THE HON’BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.2514 of 2006 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 compensation awarded in M.V.O.P.No.440 of 2005 on the file of the Motor Accident Claims Tribunal-cum- Principal District Judge, Kurnool (for brevity ‘the Tribunal) by the order, dated 14.08.2006, whereunder a sum of Rs.1,86,100/- was awarded as compensation for the death of one P.Chenna Kesavulu (hereinafter referred to as “the deceased”) in a motor vehicle accident, as against the claim of Rs.3,00,000/-. The facts of the case shorn of unnecessary details are that on 22.12.2004, at about 11.30 pm., while the deceased was returning to his village-Penumada on foot, a jeep bearing registration No.AP 21 V 4345 driven by its driver in a rash and negligent manner in a high speed dashed him, resulting in his instantaneous death. Hence, the first petitioner who is the mother, the second petitioner who is the wife and petitioners 3 to 5-the children of the deceased filed the claim petition before the Tribunal claiming compensation. To prove the case, on behalf of the claimants, the second claimant got herself examined as P.W-1 and two other witnesses P.Ws.2 and 3 were examined and Exs.A-1 to A-5 were marked. On behalf of the insurer, Exs.B-1 and B-2 were marked and none was examined. The Tribunal, after considering the entire evidence, both oral and documentary, on record held that the accident occurred due to the rash and negligent driving by the driver of the offending jeep. Heard learned counsel for the appellants-claimants and learned Standing counsel for the second respondent-insurance company. The only point that arises for consideration 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 working as a coolie and was earning Rs.100/- per day. Apart from that, P.W-2, who is said to be working along with the deceased as a coolie, deposed corroborating the version of P.W-1 as regards the earnings of the deceased. Hence, considering the facts and circumstances of the case, this Court is of the view that it would be appropriate to take Rs.2,500/- per month as earnings of the deceased. In such an event, the annual income of the deceased works out to Rs.30,000/- and as there are five dependents on him, if 1/4th of it is deducted towards his personal expenses, his annual contribution to his family comes to Rs.22,500/-. Having regard to the age of the deceased at 32 years, which is supported by the contents of Ex.A-3-post-mortem certificate, by applying the appropriate multiplier of ‘16’, the compensation towards loss of dependency comes to Rs.3,60,000/-. However, as the claim of the claimants-appellants was only for a sum of Rs.3,00,000/-, the same is restricted to Rs.3,00,000/-. Accordingly, the appeal is allowed, enhancing the compensation from Rs.1,86,100/- to Rs.3,00,000/-. The enhanced compensation shall carry interest at the rate of 6% 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 17th March 2011 dr