HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2456 OF 1999 DATED: 09.10.2009 BETWEEN: I.Gopinath Reddy and another .. Appellants And Iqbal Ibrahim Mirza and others .. Respondents HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2456 OF 1999 JUDGMENT: This is a claimants’ appeal against the Award dated 23.06.1999 passed by the Motor Accident Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad in O.P.No.993 of 1995 seeking enhancement of compensation. 2. I have heard the learned counsel appearing for the appellants- claimants and the respondents. 3. In an accident, wherein the deceased Ramachandra Reddy, student of intermediate second year died on 29.12.1994 at 5.00 A.M, opposite to Lucky Hotel, Lakadikapool, Near Police Station Saifabad, Hyderabad while the deceased was proceeding on motor cycle bearing No.AP 9E 7162 to attend tuition of Emcet towards Mehdipatnam Road, one lorry bearing No.GJ 17 T 6874 driven in a rash and negligent manner dashed the deceased, as a result of which the deceased fell down and received severe injuries and succumbed to the injuries. 4. Since the appeal is only for enhancement of the compensation, the other aspects, viz proof of negligence, liability of the respondents to pay compensation does not require any consideration in this appeal. 5. Against the claim of the appellants/claimants, who are the parents of the deceased for an amount of Rs.4,04,500/-, the learned Tribunal awarded an amount of Rs.54,000/- as total compensation which was sought to be enhanced by the appellants. 6. Both the appellants stated in their claim petition that the deceased was studying second year intermediate, and was preparing for Emcet examination with an ambition to become a doctor and did not file any document showing the educational qualifications of the deceased. The learned Tribunal, in view of the said fact considered the deceased to be a person without any income, and awarded compensation of Rs.54,000/- in lump sum. It is now well settled that even in the case of persons who were not actually earning at the time of accident, the Tribunal can notionally fix the income for the purpose of computing the compensation taking into various factors, viz. the educational qualifications of the deceased, avocation and status of the parents, the future prospects of the deceased and also uncertainties in life. After arriving at such income of the deceased, the Tribunal can award compensation by computing the same having recourse to multiplier method. In the instant case, however, the learned Tribunal proceeded on the premise that the deceased had no income at all and therefore, the compensation could not be computed basing on multiplier method, which view is contrary to the settled principles laid down by the Apex Court on the subject. 7. In the instant case, having regard to the facts and circumstances of the case, the income of the deceased can be notionally fixed at Rs.1500/- per month for the purpose of computing the compensation. His annual income therefore, is Rs.18,000/-. Since the deceased was unmarried, half of his income has to be deducted towards his personal and living expenditure which comes to Rs.9,000/-. The multiplier relevant to the age of the second appellant- claimant, who is the mother of the deceased (38 years) is 16. To arrive at the loss of dependency, the above income has to be capitalized with 16, which comes to Rs.9,000/- x 16 = 1,44,000/-. This apart, the appellants are entitled for a sum of Rs.5,000/- towards funeral expenses and a further sum of Rs.5,000/- towards loss of estate. In all the appellants- claimants are entitled for compensation of Rs.1,54,000/-. The enhancement of compensation therefore, would be Rs.1,00,000/-. 8. In the result, the compensation granted by the Tribunal is enhanced from Rs.54,000/- to Rs.1,54,000/- and the appeal is partly allowed without any order as to costs. ___________________ R.KANTHA RAO,J Dated: 09.10.2009 Kvrm