THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL MISCELLANEOUS APPEAL No.1390 of 2004 JUDGMENT: This appeal is filed by the claimants under Section 173 of the Motor Vehicles Act, 1988 (for brevity the ‘the Act’) seeking to enhance the quantum of compensation awarded in O.P.No.1146 of 2001 on the file of the Motor Accident Claims Tribunal-cum-IV Additional Chief Judge, City Civil Court, Hyderabad (for brevity ‘the Tribunal) by the order, dated 29.12.2003, whereunder a sum of Rs.2,05,000/- was awarded as compensation for the death of one Mallappa (hereinafter referred to as “the deceased”) in a motor vehicle accident. The brief facts of the case are that on 26.12.2000 at about 17.30 hours when the claimant along with others was travelling in a Tata Sumo bearing No.AP-28/R-5379 from Thiruchandur to Rameshwaram side, at Eppodevendram, Moodu Kallapalem (bridge) side, one LPG Tanker lorry bearing No.KA-21/A-277 came from opposite direction in a high speed and in a rash and negligent manner and dashed against the Tata Sumo, due to which the deceased and other inmates sustained grievous injuries and subsequently, the deceased succumbed the injuries. Hence, the claim petition seeking compensation of Rs.5,00,000/-. Heard learned counsel for the appellants-claimants and the learned Standing Counsel for the insurer-second respondent. Learned counsel appearing for the claimants contended that the compensation awarded by the Tribunal is on lower side and prays to enhance the same. The method and manner in which the accident occurred are not in dispute and hence, the same are not dealt with in this appeal. The only point for determination in this appeal is whether the quantum of compensation awarded by the Tribunal is just and reasonable. P.W-1-the wife of the deceased deposed that the deceased was earning Rs.5,000/- per month by doing vegetable business. But, no other evidence either supporting or corroboration the same has been adduced on behalf of the claimants before the Tribunal. Hence, the income of the deceased can safely be taken at Rs.3,000/- per month. As there are five dependants on the deceased, if 1/4th of his income is deducted towards his personal expenses, his annual contribution to the family works out to Rs.27,000/-. Having regard to the age of the deceased at 29 years as on the date of the accident, by applying the appropriate multiplier of ‘12’, the compensation towards loss of dependency works out to Rs.4,59,000/-. In addition to the same, the claimants are also entitled to Rs.10,000/- towards loss of consortium and Rs.10,000/- towards loss of estate. In all, the claimants are entitled to a total compensation of Rs.4,79,000/-(Rupees Four lakhs seventy nine thousand only). In the result, the Civil Miscellaneous Appeal is allowed in part, to the extent indicated above, enhancing the compensation awarded by the Tribunal from Rs.2,05,000/- to Rs.4,79,000/-. The enhanced compensation shall carry interest at the rate of 7% per annum from the date of filing of the said O.P. till the date of realization. However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 09th December 2010 DR