HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.546 of 2008 Date: 22-7-2011 Between Smt. Shali Bee and 5 others … Appellants/Petitioners and P.Lakshmi Rangaiah and another … Respondents/ Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.546 of 2008 Judgment: Being aggrieved by the order and decree dated 15-10-2007 in O.P.No.899 of 1998 on the file of the Motor Accidents Claims Tribunal cum I Additional District Judge, Mahabubnagar, Mahabubnagar district the present civil miscellaneous appeal is filed by the appellants- petitioners. 2. The appellants herein are the claimants in O.P.No.899 of 1998 before the tribunal below. The claimants filed the said O.P., claiming compensation of Rs.2,00,000/- for the death of the deceased Shalimiya in a road traffic accident that occurred on 29-8-1998. The tribunal below, while assessing the evidence on record, awarded compensation of Rs.1,39,000/- under all heads. Being aggrieved, the present civil miscellaneous appeal is filed by the claimants. 3. The learned counsel for the appellants mainly urged that the tribunal below without any evidence being adduced on behalf of the respondents held that there was contributory negligence on the part of drivers of both the vehicles and reduced half of the compensation arrived, which is erroneous and draws the attention of this Court to Exs.A-1 and A-2, copies of First Information Report and charge-sheet, respectively. He also further urged that 1/4th has to be deducted towards personal expenses of the deceased as the petitioners in this case are 6 in number and placed reliance on a judgment of the apex Court in SARLA VERMA v. DTC[1]. 4. Now, the point for consideration is -- whether the claimants are entitled for enhancement of compensation ? 5. Point:- The appellants herein are the petitioners-claimants in O.P.No.899 of 1998. Admittedly, these petitioners are the legal representatives of the deceased Shali Miya. They filed a petition claiming compensation of Rs.2,00,000/- for the death of the deceased Shali Miya. The tribunal below while considering the evidence on record awarded compensation of Rs.1,39,000/-. Being aggrieved, the present appeal is filed. 6. The factum of accident is not disputed. However, the tribunal below while assessing the evidence on record, came to the conclusion that there was contributory negligence by the drivers of both the vehicles. The petitioners, in order to prove the accident, examined P.W.2 and got marked Exs.A-1 to A-5. Admittedly, P.W.2 lodged the complaint and the Police registered the same as a case in Crime No.680 of 1998 and issued Ex.A-1 FIR against the driver of the offending lorry. 7. The evidence of P.W.2 corroborated the allegations in Ex.A- 1. The same is further proved by the charge-sheet Ex.A-2. When there is a positive finding under Ex.A-2 charge-sheet and it is proved that the accident was due to the rash and negligent driving of the driver of the offending lorry, against whom the charge-sheet was filed, the finding of the tribunal below fixing contributory negligence on the drivers of both the vehicles is not sustainable in any view of the matter. Therefore, the finding of the tribunal below on that score is not sustainable and the same is set aside. 8. The tribunal below while assessing the income of the deceased came to the conclusion that the income of the deceased was Rs.3,000/- per month. Reducing the same by 1/4th by applying the principles laid down in SARLA VERMA’s case (1 supra), the loss of dependency can be fixed at Rs.27,000/- per annum (Rs.2,250/- x 12). The deceased was in the age group of 45 to 50 years and therefore, the multiplier applicable is ‘13’ as per SARLA VERMA’s case (1 supra). Accordingly, multiplying the loss of dependency with the multiplier, the gross loss of income of the dependents of the deceased can be assessed as Rs.3,51,000/- (Rs.27,000/- x 13). The tribunal below added another sum of Rs.10,000/- towards loss of consortium, Rs.5,000/- towards loss of estate and Rs.2,000/- towards funeral expenses, which, in my view, are just and reasonable. In all, the compensation comes to Rs.3,68,000/-. The claim was filed by the claimants for Rs.2,00,000/-. Therefore, the claimants are entitled for the compensation of Rs.2,00,000/- as claimed by them. 9. In the result, the civil miscellaneous appeal is allowed enhancing the amount of compensation awarded by the tribunal below from Rs.1,39,000/- to Rs.2,00,000/- (Rupees two lakhs only). The enhanced amount of compensation shall carry interest at the rate of 7.5% per annum from the date of petition till realization in the special circumstances of the case on hand. No costs. ___________________ K.S.APPA RAO, J. 22nd July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.546 of 2008 22nd July, 2011. (Ak) [1] (2009) 6 SCC 121