THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3184OF 2003 K. Ashok and another V. Siddappa and another THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3184 OF 2003. Oral Judgment: This Civil Miscellaneous Appeal is preferred by the claimants seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Medak at Sangareddy. 2) The claimants, appellants herein, are the parents of the deceased. That on 19-2-2000 at about 5.00 p.m. while the appellants along with the deceased were waiting at Pasapur Bus Station in front of Anjaiah Hotel, a jeep bearing no. AHO 8057 came from Zaheerabad side towards Jharasangam at a high speed, in a rash and negligent manner and in wrong side and dashed the deceased, due to which the deceased received injuries and immediately he was taken to the Government Hospital, Zaheerabad where the doctors reported that the deceased died. The appellant therefore filed O.P. seeking compensation of Rs.1,00,000/- from the owner and insurer of the jeep involved in the accident. 3) Before the Tribunal, the owner of the jeep remained ex-parte, the 2nd respondent-insurance company filed counter denying the averments of the claim petition. On the basis of the rival contentions, appropriate issues were framed and evidence was adduced by the parties. 4) In support of their case, claimants examined P.W.1 and also P.W.2 who is an eye-witness to the incident and got marked Exs.A.1 to A.5. The respondents did not choose to examine any oral evidence, but got marked Ex.B.1 the copy of insurance policy with consent. 5) The Tribunal on consideration of the evidence including that of P.W.2 who is an eye witness to the incident, and in the absence of any rebuttal evidence by the respondents therein, rightly, came to the conclusion that the driver of the jeep drove it in a rash and negligent manner and dashed 12 year old boy - Raju causing his death. 6) P.W.1 who is the father of the deceased, stated that their only son died in the accident and that due to sudden death of the deceased the claimants are suffering mental agony, as they lost their son. In the circumstances, even as per the Second Schedule to the Act, utpo the age of 15 years the appropriate multiplier to be adopted is 15. Since the deceased is a school going boy, the average loss of income can be fixed at Rs.1500/- as average income per month and after deducting 1/3rd of the amount of towards personal expenses, loss of future earnings comes to Rs.1000/- per month, the annual loss of earnings comes to Rs.12,000/- and when multiplier 15 is applied, the loss of total earnings comes to Rs.1,80,000/-. Accordingly, the claimants are entitled for total amount of Rs.1,80,000/- as compensation for the untimely death of their son. 7) In the result, the appeal is allowed granting total compensation of Rs.1,80,000/- on all counts, with 7 % interest per annum from the date of petition till realization on the enhanced amount. The claimants are entitled for the enhanced amount of compensation subject to payment of additional court fee on the enhanced amount and as per the judgment of the Supreme Court in NAGAPPA v GURUDAYAL SINGH ( 2002 (8) SUPREME 497). 8) No costs. GM, J Kk/1-7-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3184 OF 2003 1-7-2010