IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.3999 OF 2009 Between: Gogadi Varamma, W/o. Malyadri and others ..... APPELLANTS AND A.P.S.R.T.C., represented by Vice-chairman and another ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.3999 OF 2009 JUDGMENT: This appeal, under Section 173 of the Motor Vehicles Act, 1988, is directed against the award and decree, dated 16.07.2009, in M.V.O.P.No.64 of 2009 on the file of the Motor Accidents Claims Tribunal (Before I Additional District Judge), Ongole, whereunder and whereby, the petition filed for claiming compensation of Rs.6,00,000/- was partly allowed. 2. Heard both sides. 3. There is no dispute with regard to taking place of the accident. Therefore, no doubt the accident has taken place because of rash and negligent driving of the driver of R.T.C. bus bearing No. AP 28 Z 1675. It is not in dispute that the appellants are the legal heirs of the deceased. Admittedly, the respondent - Andhra Pradesh State Road Transport Corporation has not filed any appeal challenging the award and decree passed by the trial Court. 4. The only simple question, which requires consideration in this appeal, is whether the calculation with regard to award of compensation has been correctly made by the trial Court or not. 5. The trial Court while determining the compensation considered the age of the deceased as 38 years, earnings at Rs.3,000/- per month, and by applying 16 multiplier awarded Rs.3,80,000/- as compensation. Perhaps, it may be a mistake of the trial Court in calculating the compensation amount. Having taken the income of the deceased at Rs.3,000/- per month, it can safely be stated that he was earning Rs.36,000/- per annum. If this is multiplied with 16 multiplier, which is applicable, then the total amount of compensation to be awarded comes to Rs.5,76,000/-. If 1/3rd is deducted towards his personal expenses, then an amount of Rs.3,84,000/- has to be granted. An amount of Rs.15,000/- for loss of consortium and Rs.5,000/- for funeral expenses and loss of estate awarded by the trial Court also to be added. Hence, a total amount of Rs.4,04,000/- has to be awarded towards compensation instead of Rs.3,80,000/- as awarded by the trial Court. The impugned order is therefore modified, awarding compensation of Rs.4,04,000/- together with interest, instead of Rs.3,80,000/- as awarded by the trial Court. 6. Accordingly, the M.A.C.M.A. is allowed, modifying the impugned order to the extent indicated above. The compensation awarded relating to the loss of consortium and funeral expenses has to be given to petitioner No.1. There shall be no order as to costs. _______________ K.C. BHANU, J March 5, 2010 MD