IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD MONDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.4847 OF 2008 Between: The Managing Director, APSRTC, Mushirabad, Hyderabad Rep. by its Regional Manager, Sangareddy, Medak District. …Appellant A n d Lambadi Chamlibai and another ..Respondents SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.2183 OF 2011 JUDGMENT: This appeal is directed against the judgment dated 05.06.2006 in M.O.P.No.605 of 2004, on the file of the Chairman, Motor Accidents Claims Tribunal (I-Additional District Judge), Medak, at Sangareddy, wherein the said claim application filed by respondents 1 and 2 here in was allowed-in-part awarding compensation of Rs.3,30,000/- with interest at 7.5% per annum from the date of the petition. 2. Heard the learned counsel for the appellant and the learned counsel for the respondents. Perused the record. 3. Respondents 1 and 2 herein filed claim application seeking compensation of Rs.4 lakhs for the death of their deceased son Roopla Naik who died in a motor vehicle accident that occurred on 11.06.2004. Respondents 1 and 2 are the parents of the deceased. According to them, on that day, the deceased along with others was travelling in an auto bearing No.AP 23 U 750 from Narayankhed to Nizampet and an APSRTC bus bearing No.AP 10 Z 1121 coming in the opposite direction driven by its driver in a rash and negligent manner dashed against the auto, resulting in multiple injuries to the deceased, who died while undergoing treatment at Gandhi Hospital, Secunderabad. A case in Cr.No.79 of 2004 was registered against the driver of the bus by Narayankhed police. According to the claimants, the deceased was giving tuitions to students and was earning Rs.2,000/- per month while studying degree course. 4. The appellant herein-APSRTC filed a counter opposing the claim and denying their liability to pay the compensation. 5. During enquiry, P.Ws.1 and 2 were examined and Exs.A-1 to A-11 were marked on behalf of the claimants. No oral or documentary evidence was adduced by the appellant/APSRTC. 6. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the APSRTC bus by its driver. The said finding is not seriously challenged in this appeal. The Tribunal further held that the claimants are entitled for a total compensation of Rs.3,30,000/- with interest at 7.5% per annum. Questioning the same, the APSRTC preferred the present appeal. 7. The main contention of the learned counsel for the appellant is that the Tribunal erred in deducting one-third towards personal expenses instead of half, as the deceased was a bachelor, and further applied higher multiplier of ‘15’ instead of ‘14’ which is applicable to the age of the mother of the deceased. 8. It is not disputed that the deceased was aged 23 years and was unmarried at the time of accident. The 2nd claimant, who is the mother of the deceased, is aged 43 years. The appropriate multiplier applicable to the age of the mother of the deceased as per the decision of the Apex Court in SARLA VERMA & OTHERS V. DELHI TRANSPORT CORPORATION[1] is ‘14’. Though the claimants have pleaded that the deceased was earning Rs.2,000/- per month by giving tuitions, in the evidence, P.W.1 claimed that the deceased was earning Rs.4,000/- per month. The claimants, however, did not adduce any evidence in support of their plea that the deceased was earning Rs.4,000/- per month by giving tuitions. In the absence of any such evidence, the Tribunal has taken the income of the deceased at Rs.2,400/- per month, which is considered to be just and reasonable, having regard to the fact that the deceased was only student. As per the above decision, half of the income has to be deducted towards personal expenses in case of a bachelor. Thus, the contribution of the deceased would come to Rs.1,200/- per month i.e., Rs.14,400/- per annum. Applying the multiplier ‘14’, the loss of dependency works out to Rs.2,01,600/-. The claimants are entitled for a sum of Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses. Thus, the claimants are entitled for a total compensation of Rs.2,11,600/-. The claimants are held entitled to interest at 6% per annum from the date of petition, on the above said amount, as per the above said decision. The impugned award is modified accordingly. 9. In the result, the appeal is allowed to the extent stated above. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 12th December 2011 Lrkm. [1] 2009 ACJ 1299