HON'BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.1409 of 2003 JUDGMENT: The claimant preferred this appeal under Section 173 of the Motor Vehicles Act aggrieved by the order and decree dated 22-10- 2002 in O.P.No.240 of 1998 on the file of I Additional District Judge, Medak at Sanga Reddy. 2. The facts, in nutshell, are that on 03-11-1995 T.Krishna was travelling on the scooter bearing No.AP-23-4555 as pillion rider towards Sadasivpet and when they reached Perumandla Temple, the lorry bearing No.AHT-6380 coming in the opposite direction and driven in rash and negligent manner, hit the scooter resulting in instantaneous death of T.Krishna (deceased). Mother of the deceased filed the above OP claiming compensation of Rs.1,50,000/- from owner and insurer of the lorry involved in the accident. The Tribunal after considering the evidence of PWs 1 to 3 and Exs.A-1 to A-7 on behalf of the claimant and Ex.B-1 copy of insurance policy on behalf of respondents in OP, held that the accident occurred due to rash and negligent driving of the lorry by its driver and awarded compensation of Rs.81,000/- with proportionate costs and interest at 9% per annum from the date of petition till realisation. Dissatisfied with the quantum of compensation, the claimant preferred this appeal. 3. Heard learned counsel for the appellant and learned counsel for the respondent – insurer and perused the record. 4. The appeal being filed by the claimant, the finding as to rash and negligent driving of the lorry cannot be in dispute. Coming to the quantum of compensation, it is seen that the deceased was unmarried and was undergoing I.T.I course and as such, he was not an earning member. In the circumstances of the case, I am inclined to take Rs.15,000/- per annum as the notional income of non-earning member, out of which one-third has to be deducted towards personal living expenses and thus, the net loss of dependency works out to Rs.10,000/- per annum. The deceased was non-earning member and as such, I am inclined to take the age of the mother for applying the multiplier. The age of the mother is 44 years and the appropriate multiplier for that age is '14' as laid down in SARLA VERMA Vs. DTC [1]. Thus, the total loss of dependency works out to Rs.1,40,000/-. The claimant has lost her only son who was studying by the time of accident and she is the sole legal heir of the deceased and she will have to put up with the loss throughout her life and as such, I am inclined to grant Rs.10,000/- towards loss of estate and Rs.10,000/- towards loss of love and affection. Therefore, the claimant is entitled to the compensation of Rs.1,60,000/-. 5. In the result, the appeal is allowed enhancing the compensation to Rs.1,60,000/- (Rupees one lakh sixty thousand only) with proportionate costs. The enhanced compensation shall carry interest at the rate of 7% per annum from the date of petition till realisation. The appellant-claimant is directed to pay the appropriate court-fee on the compensation. ____________________________ GHULAM MOHAMMED, J. 29-07-2010 bsc [1] (2009) 6 SCC 121