Partly allowed

The Oriental Insurance Co. Ltd., Hyderabad v. M Raveena, Hyderabad and 3 Others

Telangana HC9 Jun 2023MACMA/3973/2014

Case brief

AI extract

What is this about?

The High Court allowed appeals in part against the Motor Accidents Claims Tribunal's award. It enhanced compensatory damages to Rs. 20,60,121 based on leaving prospects calculations and adjusted future prospects for minor children. Interest rate was increased from 7% to 7.5% per annum.

What did the court decide?

Compensation reduced to Rs. 20,60,121 with interest at 7.5% per annum from filing date to realization date.

The Oriental Insurance Co. Ltd., Hyderabad Vs M… — Motor Accident Claims | Telangana HC (2023)

¶1

[³³⁰⁴¹

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

FRIDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE NAMAVARAPU RA"'ESHWAR RAO

¶6

M.A.C.M.A.NO: 3973 OF 201 4 AND't04 0F 2016

¶7

M.A.C.M.ANo.3973 ot 2014

¶8

(Appeals Under Section 173 of M.V,Act against the Order and decree made in MVOP.No.2570 of 2011 dated 30-6-2014 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal - cum - lX Additional Chief Judge, City Civil Court at Hyderabad).

¶9

Between:

¶10

The Oriental lnsurance Company Ltd, rep by its Divisional Manager, DO-1, P.8.No.11, Legal, 3rd Floor, Oasis Plaza, Tilak R<jad, Abids, Hyderabad - SOO OOt.

¶11

...APPELLANT/RESPONDENT No.2

¶12

AND

¶13

1 . Smt.M.Raveena, W/o Late Sri.M.Sadanandam, aged 39 years, Occ: Housewife

¶14

Ms.M.Anusha, D/o Late Sri.M.Sadanandam, aged 19 years, Occ: Student

¶15

M Avinash, D/o Late Sri M Sadanandam, aged 16 years, Occ: Student [Respondent^{No.3 is the minor rep} by^his mother and^guardian i.e. Respondent No.1 )

¶16

All are R/o H.No..10-243/8, Vasanthapuri colony Malkajgiri, Hyderabad.

¶17

....RESPONDENTS/CLAIMANTS

¶18

Smt. S Venkatalaxmi, Wo Sri S Narayana, Occ: Business Rl/o H.No.1-711712, Kamala Nagar Near Ayyappa Swamy Temple, ECIL, Hyderabad [Owner^{of HondaActive bearing No.AP-2--AL-60381}

¶19

(Petitioner No.3 is declared as major and petitioner No.'1 is discharged by the order of the Court dated 09-06-2023 in LA.No.'t of 2022 in MACMA.No.3973/2014)

¶20

...RESPONDENTS

¶21

M.AC.M.ANo.{04 of 20{6

¶22

Between:

¶23

Smt.M.Raveena, W/o.Late M.Sadanandam, aged 43 years, Occ: Housewife 2. M.Anusha, D/o.Late M.sadanandam , aged 23 years, Occ: Student

¶24

M.Avinash, Sio.Late M.sadanandam , aged 21 years, Occ: Student

¶25

All residents of H.No.10-2463/8, Vasanthnagar Colony, Malkajgiri, Hyderabad.

¶26

...APPELLANTS/PETITIONERS

¶27

AND

¶28

¶29

1. S.Venkatalaxmi, Wo.S.Narayana, Aged: Major, Occ; Business Ryo.H.No.1-711712, Kamata Nagar, Near AyyappJSwamy Tempte, eCtf_., AyAeia6lJ.

¶30

The Orinental lnsuranc-e Co Ltd, re_p by its Divisional Manager O/o.DO_|, pb No.11, lll floor, Oasis^plaza, Tilak RoaO, RUias, Hiderabad.

¶31

...RESPONDENTS/RESPONDENTS

¶32

counsel for the Apperrant and Respondent No.2 in M.AC.M.A.No.104 of 20r6: SMT.A.JAYANTHI

¶33

Counsel for the Respondent Nos.1 to 3 and Appellant in MACMA.No.104 of 2016 : SRI.JAGATHPAL REDDY KAS| REDDY

¶34

The Court made the following Common Judgement : -

¶35

RRN I {.\Cl{,\ \os .l9l.i ol 2011 M^('MA No l0.1 ot 2(ll6

¶36

THE HON'BLE SRI JUSTICE NAMAVANAPU RAJE,SHIflAR RAO

¶37

M.A,C.M.A.Nos.3973 of 2O14 and 1O4 of 2O15

¶38

COMMON JUDGMENT:

¶39

These two appeals are being disposed ol by this common judgment since M.A.C.M.A.No.3973 ol 2Ot4 liled by the Oriental Insurance Company Limited and M.A.C.NI.A.No.1O4 of 2O 16 hled by the claimants seeking cnhancement of the compensation, a-re directed against the very same order ard decree, dated 30.O6.2014 passcd in O.p.No.2S7O ot 2O1t on the Iile of the Motor Accidcnts Claims Tribunal-cum-lX Additional Chief .Iudge, Citv Civil Court, Hyderabad (for short "the Tribunal").

¶40

For the sake of convenience, the parties are hereinafter referred to as they were ar-raved betore the Tribunal.

¶41

The brief facts of the case a.re as lollovvs :-

¶42

The petitioners claimants, u,ho are the w.ife and children of M.Sadanandam (hereinafter relerred to as^,the deceased,) have hled a claim petition claiming compcnsation of Rs.25,OO,O0O/- on the accounr oi the death of the deceased, who died in a ntotor vchicle accident thaL occurred on

¶43

¶44

lili.1 \1.( \T\ .. r\r-r otll)ll \1, ( \t.\ . , !or L,ilo ('

¶45

01.09..10r I According ro tlte claimanls. cr ll.Ocl.2Oi0 at aboL-Lt ':t:.i;-i , rn., *,hilc the dr:ceased rval; goirrr, it'. r'a1k b1, the sicle t>l lhe road towards GHMC I(apra anrl whcn he reacherl li: tr ann Photo Sturlio, Kapra, one H o tda Activa bearing N,t.. rl;-29-AL-603g driven by its irivr:r. .n ir rash and ,eglige.t rlli n n€r, dashed against the decease.c . clu: to r,r.hich, the decerrs cl feii down and sustai;-recj f,rtaj injuries. lmmcdirttcl', iLfter thc accident, the deceaserl rr.:Ls shil-t-ed to RaQhar', nor r -{.,spital. Hlcler;rbad, rr.hcrr t}ri. r.l ui.i ilLicior.s cleclareci tha he was brought as dead. ()n zr c,)tn Dlzrrnt. the police. I{r:s;r rilpda, registered a case in Cr. \o.52rl of 20lO against thc. driver of the crime vehic e fbr thc ollcnce punishable I nder Secl ion 3O4 A IpC. I.[cr.c,:. tltc clarrrr netiIior-r

¶46

Befcrc t rt,^'l'ribuntrl. as respondent I\ o. I ltzis rrot liled a counter, hi,. r g-rt of filing counter is forfeit,:d_ lR::,1tor-rdent No. 2 has liled L counter denying the manner irr u hich the accrdent 166ris place and also Cenied the irge , ii\ Jcz.tioit alid income of r.l-r^. dr:ceased. It is also conte;r:l ..cl thzt the compensation claimed is excessive ald pra,,erl t: dismiss tl.re clain-r-pe tittor

¶47

¶48

RRN.J II.\CMA Noj i97l01 201{ MACI'lA No 10,1 of 2016

¶49

On behalf of the petitioners-claim an ts, P.Ws. I to 3 were examined and Exs.Al to 46 were marked. On behalf of the respondents, none were exarnined but marked Ex.B1-copy of policy.

¶50

After considering the oral and documentary evidence available on record, the Tribunal heid that the accident occurred due to the rash and negligent driving of the driver of the crime vehicle and accordingly au,arded an amount of Rs.23,94,01l/- with interest @ 7 Vo per annum lrom the date of petition till the date of realizarion to be paid by the respondents I and 2 jointly and severally. Challenging the same, M.A.C.M.A.No.1O4 of 2016 is filed by the claimants seeking enhancement of compensation and M.A.C.M.A.No.3973 of 2014 is filed bv rhe lnsurance Company.

¶51

Learned counsel appearing for the Insurance Company (appellant in MACMA No. 3973 of 2Ol4l has submirred since the son of the deceased was appointed as Junior Assistant on compassionate grounds, the claimants are not entitled to future prospects. It is further submitted that though the annual income of the dcceased exceeded the tax lim it, the

¶52

if '. 1 . .\ \ ,\ \o. r.r.r r,t l0tl \l ( \1.\ ,, I rl ,,r la)1/,

¶53

Tribr-rneri r r'^'el ln lot deducting the inconrc tax n,hile computinEl t ri: krss oi' dependency and the 'lrir. lr)al ought to have dedu:'l cl 2ool, of the income torvards incorne tax. lt is also sul-mrtt cL that the Tribunal did not c()nsider. the fact that thc drir,,:r c 1' tlte crimc vehicle \/as not having a valid clriving Iicence rrt t lt : I irrre of tl're accident and lte is traving only a learner's 11( ()I c l

¶54

On thc )1 ner hancl, the learned couns;el for.^-l-re claimants (a1.,1.reiitrr Lrs r ivi.A.Ct.iri.n.i.io. i04 oi 2016) has r;Lrbrrirteci Lhat as lrer Li'e jtrr g-nenr of tire Apex Court in Notiot:.r_tl lnsurance Compang I;, mited Vs. Pranag Sethi and othersr thc claimants rrr, -:ntitled to [uLure prospects rln,1 Rs.77,000/under cot1t,,-'n i.nal heads but the Tribunal did 'rr,t ar.r,ard any luture f)roslt r( ts and alr,,arded Rs. 15,C0C/- on y undeiconvenlic'nzrl . c,ads. Thcrefore, it is argued that tlre ncotnc of the dece:rscrl lrv be taken into consideraticn b.y ;:1ding fulure prospect-s [or :rssessinq loss of dependenr;y arrcl p:zrYing to enhancc tlt,. i; me. tt is lastlY contendec tl^rat ii-ir: aatt, of i.ntcrcst ai,.:rrd :t b_r, the triburtal at 7 o,/c per anl-iuri is lor'ei- and it should -rc rn )re than 7.504.

¶55

'^{2a17 AcJ?loc}

¶56

¶57

R RN.J Il,( N1A No\ ]97f ol-201.! \14(_\lA No I0.1oll0l6

¶58

A perusal of the impugned orde r discloses that the Tribunal having framed Issue No. 1 as to whether the accident had occurred due to rash arrd negligent driving of the vehicle by its driver, and having considered the evidence of p.W.3, an eyewitness to the accident, coupled with the documen tary evidence i.e., Ex.Al-F.I.R., and Ex.A2-charge sheet, came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the Honda Acriva and has answered in favour of the claimants and against the respondents. Therefore, there are no reasons to interfere with the finding of the Tribunal that the accident occurred due to the rash and ncgligent driving of the driver of Honda Activa bearing No.AP 29 AL 6038.

¶59

I O. As regards the contention of the learned Standing Counsel appearing for the Insurance Company that the driver of the crime vehicle was not having a valid dnving licence at the time of the accident and therefore, the Insurance Company, is not liable to pay compensation, the Tribunal has categorically observed that once the lnsuralce Company takes plea that the driver \ ,.as not having a valid driving licence at the time of the alleged accident, the 2"d respondent has to

¶60

¶61

It.i \l ( \l\ ,,. iirll otl )1.1 \T,'( \l,\ f. ll)Jft lr)16

¶62

issue ri.)tr,_-' ,o borh R I ar-rd the driver of Fl ro furnish the driving lir:: r< e particulars, but no proof is ll :d by the 2.d responrlerr: .;r1e, ot-r this aspect. Moreover, Ex.t:1 shorvs that as or-r thc cz rr of the allegecl accident. the insur a:rce policy was in lorcc an( I hc crimc 'ehicle sta.ds in the -r,,rm. of the 1,r responcicni. Ihercforc, taking into consrdera_i,rn Ex.[]1. the Tribiinzri ()l) r1,rci that ut-rdolrbtedly as on the, cj etc of alleged acciden'., th, l"t respondent iras having ,,alicl cl:.iving licence, and mot-cr-,,, r r-, in the chal-ge sheet alSo t herr: l:; no m ei-rtiOrr that thi. ertr used rrioiareci the terms anrl cotrclitions of the polic5' ancl tl r:r efore, tltere is no violation c n th<: part of {he l.r respondcnt. Thereforc, taking into consideral.i tr-r of lfx.B_1 cot-rpled \'i tl not lesJltng clriving licen<:c 1tirr. ,icrtlar.s;. the Trih,r'.al ],.. iii_L! 'l..,, iii(i! uuiir^{L^,r.} -^.rL-si)oitdeitt l',ios. i aurci 2 ar,: iiabie to pa.' coml)errs, tion

¶63

I1. As re;1e r<[s the age ol the deceased is c:ncerned, considering i.- <s.A 3-lnquest Report and Er:.A4.1)..\4.t). Report, the Tribrrr-ra.l . ras rigl-rr.!.,. takcn the age of t re oe cl;ats:d as 53, r.r'hrch necdsr t-rr intcrfelrncc ltv tl.ris Court.

¶64

It is th(, .;1:ec.ilic co:ttention of the leartred ctr rnsel for tl_re Irtsurancr Ccr-r;;ant' therl since the age of the clcce:rsel u.as 54

¶65

¶66

R R.,I lvl^( MA \os lqTl ol 20ll ,{ACN,l^No l0,l ol 20l6

¶67

years and he is having leftover service only lour years and seven months, the Tribunal ought to have taken 507o of the net salary of the deceased and after deducting 1/3.a and multiplier up to his service, the remaining amount has to be calculated ald since the petitioners have received rhe death benefits and the son of the deceased was provided job on compassionate grounds as per the evidence of PW .2, the amount has to be deducted at the time of calculating the compensatron.

¶68

As regards the compassionate appointment to one of the legal representatives of the deceased, the Apex Court in VIMAL

¶69

KANWAR AND OTHE,RS Vs. IilSITORE DAN AND 0THE.RS2

¶70

held as under:-

¶71

"Compassionate oppointment" can be one of the cond.itions of seruice of an emploqee, tf a scheme to tLnt effect is framerl bu the emplouer- In case, th.e emplouee d-ies in harness i.e. uhile in seruice leauinq behind the dependents, one of the d_epend_ents moll request for compassionate appointment to maintain the familu^of the deceased emploqee dies in harness. This carunt be stated to be o.n advantaqe receiuable by the hetrs on occount of one's death and haue no correlation uith the amount receiuable under a statute occasioned on account of accidental deoth. Conpossionate oppointment mau haue nexus u.tith the d.eath of an emplogee Luhile in seruice but it is not necessan) that it should haue a cotelation u.tith the accid.ental death. An emploqee dies in Ltamess euen in normol course, due to illness and to maintain the famtlu of the deceased one of Lhe dependents mau be entitled for compassionote appointment but that connot be termed as " Pecuniaru Aduantage" tha, comes under the peiptrcry of Motor Vehicles Act ond ona amount

¶72

2 20t3 ACJ t 44t

¶73

Rt,^{ I ' ' \l ,(r\ :.1_i} .t l0ll \1 ( Nl,\ \o lrl,'1 2016

¶74

¶75

re.('iLi;.tl a, i sllcll rl)po\ttnlent ts not. iiQblt. lo- ,it:llcLrctn jot de.arr tv t'ior o,[ c<nttper tstttictn tltdcr the ,\ito or Vi:lri /e,s Ar:1. ''

¶76

On thr: sarne issue, learned counsej for _l:re l)etitioners relied ulron lre judgrnenr of rhe Apex Court it IT1ATIONAL IMURANCE COMPANY LIMITED Vs. REB'HABEN AND O?IIERS3.

¶77

in ''ier' ri tire aforesaici judgmcnrs o[ thr: F 1: _.x Court, the amount rcc.'vi:rd by the claim:rnts lrom the r:rnttlo.ler of the deceasec to$ r.1d5 dearh !:er-rclit-s, need r-ror^'be L,.ducted from out of tl-ri: .()t rl )eltsati()n arrir,ecl under the Moror Veiticles Act Therelorr'. t]r, rc is no lorcc rrt rhe alorcsard <:orrtention of the learned Sta-( Lrg Colrnsel arppezrnng for the 2,.,1 rer.pondent

¶78

h-rs,rfar ,r:; Lhe ir-rcorne o{- the decezLsed is: c,tncerned accordinli tr> h : ,:laimunts thc dcccased ,\ as wo kirrg as Jail Warder at C)c, tral Prison Chcrlapalll'. Hr.,derabarl .rr-rr[ he used to earn a srr.r c,f Rs.25,I 221- pr:r montl-r. '['o pro,,e the same, the clainrarri: producr:d Ux.A6. salary cr,rtificeLte. As per E'- Ae. +1.^ -J--.^^^^r -,. !.-.i ru, Liiu ii(t .caseo ^'AS ge ttii'ig a salar]' ,ri Rs.,,3,507/- per month. Api r-t ft-o rn the samc. thc claimar-rts z:rc e-rtitled to addition r- f 1 ij( , tou,ards futllre prospects as per th{r dr:cision of '2ot/ 15) Ar^r 7 isi

¶79

¶80

RRN., MAC|ti Nos l97t ('I20t.r MACMA No. 104 ol 20t6

¶81

the Hon'ble Apex Court in pranay Sethi (supra). Thereforc, the monthly income of the deceased comes to Rs.22,033/_ (Rs.23,507/- + Rs.3,526/- being 15% thereof). In Scrlc Venna and. others u. Delhi Transport Corporation< the Apex Court has categorically held that while assessing the income of the deceased for compensation, the gross salary minus income tax shall be taken as the income. The annuai income of the deceased comes to Rs.27,033/_ x 12 Rs'3,24,396/-. As per the income tax srab for the financiar year 2OO9-2O\O, income tax at 2Oo/o is to be deducted from Rs.3,24,396/-, which comes to Rs.64,g79/. After deducting income tax the income of the deceased comes to Rs.2,59,517/ . Out of which, 1/3.a is to be deducted towards personai and living expenses of the deceased. After deducting l /3.a amount, the contribution of the deceased would be Rs. 1,73,01 1/ _- Since the age of the deceased was 53 years at the time ol the accident, the appropriate multiplier is ,11, as per the decision of the Apex Court reported in Sarla Verma (supra). Adopting multiplier 'I I ', the total loss of dependency comes to Rs. 1,73,01 1l- x l t = Rs. tg,O3,12l l-. Thar apart, as per the decision of the Apex Court in pranay Sethi (supra). the " 2009 ACJ t298 (S(.)

¶82

Itt

¶83

I? I\ .( \l \f. r.r-rt,illrl{ \l r'\r \rr I 1l,rl ll)16

¶84

claimants at'r: cntilled to Rs.77,000/-^{under- the <:on'retrt iol-ra1} heads, therr:l-c^-c the amount of^{Rs.1 5,000/ - atvrr -ded bv the} Tribunal ts Ltt r: b'y enhanced to Rs.77,000,'-.^{lLr vie'u' o[ the} judgment ol'^'h,: Apex Courl- in Magma Cieneral^Irrsurance Company Lin ited v. Nanu Ram (i Chuhru^{Ranr rrntl othcrss} claimant Nos l and 3, being thc children^{ol'the (lilceased,are} entitled 1.o Il .'|.0,000/ each lou'ards^{pal'errt l.collsortium'} Thus, in ri11, tl e claimallis ar-c^{crr'rt t1ed. to Rs 2tl.ti'r 12 t/-}

¶85

17 . Insofa- r; the lnterest aq'arded^{b:'tl-rt: Tribun:r1is} concerned, th : claimants trrc^{crrLitledto trrtcre:s t ttj 7.-to,'" per} annum on the t:ompensatloll^{au'ardeci6-v 1['l 'l r:t'urnal frorn the} date of filing rf O.P. till realizatton,^{as per thc <[c:isjon oI the} Apcx Court n Rajesh and othcrs^{v.Rajbir Singhand} others6. -Iie r,:c. the interest^{granted bY lht: 1t- 6]unal tiit, 7ok} per annum is ir thancecl Lo⁷ .5"1,^per annuln^.

¶86

Accorriir g r,, both thc allpeals^{arc allos ed i I} 1rart.^The compe nsatirtl:^. r.nlcunt ar'.'arclcrl^{b1'- the 'l-rilltrl',11 shereby} reduced fr,rn Rs.23,9'1,01^I /^{toRs.2O.6O'12 l-l-(Rtrpees} Tu,enty lakh. sixrv tl-tousatld.^{one l-ntndrt'dar cLr''e trtY one} '(zol8)^{t8 s( c Elr} 6 20 I :t ACJ L.+O.l o 13 tll Al.'l 35

¶87

¶88

I{RN, ' \1( M.-\ No\ lqTi ofl0lJ [.14( \t-\ (\ t(,I (,t:0t6

¶89

I !

¶90

onl,v) together with interest at 7,501, pcr annum from the date of petition till the date of rea_lisation. The said amount shall be apportioned arnong the claimants in the same proportion in which original compensation amounts were directed to be distributed by the Tribunal. The time to deposit the compensation is two months from the date ol receipt of a copy o[ this judgment. On such deposit, the claimants are permitted to withdraw their rcspective share alnounts wrthout furnishing any security. No order as to costs

¶91

As a sequel, misccllaneous applications, if any pending in the appeal, shall stand ctosed

¶92

¶93

Sd/.K.VENKAIAH ASSISTANT REGISTRAR //TRUE COPY// ctD SECTION OFFICER

¶94

1 . The Motor Accidents Ctaims Tribunat _ cum _ lX Additionat Chief Judge, City Civil Court at Hyderabad. 2. One CC to SMT.A.JAYANTH|, Advocate [OpUC] 43. . Two One CC CD Copiesto SRI.JAGATHPAL REDDY Xnbl neObV, Advocate [OpUCl

?h!-

HIGH COL F:T

DATED:09^t0t6l2023

COMMON JUDGMENT

MACMA.N cs.3973 of 2A14 AND 1O4 cf 2016

¶101

,.: :-I\
-a
/,' TA rr -..r
,1 .\
) . .f:. .. \
')
-] $UB 1$B t,l
 )
'1' .
t.:.

¶102

ALLOWIN,i THE APPEALS IN PART WITHOUT COSTS.

¶103

(.
-) \ i'5
1L "a-
("''

¶104

[³³⁰⁴ ]

¶105

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶106

FRIDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE

¶107

PRESENT

¶108

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

¶109

M.A.C.M.A.NO: 3973 0F 2014 AND 104 0F 2016

¶110

M.AC.M. 4No.3973 ot 2014

¶111

Between:

¶112

The Oriental lnsurance Company Ltd, rep by its Divisional Manager, DO-1, P.B.No.1 1, Legal, 3rd Floor, Oasis Plaza, Tilak Road, Abids, Hyderabad -500 001.

¶113

...APPELLANT/RESPONDENT No.2

¶114

AND

¶115

1.Smt.M.Raveena, Wo Late Sri.M.Sadanandam, aged 39 years, Occ: Housewife 2.Ms.M.Anusha, D/o Late Sri.M.Sadanandam, aged 19 years, Occ: Student 3.M Avinash, D/o Late Sri M Sadanandam, aged 16 years, Occ: Student [Respondent^{No.3 is the minor rep by his mother andguardian i.e.} Respondent No.1 )

¶116

All are Rl/o H.No.10-243/8, Vasanthapuri colony Malkajgiri, Hyderabad.

¶117

....RESPONDENTS/CLAIMANTS

¶118

4.Smt. S Venkatalaxmi, Wo Sri S Narayana, Occ: Business Rlio H.No.1-7-117l2, Kamala Nagar Near Ayyappa Swamy Temple, ECIL, Hyderabad [Owner of Honda Active bearing No.AP-2-AL-60381

¶119

(Petitioner No.3 is declared as major and petitioner No.1 is discharged by the order of the Court dated 09-06-2023 in l.A.No.1 of 2022 in MACMA.No.3973/2014)

¶120

...RESPONDENTS

¶121

M.AC.M.AN o.104 of 2016

¶122

Between:

¶123

1.Smt.M.Raveena, Wo.Late M.Sadanandam, aged 43 years, Occ: Housewife

¶124

2.M.Anusha, O/o.Late M.Sadanandam, aged 23 years, Occ: Student

¶125

3.M.Avina: h. S/o.Late M.Sadanandam, aged 21 '/ears, 3:ic: S;tudent

¶126

All residen s of H.No.10-2463/8, Vasanthnagar C:lony, Malka giri, Hyderabad.

¶127

...APPELI..ANTSi/PETITIONERS

¶128

AND

¶129

l.S.Venkat:rlaxnri V1//6.$.[216ysna, Aged: Major, Occ; []usrne:;s R/o.H.No 1-711712, Kamala Ne1ar, Near Ayyappa Swamy Temple, E,llL, Hyr:erarad.

¶130

2.TheOrinenta Ir lurance Co Ltd, rep by its Divisional lVanager,.)/o )O-1, Pb No.11, lllfloor, Oasis Pla:a Tilak Road, Abids, Hyderabad.

¶131

...RESPONDE^\I1 S/F:ESPONDENTS

¶132

Appeals [..1r dr:r Section 173 of M.V.Act against lhe Orrle^- and decree dated 30-6-2014 nrade i I I\IVOP.No.2570 of 2011 on the file cf the C.o.rrt cf the Charrman, Motor Accidents⁽ la ms Tribunal - cum - lX Additional^,lhief ,u,_ge, City Civil Court at Hyderabad

¶133

Thesr: acp rals coming on for hearing and upc n perrrsing the grounds of appeal, the .Judgn er t and Decree of the Lower Court arrd ther n,rterial papers in the case and upon hr aring the arguments of SMT.A.JAY,CNTH I, for the Appellant and the Resl ondent No.2 in MACMA.No.'04 ,)f 2t)16 and of SRI.JAGATHPA - TEDDY KASI REDDY, Advocale for he Respondents 1 to 3 and Appella rt:; in MACMA.No.104 of 2016.

¶134

This Courl doth Order and Decree as follows

¶135

1 . That the⁽ iv I Miscellaneous Appeals be ard her:l:y a re allowed in part.

¶136

That the , ornpensation amount awarded lty the lrit,unal be and hereby is'educed from Rs.23,94,0111 to Rs.2C,60,1211 (Rupees twenty lak r, sixty thousand one hundred ancl t//enty one only) together w lh interest al7 .sok per annum frorn the d;,rte ,:f petition the date of rea ization.

¶137

That the s rid amount shall be apportioned among the claimants in the same )rf,portion in which original comoens€ti,:)n ,tmoLlnt were enhanced ) le distributed by the tribunal.

¶138