HON’BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.4397 of 2003 JUDGMENT: 1) The claimants filed this appeal under Section 173 of the Motor Vehicles Act, dissatisfied with the compensation awarded by the Tribunal in O.P.No.320 of 1997 in its order dated 8-8- 2003 for the death in the motor vehicle accident that occurred on 1-5-1997. 2) The facts in nutshell are that on 1-5-1997 at about 15.30 hours, while the deceased and another person were returning on the motor cycle a matadar van bearing No.AP26 9309 belonging to the 1st respondent which was insured with the 2nd respondent, came from behind the motor cycle and hit it in a rash and negligent manner at high speed, without blowing the horn, and in that accident the deceased died on the way to hospital and another person sustained injuries. The claimants filed the above O.P. claiming compensation of Rs.4,00,000/-. 3) The Tribunal after framing necessary issues and considering the evidence of PWs 1 and 2 and Exs.A-1 to A-8 on behalf of the claimants, and Ex.B.1 marked on behalf of the respondents, held that the death of the deceased occurred on account of rash and negligent driving of the driver of the matador van and awarded compensation of Rs.1,46,000/- Dissatisfied with the compensation, the claimants preferred this appeal. 4) Heard learned counsel appearing on both sides and perused the record. Learned counsel for the appellants- claimants contended that the deceased was working as an Accountant in Super Bazaar in Soudi Arabia and was earning a monthly salary of Rs.15,000/- in Indian currency and that in support of it the claimants also marked Ex.A6 copy of service agreement showing the name of the deceased with passport number and that the compensation awarded is on lower side and therefore sought for enhancement of compensation. 5) In the instant case, it is not in dispute that the accident occurred due to rash and negligent driving of the driver of the matador. According to the claimants, the deceased was working as Accountant in Saudi Arabia and that agreement Ex.A.6 shows that it is for a period of two years only. Since as on the date of death the deceased was not having his employment with the organization in Saudi Arabia, considering the year of accident the notional income of the deceased can be safely taken as Rs.3000/- per month, annually it comes to Rs.36,000/-, after deducting 1/3rd of the amount towards personal expenses the loss of income comes to Rs.18,000/- annually. Since the deceased was unmarried therefore considering the age of mother, the appropriate multiplier would be 13, as per the judgment of the Supreme Court reported in SARLA VERMA v. DELHI TRANSPORT CORPORATION ( 2009 (6) SCC 121), therefore the total loss of income works out to Rs.2,34000/-. Added to that the claimants are entitled for Rs.5,000/- towards funeral expenses and Rs.10,000/- towards loss of estate. In all the claimants are entitled for compensation of Rs.2,49,000/-, which is rounded off to Rs.2,50,000/-. 6) In the result, the appeal is allowed in part enhancing the compensation to Rs.2,50,000/-. The enhanced compensation shall carry interest at 7% per annum from the date of petition till realisation. No costs. ___________________ GHULAM MOHAMMED, J. 15-7-2010/kk THE HON’BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.4397 of 2003 15-7-2010