HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.2247 OF 2011 JUDGMENT: The appeal is filed by the 1st & 2nd petitioners in O.P.No.215 of 2001 on the file of the III Motor Accidents Claims Tribunal, Warangal. A claim was made for Rs.3,00,000/- consequent on the death of Tekula Srinivas @ Sreenu. 2. According to the case of the petitioners, on 24.12.2001 at about 2.00 P.M., when the deceased Tekula Srinivas @ Sreenu along with another was proceeding on Yezdi motorcycle bearing No.APR 4102, the lorry bearing No.AP 12 T 1441 driven by its driver in a rash and negligent manner dashed against him, as a result of which, the said Srinivas died. He was unmarried and aged about 20 years. Respondents Nos.1 and 2 are the driver and owner of the vehicle respectively and they remained ex parte. Respondents Nos.3 and 4 filed a counter putting the petitioners to strict proof of rashness and negligence on the part of the driver of the vehicle, and cause of death of the deceased. After consideration of the evidence on record, the lower Tribunal has come to the conclusion that the deceased died due to rash and negligent driving of the lorry. However, the compensation was fixed at Rs.1,14,000/- and the liability of the insurance Company was also upheld. The Insurance Company has not challenged the award. 3. The learned counsel for the appellants has contended that the assessment of the income of the deceased is not proper. The annual income of the deceased was fixed at Rs.15,000/- and deduction of 1/3rd was made. The Tribunal is said to have taken the age of the father into consideration instead of the age of the mother and applied the wrong multiplier. It is not in dispute that the age of the mother has to be taken into consideration and she appears to be between 45 and 50 years and by applying the multiplier ‘13’, the total dependency comes to Rs.1,30,000/-. The petitioners will be entitled to non- pecuniary damages of Rs.10,000/- and funeral expenses for a sum of Rs.2,000/- and a further sum of Rs.2,000/- for transport charges. The total compensation to which the petitioners are entitled to is Rs.1,44,000/-, rounded up to Rs.1,50,000/-. Accordingly, M.A.C.M.A. is allowed. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:20.09.2011 INL