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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.527 of 2019

DATE: 06.04.2026

Between:

Smt. Kanneboina Uppalamma and three others

…..Appellants AND

Chinthanippu Narasimha Rao and another

….Respondents

JUDGMENT:

This Appeal is preferred by the appellants/claimants, under

Section 173 of the Motor Vehicles Act, 1988, aggrieved by the Award and Decree dated 08.01.2019 passed in M.V.O.P.No.316 of 2016 by the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Khammam, whereby the Tribunal awarded a total compensation of Rs.8,80,000/- with interest @ 7.5% per annum for the death of one Kanneboina Srinivasa Rao (hereinafter referred to as “the deceased”)

in a motor vehicle accident.

2. The brief facts of the case are that on 22.04.2016 at about 12:30 PM, the deceased was proceeding on a motorcycle along with his son as a pillion rider from Khammam towards Keshavapuram

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Village, and when they reached near Durga Bhavani Granites at Arempula Village on Khammam–Warangal Road, a Maruti Alto Car bearing No.TS 04 EG 1861, driven in a rash and negligent manner and at high speed, dashed against the motorcycle. As a result, the deceased fell down and sustained fatal injuries and died on the spot. Stating that the deceased was aged about 40 years and was an agriculturist earning substantial income, and that the appellants, being dependents, lost their source of livelihood due to his untimely death, filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.15,00,000/-. The Tribunal, after considering the evidence on record, held that the accident occurred due to the negligence of the driver of the offending vehicle and awarded compensation of Rs.8,80,000/- with interest @ 7.5% per annum from the date of petition till realization. Being not satisfied with the quantum of compensation, the appellants/claimants filed the present

appeal seeking enhancement.

3. Considered the submissions of the learned counsel for the

parties and perused the record.

4. There is no dispute with regard to the finding of the Tribunal on negligence and liability, and therefore, the same does not call for

interference by this Court.

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5. With regard to quantum of compensation, admittedly, the deceased was aged about 40 years at the time of the accident and was an agriculturist. In the absence of cogent documentary evidence with regard to exact income, this Court is inclined to fix the notional income of the deceased at Rs.7,500/- per month, having regard to the year of accident i.e., 2016 and the nature of avocation. In view of the law laid down by the Hon’ble Apex Court in National Insurance Co. Ltd. v. Pranay Sethi¹, an addition of 25% towards future prospects is warranted, since the deceased was aged about 40 years and was self- employed. Thus, the monthly income comes to Rs.9,375/- (Rs.7,500 + Rs.1875) and the annual income works out to Rs.1,12,500/- (Rs.9,375 × 12). As the number of dependents are four, 1/4^th deduction towards personal and living expenses is appropriate. Thus, the annual contribution to family comes to Rs.84,375/- (Rs.1,12,500 – Rs.28,125). Applying the appropriate multiplier i.e., 15, as adopted by the Tribunal, the loss of dependency comes to Rs.12,65,625/- (Rs.84,375 × 15). Further, as per the principles laid down by the Hon’ble Apex Court in the case of Pranay Sethi (supra), the appellants-claimants are also entitled to Rs.91,000/- (Rs.70,000/- + 10% enhancement for every three years) under the conventional heads. Thus, the total compensation payable to the appellants/

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(2017) 16 SCC 680

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claimants comes to Rs.13,56,625/- (Rs.12,65,625/- + 91,000), which

is rounded off to Rs.13,57,000/-.

6. In the result, the appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.8,80,000/- to Rs.13,57,000/- with interest at 7.5% per annum from the date of petition till the date of realization. The remaining terms and co