THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2192 of 2011 JUDGMENT: The appeal is filed against the order dated 10.12.2004 in O.P.No.282 of 2002 on the file of the Motor Accident Claims Tribunal- cum-District Judge, Karimnagar, consequent on the death of the deceased Praveen in a motor accident on 15.03.2001, the parents have claimed compensation of Rs.5,00,000/-, whereas the lower Tribunal has granted a sum of Rs.1,16,000/-. According to the case of the petitioners, the deceased was working as a senior faculty member in ICSS Informatics and was drawing a salary of Rs.6,000/- per month and on 15.03.2001 when he was going on his scooter the lorry bearing No.AP-9-U-6769 driven by its driver in a rash and negligent manner and dashed against the deceased, as a result of which he died. The insurance company and the owner did not seriously dispute about the nature of the incident and the lower Tribunal also on the basis of the evidence on record accepted the cause of death of the deceased. However, the lower Tribunal has taken into consideration the earning capacity of the deceased only as Rs.1,500/- per month and fixed the compensation. It is true as found by the lower Tribunal that the appellants failed to prove Exs.A-7 and A-8 salary slips by not examining the persons, who have issued the same. But the fact remains that the deceased was educated and was employed on technical side. The earning capacity of Rs.1,500/- per month taken by the lower Tribunal is general as the earning capacity fixed with regard to the labourers and other employees. Therefore, taking into consideration the above facts, I feel the ends of justice would meet, if the earning capacity of the deceased is taken as Rs.3,000/- and when half of it has to be deducted towards personal expenditure the yearly contribution comes to Rs.18,000/-. The age of the mother is to be taken into consideration and it is shown as 50 years and, therefore, the relevant multiplier ‘13’ is applied. The total compensation comes to Rs.2,34,000/-. The petitioners will be entitled to Rs.15,000/- towards non-pecuniary damages and the total comes to Rs.2,49,000/- rounded off to Rs.2,50,000/-. The petitioners are entitled to a compensation of Rs.2,50,000/- (Rupees two lakhs fifty thousand only). The interest rate shall be at 7.5% per annum instead of 9% per annum. The apportionment shall be as per the orders of the lower Tribunal. Accordingly, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 14-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2192 of 2011 DATE: 14-09-2011 MR