THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 3073 of 2011 JUDGMENT: The appeal is ﬁled against the order dated 16.04.2005 in M.V.O.P.No.117 of 2003 on the ﬁle of the Judge, Family Court, Secunderabad questioning the quantum of compensation. A claim was made by the petitioners for compensation of Rs.5,00,000/- consequent on the death of the deceased B.Jagan in a motor accident on 03.04.2003 when the deceased along with his wife was proceeding on foot from Erragadda to Ameerpet and near Sanjeeva Reddy Nagar main road suddenly a scooter bearing No.AP-28-AE-6873 came in a rash and negligent manner, which was insured with the 2nd respondent, and dashed against the deceased, as a result of which the deceased fell down and the APSRTC bus bearing No.AEZ 5021 came in a rash and negligent manner and ran over the deceased, as a result of which he received multiple injuries and died. The deceased was said to be aged about 35 years and working as a welder in M/s S.K. Industries drawing a salary of Rs.4,250/-. Consequently, the 1st petitioner, who is the wife, petitioners 2 and 3, who are the children and petitioners 4 and 5, who are the parents of the deceased, have claimed the compensation. The 1st respondent remained ex parte and the 2nd respondent ﬁled a counter denying the nature of the incident and contended that there is no liability since the cause of death was not due to the act of the rider of the scooter. The 3rd respondent also ﬁled a counter contending that there is no rashness or negligence on the part of the driver of the bus and the age of the deceased and his earning capacity are also disputed. Taking into consideration the material evidence on record, the lower Tribunal has granted a compensation of Rs.2,60,400/- and found that the incident was due to the fault of the drivers of both the vehicles and consequently directed the respondents to deposit the amount. Aggrieved by the same, the present appeal is filed. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is just and reasonable? POINT: So far as the cause of death of the deceased is concerned, there is no dispute and neither the insurance company nor the APSRTC have ﬁled any appeal challenging the award. The only question that has to be considered is whether the lower Tribunal has rightly considered the income of the deceased. The contention of the learned counsel for the appellants is that the deceased was drawing a salary of Rs.4,250/- per month and a certiﬁcate Ex.A-3 is said to have been given and this is said to have been proved by the evidence of P.W.3. However, the lower Tribunal has only ﬁxed the income of the deceased at Rs.1,800/- per month without any reason and consequently the compensation granted is not proper. It is to be noted that P.W.3 is said to be the proprietor of M/s S.K. Industries, except ﬁling a salary certiﬁcate Ex.A-3, which is said to have been issued, he did not ﬁle any document to show about the payment of salary at Rs.4,250/- when the deceased was said to be working for the last ﬁfteen years in his company. The age of the deceased is said to be 35 years as per the claim and the evidence of P.W.3 is the deceased was said to be working for the last 15 years with him, which means he must be working for the last 15 years. However, as can be seen from Ex.B-1, the deceased was said to be an employee in M/s Bakelite Hylum Company Limited, Hyderabad and he took V.R.S. and thereafter pension was being paid to the wife. All the circumstances clearly go to show that neither the age of the deceased was true nor his claim for employment and earning Rs.4,250/- is true. It is only an attempt to get enhanced compensation on cooked up documents without any credence to the evidence of P.W.3 or Ex.A-3. The lower Tribunal has rightly rejected the claim and only ﬁxed the income at Rs.1,800/- per month. There are absolutely no merits in the appeal. Accordingly, the appeal is dismissed with costs of all the respondents. The pleader’s fee for the respondents is fixed at Rs.2,000/- (Rupees two thousand only). ________________________ N.R.L.NAGESWARA RAO, J 30-11-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 3073 of 2011 DATE: 30-11-2011 MR