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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.1666 of 2019

DATE: 05.05.2026

Between:

Goppannagari Rukum Bai and another.

….. Appellants

AND

The Depot Manager, A.P.S.R.T.C., (presently TSRTC),

Medak Depot and another.

….Respondents

JUDGMENT

This appeal is filed by the appellants/claimants challenging the

award and decree dated 27.08.2015 passed in M.V.O.P.No.204 of

2014 by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-

Judge, Family Court-cum- VII Additional District and Sessions Judge,

Medak at Sangareddy (for short, “the Tribunal”), whereby the Tribunal

granted compensation of Rs.7,45,000/- with interest at 7.5% per

annum from the date of petition till the date of depositing the amount

as against the claim of Rs.10,00,000/- for the death of one Mohan

Reddy (hereinafter referred as “the deceased”) in a motor vehicle

accident.

2. The brief facts of the case are that on 26.10.2012, the deceased

proceeded to Medak to attend his personal work and at about 03.00

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P.M., he was coming back in an auto bearing No.AP-23-TV-6149

which was proceeding towards Haveli Ghanapur village from Medak

Town and when the auto reached the place of accident near Gandhi

Nagar area, the RTC bus bearing No.AP-26-Z-0019 (hereinafter

referred as “crime vehicle”) coming in opposite direction and the driver

of the crime vehicle drove the vehicle in a rash and negligent manner

dashed the auto as a result, the deceased and other passengers

travelling in the auto sustained injuries and the deceased immediately

shifted to Government Hospital, Medak to save his life. On the advice

of the Doctors while taking to Hyderabad in 108 Ambulance and when

the ambulance reached old bus stand, Medak, the deceased died at

about 06.00 P.M. The Police of Medak Town registered a case in

Crime No.158 of 2012 for the offences under Sections 337 and 304-A

of IPC., and after completion of investigation, laid charge sheet against

the driver of the crime vehicle. The claimants filed the aforesaid claim

petition seeking compensation of Rs.10,00,000/- for the death of the

deceased. The Tribunal upon evaluating the oral and documentary

evidence held that the accident occurred solely due to the rash and

negligent driving of the driver of the crime bus and awarded an

amount of Rs.7,45,000/- to the claimants. Aggrieved by the same, the

appellants-claimants preferred the present appeal.

3. Considered the submissions of learned counsel for both sides

and perused the record.

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4. As seen from the material on record, the Tribunal, relying on

Ex.A.2-charge sheet and evidence of P.W.2-eyewitness held that the

accident occurred solely due to the rash and negligent driving by the

driver of the offending bus. This finding of the Tribunal is based on a

proper appreciation of evidence. There is no dispute with regard to the

said finding in this appeal.

5. Regarding the quantum of compensation, though it was claimed

that the deceased was aged about 48 years and was earning

Rs.6,000/- per month from milk business and Rs.12,000/- per month

from coolie work, totaling Rs.18,000/- per month, and that P.W.3 also

deposed that the deceased was earning Rs.20,000/- per month from

such avocations, the Tribunal did not accept the said contention in

the absence of cogent evidence. The Tribunal observed that the

deceased was not on fixed wages nor could be strictly treated as self-

employed, and therefore reasonably fixed the monthly income at

Rs.5,000/-. Accordingly, the annual income was computed at

Rs.60,000/- (Rs.5,000/- × 12). Further, placing reliance on the

judgment of the Hon’ble Apex Court in Sarla Verma and Ors. v.

Delhi Transport Corporation, 2009 ACJ 1298, and considering that the dependents

are two in number, the Tribunal deducted 1/3rd towards personal

and living expenses of the deceased, thereby arriving at the annual

contribution to the family at Rs.40,000/-. As the deceased was aged

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about 48 years, the Tribunal applied the appropriate multiplier