HON'BLE SRI JUSTICE GHULAM MOHAMMED MACMA NO. 3499 OF 2005 JUDGMENT: This appeal is filed by the appellants under Section 173 of Motor Vehicles Act, 1989 against the award dated 06-07-2005 passed in O.P.No.190 of 2004 on the file of the Chairman, Principal Motor Accidents Claims Tribunal-cum-District Judge, Warangal. 2. The appellants herein are the claimants and the respondents herein are the owner of the vehicle and the insurance companies respectively. For the sake of convenience, they are referred to as arrayed before the Tribunal. 3. The factual background for the appeal is that on 21-09-2003, the deceased was travelling in an auto bearing registration No.AP 15 V 9785 from Jangaon to Bhanajipeta. When the auto reached near Narayanapuram Village, the driver of the auto drove the vehicle at a very high speed in a rash and negligent manner and lost control over the same and the vehicle turned turtle, as a result, the deceased sustained grievous injuries on the head and several fractures and died on the spot leaving behind her children. 4. R-1 remained exparte and R-2 and R-3, insurance companies filed the counter contending that the accident occurred due to the rash and negligent driving of the driver of the crime vehicle and further stated that the driver of the auto did not possess valid driving license and hence, the liability lies on the owner of the vehicle. 5. On such pleadings, the Tribunal framed issues about the responsibility for the accident and the entitlement of the petitioner to compensation and examined P.W.2-eye witness and got marked Exs- A-1 to A-6, which happened to be the attested copies of F.I.R, Inquest report, Post Mortem report, M.V.I. report, Charge Sheet and Insurance Cover Note. On behalf of the respondents, none was examined and no documents were marked. On perusal of the material available, the Tribunal awarded a compensation of Rs.2,32,000/- against a claim of Rs.3,75,000/-. Aggrieved by the same, the petitioners filed the present appeal. 6. As seen from the record, it is no doubt true that due to rash and negligent driving of the auto bearing No. AP 15 V 9785 by its driver, the accident occurred and due to which, the deceased sustained grievous injuries and died on 21-09-2003. As far as the claim of compensation is concerned, according to PW-1-son, the deceased was hale and healthy prior to accident and was attending to coolie works and earning Rs.3,000/- per month. Further, no profession and income certificates of the deceased are produced before the Court. However, the age of the injured is assessed to be 42 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.2,500/- per month and it comes to Rs.30,000/- per annum (Rs.2,500/- x 12months=Rs.30,000/-). As per the judgment of the Supreme Court reported in SARALA VERMA VS. DELHI TRANSPORT CORPORATION[1] if 1/3rd of the income (Rs.30,000/- x 1/3=Rs.10,000) is deducted towards personal expenses from the annual income, thus loss of dincome comes to Rs.20,000/- (Rs.30,000/- - Rs.10,000/-= Rs.20,000/-) and as the age of the injured is 42 years, the relevant multiplier that can be made applicable for the age group of 41 years to 45 years is 14 and if the same is applied, the amount comes to Rs.2,80,000/- (20,000x14= 2,80,000) towards the loss of dependency. Apart from this, an amount of Rs.10,000/- is awarded towards loss of estate and Rs.10,000/- towards loss of consortium. Hence, a total amount of Rs.3,00,000/- may be awarded to the claimants towards the compensation. 7. Accordingly, this appeal filed by the petitioners is partly allowed awarding a total compensation of Rs.3,00,000/- (Rupees Three Lakhs Only). As far as the interest is concerned, the rate of interest granted by the Tribunal is set aside and 6% per annum interest is awarded by this Court from the date of the petition till the date of realization. In the circumstances, there shall be no order as to costs. ____________________ GHULAM MOHAMMED, J March 17,2011 SP/KK HON'BLE SRI JUSTICE GHULAM MOHAMMED MACMA NO. 3499 OF 2005 March 17,2011 SP/KK [1] 2009 (6) scale 129