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2026:APHC:6114

APHC010025142005

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3311]

(Special Original Jurisdiction)

Thursday, the twenty nineth day of January two thousand and twenty six

Present

The Honourable Ms. Justice B.S.Bhanumathi

M.A.C.M.A.No: 1702 of 2005

Between:

The National Insurance Company Limited, Guntur ...Appellant

and

Annam Radha Krishna Murthy and others ...Respondents

Counsel for the appellant:

1. Suri Babu Puppala

Counsel for the respondents:

B.Sudhakar Reddy and Neeraja Reddy

The Court made the following:

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M.A.C.M.A.1702 o2f0 2260:0A5P HC:6114

JUDGMENT:

This is an appeal filed under Section 173 of the Motor Vehicles Act,

1988 against the award and the decree dated 27.09.2004 in

M.V.O.P.No.1018 of 2000 on the file of the Chairman, Motor Accidents

Claims Tribunal-cum-IV Additional District Judge, Guntur.

2. The appellant is the respondent No.2, the respondents Nos.1 and 2

are the claimants and the respondent No.3 is the respondent No.1 before

the Tribunal. Respondent No.4 is added in this appeal as legal

representative of the respondent No.1 vide orders dated 11.09.2018 in

M.A.C.M.A.MP.No.5162 of 2015.

3. The claimants sought compensation of Rs.8,35,000/- on the ground

that they are the parents of Annam Hanuman Das (hereinafter referred as

‘deceased’) who died in a motor accident occurred on 09.07.2000 at about

9.30 A.M. while the deceased and another person were going on a motor

cycle bearing No.A.P.7J 8526 from Guntur to Mangalagiri and when they

reached near Krishna Hotel on N.H.5 road, opposite to Kanakadurga

temple, as a lorry bearing No.ATK 2455 hit the motor cycle due to the rash

and negligent driving of the driver of the lorry. The lorry was owned by the

respondent No.1 and insured by the respondent No.2. The claimants

pleaded that the deceased was aged about 33 years and doing business

and earning Rs.80,000/- p.a. and also used to pay income tax.

4. The respondent No.1 remained ex parte. The respondent No.2 /

insurance company filed written statement denying the case of the

petitioners and the claim.

5. On behalf of the claimants, the claimant No.1 was examined as

P.W.1 and marked Ex.A.1 – certified copy of F.I.R. in Cr.No.76 of 2000 of

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M.A.C.M.A.1702 o2f0 2260:0A5P HC:6114

Mangalagiri Rural P.S., dated 09.07.2000, Ex.A.2 – Certified copy of

charge sheet in C.C.No.567 of 2000 on the file of A.M.M.Court,

Mangalagiri dated 27.08.2000, Ex.A.3 – Certified copy of P.M.Certificate

dated 10.07.2000, Ex.A.4 – Certified copy of M.V.Inspector Report dated

12.07.2000 and Exs.A.5, A.6, A.7 – Income Tax returns. No oral or

documentary evidence was adduced by the respondent No.2.

6. The Tribunal assessed the income of the deceased at Rs.15,000/-

p.a. and adopted multiplier ‘17’ which is applicable to the persons aged

between 31 and 35 as shown in the Schedule-II to the M.V.Act, 1988.

rd

After the income so calculated, 2/3 was deducted towards the personal

expenses of the deceased. Thus, the Tribunal calculated amount of

Rs.1,70,000/-. In addition thereto, the Tribunal awarded Rs.2,000/-

towards funeral expenses, and Rs.2,500/- towards loss of estate as

general damages. Thus, a total amount of Rs.1,74,500/- was awarded as

compensation. The Tribunal granted interest @ 9% p.a. payable thereon

from the date of petition till the date of deposit. The Tribunal awarded

costs as well. The Tribunal made the respondents Nos.1 and 2 jointly and

severally liable to pay such amount to the claimants.

7. Aggrieved by the decree and the award, the respondent No.2 filed

the appeal mainly stating that the Tribunal erred in considering the age of

the deceased in applying the multiplier, whereas the Tribunal ought to

have adopted the age of the mother as per the decision of the Supreme

Court in U.P. State Road Transport Corporation Vs. Trilok Chandra

and others, 1996 ACJ 831 . The appellant further contended that the Tribunal awarded

excess amount of compensation by wrongly applying the multiplier.

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M.A.C.M.A.1702 o2f0 2260:0A5P HC:6114

8. Pending the appea