THE HON’BLE SRI JUSTICE R.KANTHA RAO Dated this the 5th day of March, 2010. C.M.A.No. 2489 of 2003. Between: Battu Jagannadham and others. ……..Appellants vs. N.Vani Devi and another. ………Respondents. THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No. 2489 of 2003. JUDGEMENT I have heard Sri.V.L.N.G.K.Murthy, the learned Counsel for the appellants and Srinivasa Rao Vutla for the 2nd respondent/insurance company. This appeal is filed by the claimants challenging the Award dt. 13.12.2002 in O.P.No. 210 of 2000 on the file of the Motor Accidents Claims Tribunal-cum-IV Additional Chief Judge, City Civil Court, Hyderabad. The appellants/claimants filed claim petition under Section 166 of the M.V. Act claiming a compensation of Rs. 5,00,000/- on account of the death of the deceased Battu Amarasena in a motor accident that occurred on 30.11.1999 at D.M.R.L. cross roads near Champapet, Hyderabad. As against the compensation claimed, the Tribunal below awarded a sum of Rs. 50,000/- under no fault liability apart from granting a sum of Rs.15,000/- towards loss of estate. The deceased Battu Amarasena, who was aged 39 years on the date of his death, was said to be a business man and was said to be earning a sum of Rs. 6,000/- p.m. by doing ice business. Income tax returns submitted by him for the years 1997 to 2000 are marked as Exs: A.5 to A.8. However, accepting that the deceased was engaged in the business of ice and holding that there is no evidence indicating his income and further holding that the appellants are not depending on the earnings of the deceased, the learned Tribunal below awarded only an amount of Rs. 50,000/- under no fault liability apart from granting a sum of Rs. 15,000/- towards loss of estate to the appellants who are the brothers of the deceased. From the record it is clear that the appellant No.1 who is the father of the deceased is figured as one of the claimants in the claim petition and subsequently he died pending the claim petition and the deceased was the eldest of the remaining appellants and therefore it cannot be said that the appellants are not depending on the earnings of the deceased. Therefore, in the opinion of this Court awarding a sum of Rs. 50,000/- under no fault liability which is providedunder Section 146 of the Motor Vehicles Act is not proper and the compensation which is just and reasonable shall be granted to the appellants. Even if the earnings of the deceased are considered, basing on the II Schedule to Section 163-A of the M.V. Act as that of a non-earning person, it will be Rs. 15,000/- p.a. Since the deceased was unmarried, half of the said amount can be deducted towards his personal and living expenditure, which comes to Rs. 7,500/-. To arrive at total loss of dependency, the above amount has to be capitalized with multiplier 16, which is relevant to the age of the deceased as per II Schedule, which comes to Rs. 1,20,000/-. This apart, the appellants are entitled for an amount of Rs. 5,000/- towards funeral expenses and Rs. 5,000/- towards loss of estate. In all the appellants are entitled for a compensation of Rs. 1,30,000/-. Thus, the enhancement is Rs. 60,000/- and the enhanced amount shall carry the interest @ 6% p.a. from the date of petition till the date of realisation. In the result, the appeal is partly allowed. There shall be no order as to costs. __________________ R.KANTHA RAO,J 5.3.2010. krb. THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No. 2489 of 2003. Dated this the 5th day of March, 2010.