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.Nos.1837 of 2014 and 3433 of 2019 DATE: 06.02.2026 M.A.C.M.A.No.1837 of 2014 Between:

The Divisional Manger, National Insurance Company Limited, IV Floor, Swapnalok Complex, S.D. Road, Secunderabad.

…..Appellant AND M. Maheswari and four others ….Respondents M.A.C.M.A.No.3433 of 2019 Between:

M. Maheswari and three others …..Appellants AND M.A.Muneer and another ….Respondents

COMMON JUDGMENT

M.A.C.M.A.No.1837 of 2019 has been filed by the Insurance Company, under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and decree dated 03-10-2013 passed by the Chairman, Motor Accident Claims Tribunal-cum-I Additional Metropolitan Sessions Judge-cum-XV Additional Chief Judge, Hyderabad (hereinafter referred to as “the Tribunal”) in O.P. No. 1108 of 2009, whereby the Tribunal awarded compensation of Rs.16,61,800/- with interest at 7.5% p.a. from the date of the petition till realization in favour of the claimants, for the death of late M.P.V.Ramana Rao (hereinafter referred to as “the deceased’) in a motor accident, whereas the claimants have preferred MACMA.No.3433 of 2019 seeking enhancement of compensation granted by the Tribunal.

2. For the sake of convenience, hereinafter the parties will be referred to as arrayed before the Tribunal.

3. The brief facts of the case are that on 04.08.2008 at about 08:30 A.M., the deceased, aged about 53 years, left his residence at Domalguda, Hyderabad to give tiffin box to his young son who was then studying at Bhashyam School, A.S. Rao Nagar, Kushaiguda. After giving the tiffin box, while the deceased was returning on foot across the public road, near Good Luck Hotel, A.S. Rao Nagar, ECIL, Kushaiguda, a two-wheeler bearing registration No.AP 23 AB T/R 6956, being driven in a rash and negligent manner from the Sainikpuri side towards ECIL, struck the deceased as he was attempting to cross the road from the side of the Good Luck Hotel towards the opposite footpath. As a result, the deceased fell on the road and sustained bleeding grievous injuries. He was immediately shifted to Palome Hospital, A.S. Rao Nagar, where doctors declared him brought dead. Stating that the deceased was a Government employee working with the Nuclear Fuel Complex, Department of Atomic Energy, earning a net monthly salary of Rs.17,960/-, the claimants, being the wife and children of the deceased, filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.21,00,000/-.

4. Before the Tribunal, respondent No.1 i.e., owner of the offending vehicle remained ex parte. Respondent No.2-insurer contested liability, asserting that the driver of the offending vehicle was not holding a valid licence at the time of the accident, thereby breaching policy conditions and also asserted that amount claimed was excessive and exorbitant and prayed to dismiss the petition. The Tribunal, on appreciation of the oral and documentary evidence, concluded that the accident occurred due to the rash and negligent driving of the rider of the offending two-wheeler; awarded total compensation of Rs.16,61,800/- with interest at 7.5% per annum from the date of petition until realization, in favour of the claimants; and held both the respondents jointly and severally liable to pay compensation. While the Insurance Company preferred MACMA.No.1837 of 2014 challenging liability and quantum, the claimants filed MACMA.No.3433 of 2019 seeking enhancement of compensation.

5. Considered the submissions of the learned counsel for the parties and perused the material on record.

6. So far as liability and negligence are concerned, this Court does not find any reason to interfere with the Tribunal’s finding that the death of the deceased was caused due to rash and negligent driving of the offending two-wheeler. The evidence, including the FIR and other documents, clearly established that the accident was caused by the rider of