HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.267 of 2008 Date: 10-6-2011 Between Nemala Venkata Rao and 3 others … Appellants/Claimants and Sri C.L.Mohan Rao and another … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.267 of 2008 Judgment: Heard both sides. 2. Having been aggrieved against the order and decree dated 28-9-2007 in M.O.P.No.906 of 2005 on the file of the II Additional District Judge cum Chairman, Motor Accident Claims Tribunal, Visakhapatnam the present civil miscellaneous appeal is filed. 3. The appellants herein are the petitioners-claimants in M.O.P.No.906 of 2005. The tribunal below while evaluating the evidence on record awarded a compensation of Rs.1,55,000/- against the claim of Rs.6,50,000/-. Aggrieved by the said order, the present civil miscellaneous appeal is filed mainly urging that the tribunal below erroneously fixed the income of the deceased as Rs.15,000/- per annum instead of granting Rs.6,000/- per month and sought for the enhancement of compensation. 4. Learned Standing Counsel for the 2nd respondent-Insurance Company mainly urged that the claimants before the tribunal below did not adduce any evidence regarding the income of the deceased, therefore the tribunal below had rightly assessed the income of the deceased as Rs.15,000/- per annum and awarded the compensation. He further urged that the deceased is a bachelor, therefore half of the amount has to be deducted towards his personal expenses and the order of the tribunal below deducting one-third towards personal expenses of the deceased is erroneous. 5. Now, the point for consideration is -- whether the claimants are entitled for enhancement of compensation ? 6. Point:- The factum of accident is not disputed. Admittedly, the deceased was an unmarried, aged about 23 years on the date of accident. The mother of the deceased was 42 years as on the date of accident. Though the petitioners claimed Rs.6,000/- per month as the income of the deceased they did not adduce any evidence before the tribunal below and the tribunal below arrived at the income of the deceased as Rs.15,000/- per annum. 7. However, while taking into consideration the age of the deceased and the status of the petitioners, the income of the deceased is considered as Rs.3,000/- per month. If half of the amount is deducted towards personal expenses of the deceased as he being a bachelor, the contribution of the deceased towards his family comes to Rs.1,500/- per month and Rs.18,000/- per annum. By taking into account the age of the mother of the deceased as 42 years, the appropriate multiplier would be ‘14’. Then, on calculation it would be Rs.2,52,000/-. Therefore, I feel it proper and adequate compensation amount to the petitioners. In addition to that, the petitioners are also entitled to Rs.2,000/- towards funeral expenses and Rs.10,000/- towards loss of estate. Thus, in all the petitioners are entitled to a compensation of Rs.2,64,000/- (Rupees two lakhs and sixty four thousand only). 8. In the result, the civil miscellaneous appeal is allowed in part. No costs. ___________________ K.S.APPA RAO, J. 10th June, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.267 of 2008 10th June, 2011.