THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No. 4222 of 2003 JUDGMENT: This civil miscellaneous appeal is filed by the petitioners- claimants against the order and decree dated 20.11.2000 passed by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad, in O.P.No.447 of 1999. 2. Heard. 3. The brief facts are as follows: The appellants-petitioners are the parents of M. Narender, the deceased aged 18 years, who died in a motor accident on 21.02.1998 at about 22.30 hours. While he was traveling on scooter bearing No.AP 13B 5823 along with his friend towards Mayurimarg to Jubilee Bus Station, near Begumpet police station, lorry bearing registration No.AP 9U 8689 came in high speed in a rash and negligent manner and hit the scooter from backside, as a result, the deceased, who was pillion rider, fell down and the lorry ran over him, which resulted in the instantaneous death of the deceased. A case in Cr.No.32 of 1998 was registered by Begumpet police about the accident, under Section 304-A IPC. Petitioners claimed compensation of Rs.1,50,000/- contending that the deceased was earning Rs.2000/- per month as Mechanic. First respondent remained exparte. The second respondent insurance company filed counter denying the allegations in the petition alleging that the petitioners have to prove all the allegations. 4. On the basis of the above pleadings, the following issues were framed: 1. Whether the accident in question took place on 21.02.1998 at about 20.30 due to rash and negligent driving of the lorry bearing No.AP 9U 8689? 2. Whether the petitioner is entitled to any compensation for the injuries sustained by him in the accident? If so, to what amount? 3. To what relief 5. On behalf of the petitioners, P.Ws.1 and 2 were examined and Exs.A1 to A5 were marked. On behalf of the respondents, no oral evidence was adduced, however, Ex.B1 copy of policy was marked. On the basis of the material on record, the learned trial Judge held that the petitioners are entitled for compensation of Rs.95,000/-. Aggrieved by the above quantum, the petitioners preferred the present appeal. 6. There is no dispute about the accident and about the petitioners-claimants being entitled for compensation inasmuch as there is no appeal challenging the compensation awarded or with regard to the liability of the respondents. Thus, the only question that remains to be answered is the quantum of compensation. 7. Now, the point for consideration is whether there are any grounds to enhance the compensation? 8. Learned counsel for the appellants contends that the court below granted very meager amount by calculating the income of the deceased at Rs.3000/- per annum, even though the appellants filed salary certificate Ex.A5 to show the income of the deceased as Rs.1800/- per month, and nothing was awarded towards future earnings of the deceased and the loss of estate etc. 9. There is no material on record to show the age of the deceased and the court below held that as per post-mortem certificate, the deceased was aged about 15 years only. Though the petitioners filed Ex.A5 showing the income of the deceased as Rs.1800/-, they have not examined any person to prove the same. The Court below rightly concluded that the deceased was a minor, aged about 15 years. As the deceased was minor, the court below without applying multiplier, awarded a sum of Rs.50,000/- under no fault liability and another amount of Rs.45,000/- was awarded considering the present cost of living. 10. Considering the submissions made by the appellants, and in view of the decision of the Hon’ble Supreme Court in R.K.MALIK AND ANOTHER v. KIRAN PAL AND OTHERS[1] as the deceased was 18 years old, I am inclined to grant another amount of Rs.55,000/- towards additional compensation and accordingly, the compensation is enhanced from Rs.95,000/- to Rs.1,50,000/-. Accordingly, I hold that the petitioners are entitled for total compensation of Rs.1,50,000/-.(Rupees one lakh fifty thousand only). 11. Accordingly, the appeal is partly allowed enhancing the compensation to Rs.1,50,000/- from Rs.95,000/- awarded by the Court below. The rate of interest on the enhanced amount of compensation shall be at 6% per annum. No costs. ___________________ P. SWAROOP REDDY, J. Date: 24.12.2010 Rns [1] (2009) 14 Supreme Court Cases 1