THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2667 of 2011 JUDGMENT: The appeal is filed against the award dated 17.01.2005 in M.V.O.P.No.180 of 2000 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Chittoor. The appellants are claimants, who filed the application for compensation of Rs.6,00,000/- consequent on the death of Chakravarthy, who is the husband of the 1st petitioner and father of petitioners 2 to 5 in a motor accident on 02.11.1998 when he was going in the jeep bearing No.AP-03-A-6456, lorry bearing No.TB-37-Z- 0825 came in a rash and negligent manner and dashed against the deceased. The deceased was said to be aged about 45 years and the petitioners are the dependants. The respondents 1 and 4 remained ex parte. The 2nd respondent, who is the owner of the jeep and the 3rd respondent, who is the insurance company, filed written statement denying the petition averments, nature of accident and liability. After considering the material on record, evidence of P.Ws.1 and 2 and Exs.A-1 to A-13, the lower Tribunal has granted a compensation of Rs.2,16,000/-. Aggrieved by the said award, 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 and dependence of the petitioners is concerned, there is no dispute. The learned counsel for the appellants contends that the deceased was a toddy tapper and has a tractor and his income was more, but the lower Tribunal has taken only Rs.1,800/- into consideration. Though there is no conclusive proof about the particulars of the income of the deceased, the fact remains that he was selling toddy. There is no proof that he was owning a tractor. Taking into consideration the above facts, the income of the deceased fixed at Rs.1,800/- and enhanced to Rs.2,000/- and there are five dependants, 1/4th has to be deducted towards the personal expenditure of the deceased and contribution to the family comes to Rs.1,500/-. Since the deceased is said to be aged about 45 years, the multiplier ‘14’ can be applied and the total dependency comes to Rs.2,52,000/- (Rs.1,500/- X 12 X 14). The petitioners will be entitled to non- pecuniary damages and loss of estate at Rs.20,000/-. A further sum of Rs.3,000/- is granted towards funeral expenses. The total compensation for which the petitioners are entitled, is Rs.2,75,000/- (Rupees two lakhs seventy five thousand only). The apportionment shall be made as directed by the lower Tribunal. With the above modification, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 18-10-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2667 of 2011 DATE: 20-10-2011 MR