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.874 of 2019 DATE:09.02.2026 Between:

Sajida Begum and five others …..Appellants AND Borkute Shyam and two others ….Respondents

JUDGMENT

This appeal, under Section 173 of the Motor Vehicles Act, 1988, is filed by the appellants–claimants being aggrieved and dissatisfied with the order and decree dated 15.11.2018passed in M.V.O.P.No.69 of 2018 by the Chairman, Additional Motor Accident Claims Tribunal, Adilabad (hereinafter referred to as “the Tribunal”) whereby compensation of Rs.7,37,245/- only was awarded for the death of the deceased,Mohd. Hussain, in a motor vehicle accident.

2. The brief facts of the case are that on 25.11.2017, at about 7:00 p.m., the deceased, Mohd. Hussain, was proceeding on his motorcycle bearing registration No.AP-01-AD-8758 from Kosini Rice Mill towards his residence and when he reached near ZP Boys High School, Trishul Pahad, Kagaznagar, a car bearing registration No.AP- 01-AF-9070 driven by respondent No.1 in a rash and negligent manner dashed against the deceased’s motorcycle. The deceased sustained grievous injuries and was immediately shifted to Kagaznagar Hospital. He was subsequently referred to other hospitals including Gandhi Hospital, Secunderabad, where he succumbed to his injuries on 26.11.2017. The Police of Kagaznagar Town Police Station registered a case in Crime No.153 of 2017 under Section 337 of IPC against respondent No.1 and filed charge sheet. Stating that the deceased was the sole earning member of the family, was employed in a rice mill with a monthly income of Rs.15,000/- plus batta of Rs.100/- per day, and contributed his entire earnings to the welfare of the family, and due to the sudden demise of the deceased, they not only lost love and affection but also his earnings, the appellants-claimants, being the wife and children of the deceased, filed the aforesaid claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Tribunal seeking compensation of Rs.13,00,000/- for the death of the deceased

3. Before the Tribunal, the respondents denied the claim and contended inter alia that the accident occurred due to the rash and negligent riding by the deceased on his motorcycle, he was not holding a valid driving licence, and that his claimed income was not supported by any documentary evidence. It was further contended that the petitioner failed to properly join necessary parties and that the claim was excessive and prayed for dismissal of the petition. The Tribunal, on appreciation of the evidence on record, found that the accident occurred due to rash and negligent driving of the offending vehicle by respondent No.1 and that the deceased died as a result of injuries sustained in the accident and awarded a total compensation of Rs.7,37,245/- with interest @7.5% per annum from the date of filing of the claim petition until realisation. Being aggrieved by the award, the appellants-claimants filed the present appeal.

4. Learned counsel for the appellants-claimants submitted that the Tribunal erred in fixing the notional income of the deceased at Rs.4,500/- per month, whileignoring the credible evidence of higher earnings. Learned counsel further contended that the compensation awarded under conventional heads was inadequate and the overall award was manifestly low and unjust and accordingly sought enhancement of compensation.

5. Learned Standing Counsel appearing for respondent No.3- Insurance Company contended that the award passed by the Tribunal is just and reasonable and does not warrant any interference in this appeal.

6. On a careful appraisal of the evidence on record, it is established that the deceased, Mohd. Hussain, sustained fatal injuries in the motor accident that occurred on 25.11.2017, when the offending car bearing registration No.AP-01-AF-9070,driven in a rash and negligent manner by respondent No.1, collided with his motorcycle, resulting in