THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR M.A.C.M.A. No.2477 of 2017 JUDGMENT: (per Hon’ble Justice Gadi Praveen Kumar We have heard Sri A.Ramakrishna Reddy, learned counsel appearing for the appellant and Sri Yara Shiva Kumar, learned counsel representing Sri A.S.Narayana, learned counsel appearing for respondent No.2.

2. The present MACMA is filed by Insurance Company being aggrieved by the order dated 28.03.2017 passed in M.V.O.P.No.1615 of 2011 by the Chairman, Motor Accidents Claims Tribunal-cum-XIV Additional Chief Judge (Fast Track Court), City Civil Courts, Hyderabad (for Short ‘the Tribunal’) insofar as allowing the claim of the claimants granting compensation of Rs.27,86,500/- along with interest at 7.5% per annum from the date of the petition to till the date of deposit with proportionate costs, as arbitrary.

3. The facts leading to the filing of MVOP before the learned Tribunal are that on 04.02.2010 at about 9.30 a.m. while the deceased Mangali Abhilash s/o.Agamaiah was traveling as pillion rider of motor cycle bearing No.AP-11AE-6780 driven by one Ahmed Abdul Lateef from Hyderabad to Dundigal side and when they reached near Maisammaguda X Road of Qutubullapur Mandal, Ranga Reddy District, the driver of DCM Eicher vehicle bearing No.MH-31CQ-4641 coming from Bachupalli village towards Hyderabad at high speed in a rash and negligent manner while trying to overtake an unknown vehicle at a deep curve, hit the motor cycle of the deceased in opposite direction, resulting which, the rider of the motor cycle Ahmed Abdul Lateef fell down and died on the spot while the pillion rider deceased Abhilash sustained head injury and multiple fractures.

4. Immediately after the accident, the deceased Abhilash was shifted to Balaji Hospital, Kompalli and thereafter to NIMS Hospital, Punjagutta on 07-02-2010, where he underwent treatment upto 10.06.2010 and later was shifted to BGS Hospital, Bangalore on 11.06.2010 for better treatment. The deceased was again shifted to Global Hospital, Hyderabad on 30.11.2010 and later shifted to Gandhi Hospital, Secunderabad on 01-12-2010 and underwent treatment upto 03.12.2010. Due to the deteriorating condition of the deceased, he was shifted to NIMS Hospital, Hyderabad on 03.12.2010, where he succumbed to injuries on the same day.

5. Respondents/claimants contended that the deceased was pursuing B.Tech Engineering course and was a meritorious student with brilliant academic record bringing laurels to the College by participating in National Talent Events and winning medals. The deceased was recognized for inventing a remote-controlled helicopter within 8 K.Ms. range, which received public and media attention. The deceased also invented 17 formulas, and recognizing his brilliance, one A.Raghavender of Hyderabad established “HAWK’s Aero Modeling” (model of Aero Plans) at Sultan Sahi, Hyderabad. A partnership firm was established between the deceased Abhilash and A.Raghavender under registered deed dated 15-01-2010. The deceased also used to tutor the students of 1^st to 3^rd year Aeronautical Engineering students and earn Rs.50,000/- p.m. The deceased noted to have a brilliant future due to his inventions and would have earned significant monthly income had he been alive.

6. The respondents/claimants further contended that they seek compensation for the untimely death of the deceased, claiming loss of present and future earnings and they became bankrupt due to the death of the deceased, and they asserted that the deceased had a high earning potential of Rs.1,00,000/- p.m. due to his inventions and accolades. Therefore, approached the learned Tribunal by way of MVOP No.1165 of

2011 under Section 16 of the Motor Vehicles Act, 1988 (for short ‘the Act’) and Rule 475/1B of the A.P.Motor Vehicles Rules, 1989 r/w Section 140(c) of the Act claiming Rs.60,00,000/- towards compensation from the appellant.

7. Before the learned Tribunal, the 5^th respondent herein, and

1^st