HON’BLE SRI JUSTICE GHULAM MOHAMMED MACMA No. 1491 of 2007 JUDGMENT: This appeal is filed against the order dated 06.10.2006 passed in O.P.No.2998 of 2004 by the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad. 2. The claimants are the appellants herein. They filed the said O.P seeking compensation initially to amount of Rs.8,00,000/- and subsequently the claim was enhanced to Rs.10,00,000/- for the death of one Balam Indira who died in a motor vehicle accident occurred on 24.09.2004 involving lorry bearing No.AP 11W 2799. 3. The facts stated are:- On the fateful day, the deceased was going along with her brother as a pillion rider on motor cycle from Ambedkar University and when she reached Banjara Hills at about 04.40 PM, a lorry bearing No.AP 11W 2799 driven in a high speed and in a rash and negligent manner dashed the motor cycle due to which the deceased who was pillion rider on the motor cycle sustained grievous injuries and was shifted to Apollo Hospital where he succumbed to the injuries. The claimants are the husband and daughters of the deceased. They stated that the deceased was aged 31 years and was earning Rs.6,500/- per month. To prove the claim, the husband of the deceased was examined as PW.1 and another eye-witness as PW.2 and marked Exs.A-1 to A-12. The Tribunal considering the oral and documentary evidence as regards the culpability in causing the accident, held that the accident occurred due to the rash and negligent driving of the driver of the accident lorry and accordingly granted compensation of Rs.87,000/- with 7.5% interest per annum. Dissatisfied with the quantum of compensation granted by the Tribunal, the claimants have filed this appeal. 4. Heard learned counsel for the claimants/appellants and counsel for the respondents/insurance company. Perused the impugned order passed by the Tribunal. 5. There is no dispute as to the accident and nature of the accident and the deceased died in the said accident on account of the injuries sustained by her. The Tribunal considering the evidence of PW.2 who was an eye-witness to the accident travelling along with the deceased on the motor cycle, deposed that the accident lorry came from behind and dashed against the motor cycle as a result, the deceased fell down and the lorry ran over her and deceased also sustained grievous injuries and died on the way to the hospital. Hence, considering all these aspects of the matter, the Tribunal rightly came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the accident lorry. 6. Coming to the question of adequacy or otherwise compensation granted by the Tribunal, as on date of the accident, the deceased was 31 years old and she was doing business in DTP job work, drawing a salary of Rs.6,500/- per month. But, since there is no positive evidence to prove the income, her income can be fixed at Rs.3,500/- per month which annually comes to Rs.42,000/- (3,500 x 12). If 1/3rd is deducted from the annual income, it comes to Rs.28,000/- (Rs.42,000 – 14,000). Appropriate multiplier applicable as per the decision of the Hon’be Supreme Court reported in SARLA VERMA VS. DELHI TRANSPORT CORPORATION[1] is ‘16’, when applied, the amount comes to Rs.4,48,000/- (28,000 x 16). In addition to this amount, the claimants are entitled to a sum of Rs.10,000/- towards loss of consortium and another sum of Rs.10,000/- towards loss of estate, totaling to an amount of Rs.4,68,000/- with interest at 6% per annum from the date of petition till date of realization. 7. In the result, the appeal is allowed in part and the impugned order is modified to the extent indicated above. ______________________ GHULAM MOHAMMED, J March 31, 2011 KK/SP HON’BLE SRI JUSTICE GHULAM MOHAMMED MACMA No. 1491 of 2007 March 31, 2011 KK/SP [1] 2009 (6) scale 129