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.362 of 2019 DATE: 10.02.2026 BETWEEN:

Peesari Yadi Reddy @ Yadaiah (died as per LRs) and three others …..Appellants AND TSRTC Prior to bifurcation Andhra Pradesh State Road Transport Corporation Rep by Managing Director Office at Musheerabad Bus Bhavan Hyderabad ….Respondent

JUDGMENT

This appeal is filed by the appellants/claimants challenging the judgment and decree dated 08.12.2017 passed in M.V.O.P.No.1318 of 2010 by the Chairman, MACT-cum-Principal District Judge, Ranga Reddy District at L.B.Nagar (for short “the Tribunal”), wherein the Tribunal granted total compensation of Rs.8,00,000/- with interest @ 7% per annum from the date of petition till the date of realization for the death of one Mr. P. Krishna Reddy (hereinafter referred to as “the deceased”) in a motor vehicle accident.

2. The brief facts of the case are that on 25.08.2010 at about 07:00 A.M., the deceased, while riding a Hero Honda motor cycle bearing No.AP-9-AW-4831, along with his cousin P. Bhasker Reddy as pillion rider, from Koratikal Village towards Hyderabad. At about 09:00 A.M. when they reached near Jumani Ice Cream Factory at Industrial Area, Bhongir, on National Highway 202, and while proceeding on the extreme left side of the road, the driver of an RTC Bus bearing No. AP- 28-Z-2861 (hereinafter referred to as the “crime vehicle”), drove the same in a rash and negligent manner at high speed and, while overtaking another vehicle, dashed against the motor cycle of the deceased. As a result, the deceased and his cousin fell on the road and sustained grievous injuries. The deceased suffered fracture injuries to his leg and head. Immediately, the deceased was shifted to Area Hospital, Bhongir, where the duty doctor declared him brought dead. The Police, Bhongir, registered a case in Crime No. 152 of 2010 against the driver of the crime vehicle for the offences punishable under Sections 304-A and 338 of IPC. The appellants-claimants, being the legal representatives of the deceased, filed the aforesaid claim petition before the Tribunal claiming compensation 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 crime vehicle and awarded total compensation of Rs.8,00,000/- as claimed by the appellants.

Dissatisfied with the quantum of compensation, the present appeal is filed by the appellants-claimants seeking enhancement.

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 working as video and photographer under the name and style “Anjana Creations” and earning Rs.7,000/- per month along with Rs.50/- per day as batta and P.W.3- employer of the deceased supported the said claim and Ex.A.7–Salary Certificate was marked. However, the Tribunal restricted his income to Rs.6,000/- per month. Further, the Tribunal, relying on Exs.A.1, A.2, A.4 and A.5, assessed the age of the deceased as 23 years, applied the multiplier of “18” as per the principles laid down by the Hon’ble Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation1, and deducted 2/3rd towards personal expenses instead of 1/3^rd, though there were three dependants and awarded Rs.8,64,000/- towards loss of dependency, Rs.25,000/- towards funeral expenses and Rs.1,00,000/- towards pain and suffering, totaling Rs.9,89,000/-, but restricted the compensation to Rs.8,00,000/- as claimed by the claimants. As per the judgment of the Hon’ble Apex Court in Nagappa v. Gurudayal Singh, (2003) 2 SCC 274. compensation need not be limited to the amount claimed. Therefore, this Court finds it

(2009) 6 SCC 121

reasonable to fix the monthly notional income of the deceased at Rs.8,500/- (including batta of Rs.50/- per day). Adding 40% future prospects as per the princi