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.564 of 2019 DATE: 23.01.2026 Between:

Takire Lachum Bai and another …..Appellants AND Morle Krishna and three others ….Respondents

JUDGMENT:

This appeal, under Section 173 of the Motor Vehicles Act, 1988, is filed by the appellants-claimants, challenging the quantum of compensation awarded by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Asifabad (for short “the Tribunal) in O.P.No.111 of 2018 dated 27.09.2018 in their favour for the death of their son Takire Babaji (hereinafter referred to as “the deceased”) in a road accident.

2. The brief facts of the case are that on 04.02.2016, at about 3.15 p.m., the deceased Takire Babaji was proceeding from Kaghaznagar towards Ankusapur village on his two-wheeler (TVS XL) along with his cousin and when they reached near C.R.Nagar, a tractor-trailer bearing registration Nos.AP-01-AA-3856 & AP-15-V- 2951, being driven by respondent No.1 in a rash and negligent manner, suddenly collided with the deceased’s vehicle. As a result of the collision, the deceased fell on the road and sustained grievous injuries. He was immediately taken to Kaghaznagar Hospital and thereafter he was referred to Karimnagar Hospital, but he succumbed to his injuries at about 6.15 p.m. on the same day. Alleging that their son met with the accident solely on account of the rash and negligent driving of the tractor-trailer by respondent No.1 and stating that the deceased was aged about 25 years of at the time of the accident and used to earn his livelihood by way of selling vegetables and milk and doing agricultural work, and that he contributed to their maintenance, the appellants herein, being the parents of the deceased, filed the aforesaid claim petition before the Tribunal, seeking compensation of Rs.15,00,000/-, for the death of their son.

3. Before the Tribunal, respondent Nos.1 to 3 remained ex parte. Respondent No.4-insurance company filed counter denying liability, alleging that respondent No.1/driver did not have a valid driving licence at the time of the accident and that the claim amount was excessive and without proper basis. The Tribunal, after hearing both sides and considering the evidence on record, held that the accident was caused due to the rash and negligent driving of the tractor- trailer, and that the policy of insurance was valid and covered the risk of the deceased and awarded a total compensation of Rs.6,05,400/- with interest at 9% per annum from the date of the petition till realisation.

4. Learned counsel for the appellants-claimants contended that the Tribunal erred in fixing the deceased’s monthly income at Rs.4,000/- contrary to the principle laid down by the Hon’ble Supreme Court in the case of Shaikh Sadik Shaikh Rafique v. Reliance General Insurance Company Ltd1, wherein the monthly income of an unskilled worker was standardised. It is submitted that Rs.10,500/- per month ought to have been adopted for the accident year 2016. It is further submitted that the Tribunal failed to award compensation under the conventional heads as mandated in the case of National Insurance Co. Ltd. v. Pranay Sethi, 2(2017) 16 SCC 680

5. On the other hand, learned Standing Counsel appearing for respondent No.4-Insurance Company contended that the Tribunal has rightly appreciated the evidence on record and awarded just and reasonable compensation. It is further contended that the grounds raised by the appellants-claimants are not tenable and there is no error in the impugned order warranting interference by this Court and prayed for dismissal of the appeal.

1 2025 INSC 673

6. There is no dispute as to the manner in which the accident occurred, the negligence on the part of the driver of the tractor-trailer and the resultant death of the deceased. However, the income adopted by the Tribunal at Rs.4,000/- per month is contrary to the principle laid down in Shaikh Sad