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.1025 of 2019 DATE: 24.02.2026 BETWEEN:

Janagama @ Jenigam Laxmi and two others.

…..Appellants AND Thakallapally Rama Rao and another.

….Respondent

JUDGMENT

This appeal is filed by the appellants/claimants challenging the judgment and decree dated 04.10.2012 passed in M.V.O.P.No.160 of 2010 by the IV Additional District & Sessions judge (Fast Track Court) at Karimnagar (for short “the Tribunal”), wherein the Tribunal granted total compensation of Rs.73,000/- with interest @ 9% per annum from the date of petition till the date of realization for the death of one Mr.Rama Swamy (hereinafter referred to as “the deceased”) in a motor vehicle accident.

2. The brief facts of the case are that on 08.10.2009 the deceased was returning to his house at Vedira village and at 09.30 P.M., when he reached bus stop, one A.P.S.R.T.C bus came in a rash and negligent manner and hit the deceased and caused injuries. Immediately, the deceased was shifted to Government Hospital, Karimnagar, wherein the doctors declared that the deceased was brought dead. The police of Ramadugu PS registered a caseagainst the driver of the RTC Bus.The appellants-claimants, filed the aforesaid claim petition before the Tribunal claiming compensation of Rs.2,00,000/-for the death of the deceased. The Tribunal, upon evaluating the oral and documentary evidence, held that the accident occurred due to the rash and negligent driving of the driver of the RTC Bus and awarded total compensation of Rs.73,000/-. Dissatisfied with the quantum of compensation, the present appeal is filed by the appellants-claimants.

3. Considered the submissions of learned counsel for both sides and perused the record.

4. As seen from the material placed on record, the deceased was a retired constable aged about 60 years and after retirement, was continuing his caste profession as a barber and earning about Rs.8,000/- per month and contributing the same to his family. The Tribunal did not award any amount towards loss of income on the ground that the wife of the deceased, i.e., appellant No.1, was receiving a monthly pension of Rs.4,000/- and that the appellants failed to establish the loss of income due to death of deceased. In Shaikh Sadik Shaikh Rafique v. Reliance General Insurance Company Ltd, 2025 INSC 673, the Hon’ble Supreme Court held that the income of an unskilled worker for

the year 2004 shall be Rs.4,500/- per month with an increment of Rs.500/- per month for each successive year. In the instant case, the approach adopted by the Tribunal in not awarding any amount towards loss of dependency is not sustainable. Therefore, this Court finds it reasonable to take the income of the deceased as Rs.6,000/- per month. As per the judgment of the Hon’ble Apex Court inPranay Sethi v. National Insurance Company Ltd2since the deceased was aged about 60 years at the time of death, 15% is to be added towards future prospects. Accordingly, the notional monthly income of the deceased comes to Rs.6,900/- (Rs.6,000/- + 15%).Applying the multiplier “9” as per the judgment of the Hon’ble Apex Court in Sarla Verma v. Delhi Transport Corporation 3 and deducting 1/3rdtowards personal expenses as there were three dependants, the total amount towards loss of dependency comes to Rs.2,48,400/- (Rs.6,900 × 12 × 9 × 1/3^rd).Further, as per the principles laid down by the Hon’ble Apex Court in Pranay Sethi’s case (supra), the appellants-claimants are also entitled to Rs.91,000/- (Rs.70,000/- + 10% enhancement for every three years) under the conventional heads. Further the amount of Rs.3,000/- awarded towards transportation can be maintained. Thus the claimants are entitled to total compensation of Rs.3,42,400/-.

5. In the result, this appeal is allowed and the compensation awarded by the Tribunal is enhanced from Rs.73,000/- to

2(2017) 16 SCC 680

3(2009) 6 SCC 121

Rs.3,42,400/- with interest @ 9% per annum from th