THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.840 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 24.10.2002, in M.V.O.P.No.923 of 1998, passed by the Chairman, Motor Accident Claims Tribunal-cum-IV Additional District Judge, Guntur (for brevity “the Tribunal”), awarding a sum of Rs.1,18,500/- as against the claim of Rs.1,56,000/- made by the appellants-petitioners, being the sons of the deceased Dasari Krupamma, who died in a motor accident that occurred on 11.10.1998, due to the rash and negligent driving on the part of driver of the lorry, bearing registration No.ADF 1026, belonging to the 1st respondent and insured with the 2nd respondent-United India Insurance Company Limited, the present civil miscellaneous appeal has been preferred. 3. This is a case of death in a road accident. The other particulars regarding the accident and the aspect of negligence are not referred to since not in dispute. 4. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a sum of Rs.1,18,500/- towards compensation. Hence the present appeal. 5. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 6. From the impugned order, it could be seen that the death was occurred because of the rash and negligent driving on the part of the driver of the offending lorry. When it comes to the aspect of compensation, by taking into consideration the age of the deceased and also the occupation of selling vegetables in which she was involved, the Tribunal has quite reasonably fixed the income of the deceased notionally at Rs.15,000/- per annum. After applying the right multiplier ‘11’, and after deducting 1/3rd towards the personal expenses of the deceased, the compensation towards loss of dependency was arrived at Rs.1,10,000/-. Apart from the above, the Tribunal also awarded an amount of Rs.2,500/- towards funeral expenses, Rs.1,000/- towards transportation charges and Rs.5,000/- towards loss of estate. Thus, a total amount of Rs.1,18,500/- was awarded towards compensation on all counts. 7. In this regard, it is to be seen that it is settled law that in case of death, the minimum amount towards loss of estate would be Rs.15,000/-. But, in the instant case, the Tribunal had awarded a sum of Rs.5,000/- only towards loss of estate. This is the only area in which the Tribunal had committed error in quantifying the compensation. Therefore, I feel it just and proper to enhance the compensation towards loss of estate by another sum of Rs.10,000/-, in which event the total amount of compensation comes to Rs.1,28,500/-. 8. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.1,18,500/- to Rs.1,28,500/- (Rupees one lakh twenty eight thousand five hundred only). The additional amount of Rs.10,000/- (Rupees ten thousand only) shall carry interest at 7.5 per cent per annum from the date of filing of the O.P. before the Tribunal, till realization. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 01.07.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.840 of 2003 01.07.2010 (Msr)