Judge, Hyderabad
Between:
AND
...RESPONDENTS/RESPONDENTS
Counsel for the Appellants: SRI M. RAMALINGESWARA REDDY
Counsel for the Respondent No.1: SRI KOTA SUBBA RAO
Counsel forthe Respondent No.2: SRI A. RAMAKRISHNA REDDY
The Court delivered the following: COMMON JUDGMENT
HON'BLE SMT. JUTICE LALITHA I(ANNEGANTI
M.A.C.M.A.No. 2819 of 2OO9 AND M.A.C.M.A.No. 549 of 2O1O
COMMON JUDGMENT:
Aggrieved by the Award dated O4.04.2009 in O.P.No. 2OO7 of 2OO7 on the file of the Motor Accidents Claims Tribunal-cum-XVI Additional Chief Judge-cum-ll Additional Metropolitan Sessions Judge, Hyderabad, the Insurance Company filed M.A.C.M.A.No. 2819 of 2009 and the claimants filed M.A.C.M.A.No. 549 of 2010.
-)
Ramalingeswara Reddy submits that the Tribunalhas takenthe monthly income of the deceased at Rs.4,5OO/- by deductingone- third instead of taking the monthly income atRs.l0,0O0/- to Rs. I5,O0O/-. He submits that for his age, multiplierapplicableis '10', but the Tribunal has taken it as'8'and also the Tribunal instead of granting interest at 9o/o, granted 7.5% only.
8, The deceased was a retired employee.He workedas the lnspector of Police and was drawing monthlypensionof Rs.9,563/-. Even after the death of the husband,the i*claimant is receiving half of the pension. Hence, the incomeof thc dcceased can be taken as Rs.4,782/-. As he was aged about58 years, l57o future prospects would come to Rs.7 17/- i.e. Rs.S,499roundedoff to Rs.5,5O0/-. For twelve months it would beRs.5,500 l-x 12 = Rs.66,O0O/-. As there are fol. r claimants,ifone-fourth (Rs.6,500/-) is deducted it would corne to Rs. 49,5OO/-.As per the judgment of the Hon'ble Apex Coult in No,tional Insurance Compang Llmited o. Pranag Setlz,il, themultiplier is taken as 9'. Then it would come to Rs.4,45,O00/-For four claimants ie' wife, daughter, son and father, consortium isRs. 1,76,OO0/-, funeral expenses are Rs.33,000/The total compensationwould come to Rs.6,5a,5O0/ -.
'(zotz)to sccoao
4
r) . ln rh:rt r..icrl of the matte r, Lh: Appcal oI thc
lnsurunci: Jr,mpgp_y,.a, M.A.C.M.A.No. 281,) of 2a,( )9 is dismissed. No or<lcr its to costs.
IO Thc aplt<'llan ls tn M.A.C.M.,.No.ti 1l c,t 2OtO are entillcd t() r 1c a:nount under the following heacls:
H ea,.l Compen sati I n a u,ardecl (l) I-oss ri incontc Rs.4.45 5C(t,' (2) Conr;o ri, rnr Rs. i ,76.OOtr , (13 ) Fr-trtr:r-l I txltenses Rs.33,O007 (a) L(,gai € {I)cns(.s Rs. 1C,OOO7 (51 Tolirl compcnsatior.r Rs.6,,r4,50 I i -
I L rn thc rcslrlt. M.A.C.M.A. No. 5.1g of llr) lc is allon ed cnhanc i'rg tlic cornpc.nsation amount awarded :1, [he Tribunal lronr [is..l, ]8,Oilo/ r-o I?s.6,64,S00/- as under:
i:r)T re cnhanccrl arrotlnr shall carry inlero; at 7 .So/tt p.a. lrorn rl.c ,late ol pr:tition till the datc cf r.cal;;;Llior.r. (b) "hc clzrrnlr r.rts a re entitled to th : antount as iiJ)l).r. ti,)n.t(l ltY titc Tribunal.
lc)'[ rr Insrrr;rrrcc company shall cleposit thr amount u,it hir ; r pcr iod of eight u,eeks from the da .,: of rcceiDt o[ collt o1 .jurlgmcnt. On such deposit, ,tliumants are enlitk I tc, u ithrlrau. their proportionatc r; tare wrthoLtt It:rn is ring ar.rr.slt.urjt-r..
)
t2
Pending miscellaneous petitions. if any, shali stand
closed
Sd,. K.VENKAIAH ASSISTANTREGISTRAR /ITRUECOPYI/ qD
SECTiONOFFICER
5.Two CD Copies
plp
VH
q
HIGH COURT
DATED:27 0212023
COMMON .IUDGMENT
MACMA.N< s.2819 of 2009 AND 549 0= 2010
I1 l:tl 2[n
DISMISSIN(; THE M.A.C.M.A. NO.2819 ()t 2009 AND ALLo\VING THE M.A.C.M.A.ruO.s49 0F 2010 WITHOUT C OSTS
[3230 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
M.A.C.M.A. NO: 2819 OF 2009:
Between:
Bajaj Allianz General lnsurance Company Limited, Represented by its Manager Office at 3rd Floor, Saphire Complex, Somajiguda Circte, Hyderabad
.,.APPELLANT/RESPONDENT NO.2
AND
...RESPONDENTS 1 TO 4/PETITIONERS
...RESPONDENT No.5/RESPONDENT No.1
Appeal filed under Section 173 of Motor Vehicles Act agalnst the order and decree dated 04.04.2009 made in OP.No. 2OO7 of 2OO7 on the file of the Chairman, Motor Vehicle Accidents Claims Tribunal cum XVI Additional Chief Judge cum ll Additional Metropolitan Sessions Judge, Hyderabad
ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the
case andupon hoar ng the arguments of Sri A Ramakrishna R'-'Cly'Advocate for the Appellant,Sri M.l1a nalingeswara Reddy, Advocatefor the Re l;ponrlents1 to 4 and Sri Kota SubbaRacAdvocate for the Respondent No 5
DECREE: Tlis Courtdoth Order and Decreethat the L'ecree of the Lower CourtbeandhereiyrsconfirmedandthisAppealisdismisst:'lan(lthisCourtdoth further orderand Dt cree thatthere be no order as to costs in tllis Appeal
Sd/- K. VENKAIAH ASSISTA!T REGISTRAR //TRUE COPY// ci,
SECTION OFFICER
q
HIGH COURT
DATED: 271tt212023
DECREE
MACMA.No 2819 of 2009
DISMISSIN(; THE M.A.C.M.A. WITHOUT C OSTS @lulrq - 5o. ffii
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
M.A.C.M.A. NO: 549 OF 2010
Between:
AND
...RESPONDENTS/RESPONDENTS
Appeal filed under Section 173 of Motor Vehicles Act against the order and decree dated 04.04.2009 made in OP.No. 2OO7 of 2O07 on the file of the Chairman, Motor Vehicle Accidents Claims Tribunal cum XVI Additional Chief Judge cum ll Additional Metropolitan Sessions Judge, Hyderabad
ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri ttil.Ramalingeswara Reddy, Advocate for the Appellants, Sri Kota Subba Rao, Advocate for the Respondent No.1 and Sri A.Ramakrishna Reddy, Advocate for the Respondent No.2
This Court doth Order and Decree as follows
Sd,'. K. VENKAIAH ASS I STAI',lT REGISTRAR //TRUE COPY// ( /.-' -11) :;EC;TION OFFICER
q
HIGH COUF T
DATED: 271)212023
DECREE
MACMA.No 549 OF 2010
ALLOWING THE M.A.C.M.A. WITHOUT( OSTS @pio S., -.---t'
2 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal was excessive justifying set aside of the award.
Whether the claimants were entitled to enhanced compensation compared to the Tribunal's award.
2 provisions across 2 enactments
Bajaj Allianz General Insurance Company Limited
S. Vidyasagar
Smt D. Laxmi Devi
Kum D. Venkata Laxmi
D. Srinivasulu
D. Yellappa
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
