HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A NO. 1075 OF 2006 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the order dated 4.3.2006 passed by the Motor Accidents Claims Tribunal-cum-Additional Metropolitan Sessions Judge for the Trial of Communal Offence Cases cum VII Additional Metropolitan Sessions Judge, Red Hills, Nampally at Hyderabad (for short ‘the Tribunal’) in OP No. 2141 of 2003 filed by the appellants-claimants claiming compensation of Rs. 3,00,000/- for the death of one K. Ravi in a motor accident that occurred on 30.5.2004 at about 1.30 PM when the deceased was going on foot towards Hydernagar and when he reached near Hydernagar Petrol Pump, APSRTC bus bearing No. AP 10Z 7220 of Kukatpalli Depot came in a rash and negligent manner and dashed the deceased and due to which, he received fatal injuries and succumbed to injuries while undergoing treatment. Both the respondents filed its counter denying the allegations made in the petition. 2. The Tribunal held that the accident occurred due to rash and negligent driving of the driver of the RTC bus bearing No. AP 10Z/7220 belonging to the respondents and also taking into consideration the evidence of PWs 1 and 2, especially the evidence of PW-2 who is an eye witness to the incident, awarded total compensation of Rs. 1,42,000/- with interest at 7.5% per annum from the date of filing the petition till the date of deposit of the amount into the Court. Aggrieved by the same, the appellants-claimants filed the present appeal. 3. The learned counsel appearing for the claimants contended that the Tribunal committed an error in fixing the multiplier at 13 instead of 15 and it failed to consider the evidence of PW-2 who categorically deposed that the deceased used to earn an amount of Rs. 4,000/- per month and he was a co-worker of the deceased. He also submits that the Tribunal ought to have awarded the compensation as claimed. 4. The learned counsel appearing for respondents submits that the order passed by the Tribunal is quite reasonable and there are no grounds to interfere with the order. 5. Heard the learned counsel appearing for the claimants and also perused the entire material made available on record. 6. As seen from the record, it is no doubt true that the accident occurred on 30.5.2004 at about 1.30 PM when the deceased was going on foot towards Hydernagar and when he reached near Hydernagar Petrol Pump, APSRTC bus bearing No. AP 10Z 7220 of Kukatpalli Depot, came in a rash and negligent manner and dashed the deceased and due to which, he received fatal injuries and succumbed to injuries while undergoing treatment. PW-1 is the mother of the deceased. PW-2 is an eyewitness to the accident and he deposed that the deceased is his friend and he is working along with him in Khaitan Factory under a subcontractor and used to earn Rs. 4000/- per month. Therefore, ends of justice would be met if Rs. 3,000/- per month is taken as the salary of the deceased and per annum it comes to Rs. 36,000/-. As the deceased is an unmarried boy, half of the earnings should be deducted and if deducted, the net amount come to Rs. 18,000/-. The age of the mother is about 40 years, the relevant multiplier is 14 as per the judgment of the Supreme Court report in SARALA VERMA VS. DELHI TRANSPORT CORPORATION[1] and if applied the correct multiplier, the amount comes to Rs 2,52,000/- (18,000 x 14 = 2,52,000). An amount of Rs. 10,000/- is granted towards loss of estate and Rs. 2,500/- is granted towards funeral expenses. Thus the total amount of compensation granted comes to Rs. 2,64,500/- (2,52,000 + 10,000 + 2,500 = 2,64,500). 7. Accordingly, this appeal filed by the claimants is allowed in part enhancing the compensation granted by the Tribunal from Rs. 1,42,000/- to Rs. 2,64,500/-. As far as the interest is concerned, the rate of interest granted by the Tribunal is reduced from 7.5% per annum to 7% per annum on the enhanced compensation. There shall be no order as to costs. _________________________ GHULAM MOHAMMED, J Date : 17.02.2011 KA [1] 2009 (6) scale 129