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.435 of 2019 DATE: 08.01.2026 Between:

SBI General Insurance Co. Ltd., H.No.6-2-46, Yeturu Towers, Lane Opposite Saleem Function Palace, AC Guards, Lakdi-ka-Pool, Hyderabad - 500 004 …..Appellant AND Smt. R. Swapnaand four others.

….Respondents.

JUDGMENT:

This appeal,under Section 173 of the Motor Vehicles Act, 1988, is filed by the appellant-insurance company, challenging the order and decree dated 11.12.2018 passed in M.V.O.P.No.304 of 2015 by the Chairman, Motor Vehicle Accident Claims Tribunal-Cum-XII Additional Chief Judge, City Civil Court at Secunderabad (hereinafter referred to as “the Tribunal”), whereby the Tribunal awarded compensation of Rs.24,27,980/-together with interest @9% per annum in favour of the claimants-respondent Nos.1 to 3 herein, for thedeath of one Ashok Johny(hereinafter referred to as “the deceased”)

in a motor vehicle accident.

2. The brief facts of the case are thaton 26.02.2015 at about 6.00 PM, when the deceased was travelling as a pillion rideron a motorcycle bearing No. AP 28BG 4082 near the HP Petrol Bunk at Yapral, Secunderabad, along with his friend, a lorry bearing No. AP 24TB 7063, driven in a rash and negligent manner, collided with the motorcycle, causing both riders to fall. The deceased sustained severe injuries after falling under the wheel of the lorry and was immediately taken to Yashoda Hospital, Secunderabad, and later shifted to NIMS, Hyderabad for further treatment, where he succumbed to injuries on 06.03.2015. A criminal case vide Crime No.99 of 2015 was registered by the police of Jawaharnagar Police Station, Malkajgiri, Cyberabadunder Section 337 of IPC against driver of the lorry. Stating that prior to the accident, the deceased was working as an Automobile Electrician earning Rs.15,000/- per month and the deceased was only breadwinner of their family and due to sudden death of the deceased, they are suffering mental agony, the claimants-respondent Nos.1 to 3 herein, being wife, mother and minor son of the deceased, filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.25,00,000/- on account of the death of the deceased.

3. Before the Tribunal, respondent Nos.1 and 2 i.e., owner and driver of the lorry remained ex parte. The respondent No.3-insurance company i.e., the appellant herein filed a counter, denying the accident as alleged and disputing the deceased’s age, occupation and income. It was contended that the driver did not hold a valid licence, the vehicle was not road-worthy and that the insurer is not liable. It was also contended that the owner and insurer of the motor cycle, who were necessary parties, were not impleaded and that the claim and interest are excessive, and prayed for dismissal of the petition.

4. The Tribunal, on appreciation of the oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the crime vehicle and awarded total compensation of Rs.24,27,980/- together with interest at the rate of 9% per annum from the date of filing of the claim petition until the date of deposit, payable by the respondents therein jointly and severally. Aggrieved by the same, the present appeal is filed by the appellant-Insurance Company seeking to set aside the award and decree passed by the Tribunal.

5. Learned Standing Counsel appearing for the appellant- insurance company contended that the impugned award is contrary to law and evidence;that the Tribunal erred in quantifying compensation on conjecture;that the Tribunal wrongly accepted uncorroborated evidence to fix the deceased’s income and ought to have adopted only notional income; that the award of interest by the Tribunal @ 9% per annum is excessive and should be reduced; and that overall the compensation with interest is excessive, warranting interference.

6. On the other hand, learned counsel for respondent Nos.1 to 3- cl