THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED MACMA No. 2009 of 2006 JUDGMENT: This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the order dated 29.04.2006 passed in O.P.No. 180 of 2004 on the file of the Court of the Principal Motor Accidents Claims Tribunal-cum-District Judge, Nellore. 2. The petitioners herein filed the said O.P seeking compensation of Rs.8,00,000/- for the death of one Chenji Suresh Babu in a motor accident that occurred on 15.11.2003 involving an APSRTC bus bearing registration No.AP10Z4978. The claimants/appellants herein are the wife, children and parents of the deceased. As against the claim of Rs.8,00,000/- the Tribunal granted a compensation of Rs.3,00,000/-. Hence, this appeal by the claimants. 3. Heard learned counsel for the appellants/claimants and the learned counsel for the respondent-APSRTC. Perused the impugned order passed by the Tribunal. 4. The facts stated are:- Chenji Suresh Babu (herein referred to as ‘deceased’) along with one Niranjan was proceeding on a motorcycle from Tirupati to Rangampet on 15.11.2003 at about 09.15 A.M, and when they reached C. Mallavaram cross roads, the APSRTC bus in question bearing registration No.AP 10 Z 4978 driven by its driver in a rash and negligent manner and at high speed, dashed against the motorcycle of the deceased, due to the impact of which, the deceased fell down and died on the spot. It is stated that as on the date of accident, the deceased was aged 19 years and was studying B.Tech II Year. On the question of culpability in causing the accident, the Tribunal considering the evidence of P.W-2 who claimed to be an eye witness to the accident, fixed the negligence on the part of the driver of the APSRTC bus in question. The Tribunal came to such conclusion that the incident happened due to the fault of the driver of the bus and by the impugned order, the Tribunal partly allowed the said O.P awarding compensation of Rs.3,00,000/- against a claim of Rs.8,00,000/-. Aggrieved by the same, the appellants filed the present appeal. 5. In support of their claim, the P.W.1 and P.W.2 were examined and got marked Exs.A-1 to A-13 which happened to be the F.I.R, Post Mortem Report, Inquest Report, Secondary School Certificate, Pass Certificate etc. On the other hand, the respondents filed a counter denying all the averments made by the petitioners and held that the accident occurred due to the rash and negligence of the driver of the bus and also the compensation claimed by the petitioners is excessive and untenable. 6. As seen from the record, it is no doubt true that due to rash and negligent driving of the driver of the APSRTC bus bearing No. AP 10Z 4978, the accident occurred and due to which, the deceased died on the spot on 15.11.2003. As far as the claim of compensation is concerned, according to PW-1-the father, the deceased was hale and healthy prior to accident and was studying B.Tech II year However, the age of the deceased is assessed to be 19 and by examining the present day circumstances or the circumstances existed at the time of incident, ends of justice would be met if the earnings of the injured is fixed at Rs.4,500/- per month and per annum it comes to Rs.54,000/- (Rs.4,500/- x12months=Rs.54,000/-). As per the judgment of the Supreme Court 50% of the amount should be deducted from the annual income towards his personal expenses and the amount comes to Rs.27,000/- (Rs.54,000/- x 1/2 = Rs.27,000/-), as the deceased is a minor aged 19 years, multiplier for the age of his mother i.e. 42 should be taken into consideration and the relevant multiplier would be 14 and if applied the same, the amount comes to Rs.3,78,000/- (Rs.27,000x14=Rs.3,78,000/-). Apart from this, a sum of Rs.20,000/- is awarded towards love and affection, totaling to an amount of Rs.3,98,000/- rounding to Rs.4,00,000/- (Rupees Four Lakhs Only). As far as the interest is concerned, the rate of interest granted by the Tribunal is set aside and 6% per annum is granted. 8. In the result, the impugned award of the Tribunal is modified to the extent indicated above and the appeal is allowed in part. No order as to costs. _____________________ GHULAM MOHAMMED, J Date:31.03.2011 SP/KK HON’BLE SRI JUSTICE GHULAM MOHAMMED MACMA No. 2009 of 2006 March 31, 2011 SP/KK