HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A NO. 387 OF 2006 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the order dated 8.8.2005 passed by the IV Additional Chief Judge-cum-Motor Accidents Claims Tribunal, City Civil Court, Hyderabad (for short ‘the Tribunal’) in OP No. 1590 of 2003 filed by the appellant-claimants, claiming compensation of Rs. 4,50,000/- for the death of one E. Laxmamma in a motor vehicle accident that occurred on 14.03.2003 at about 5.00 PM when she was going in a DCM Van bearing No. AP 12/u-4472 to attend dinner along with others, a Tipper bearing No. AP-9/V-296 came in opposite direction, driven in a rash and negligent manner, dashed their DCM Van and due to which, the deceased received grievous injuries and succumbed to injuries on the way to hospital. First respondent is the owner of the Tipper bearing No. AP-9/V-296 and the second respondent- United India Insurance Company, insurer of the Tipper, filed its counter denying the averments made in the petition. 2. The Tribunal held that the accident occurred due to rash and negligent driving of the driver of the Tipper bearing No. AP-9/V 296 belonging to the first respondent and also taking into consideration the evidence of PWs 1 and 2, especially the evidence of PW-1 that his wife was 26 years and was doing labour work as well as flower business and earning Rs. 3,000/- per month, awarded total compensation of Rs. 1,89,800/- with interest at 9% per annum from the date of filing the petition till the date of deposit of the amount into the Court. Aggrieved by the same, the appellant-claimants, who are husband and children of the deceased filed the present appeal. 3. The learned counsel appearing for the claimants contended that the Court below ought to have granted the entire claim amount and it failed to appreciate the evidence on record and the income of the deceased. He also submitted that the court below ought to have awarded compensation towards loss of estate 4. Heard the learned counsel appearing for the claimants and also perused the entire material made available on record. 5. As seen from the record, it is no doubt true that due to rash and negligent driving of the Tipper bearing No. AP-9/V-296 by its driver, the deceased received grievous injuries and succumbed to injuries on the way to hospital. It is stated that the deceased was doing flower business as well as labour work and was earning Rs. 3,000/- per month. Therefore, ends of justice would be met if Rs. 2,500/- per month is taken as earnings of the deceased and it comes to Rs. 30,000/- per annum and out of that 1/3rd of the amount towards personal and livings expenses if deducted the net amount comes to Rs. 20,000/- (30,000x1/3=10,000-30,000=20,000) and the appropriate multiplier is 17 for the age about 26 years as per the judgment of the Supreme Court report in SARALA VERMA VS. DELHI TRANSPORT CORPORATION[1] and if applied the correct multiplier, the amount comes to Rs. 3,40,000/- (20,000x17=3,40,000). An amount of Rs. 10,000/- is granted towards loss of estate and Rs. 10,000/- is granted towards loss of consortium. Thus the total amount of compensation granted comes to Rs. 3,60,000/- (3,40,000+10,000+10,000). 6. Accordingly, this appeal filed by the claimants is allowed in part enhancing the compensation granted by the Court below from Rs. 1,89,800/- to Rs. 3,60,000/-. As far as the interest is concerned, the rate of interest granted by the Tribunal at 9% per annum is reduced to 7% per annum. There shall be no order as to costs. _________________________ GHULAM MOHAMMED, J Date: 10.02.2011 KA [1] 2009 (6) scale 129