HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A. No.1333 OF 2011 JUDGMENT: The claimants in O.P.No.822 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Ranga Reddy District, are the appellants herein. 2. The application was filed for grant of compensation of Rs.3,00,000/- consequent on the death of the deceased Md. Mansoor Ali, husband of the 1st appellant, in a motor accident. 3. According to the petitioners, on 11.03.1997 at about 9.00 a.m., when the deceased was a cleaner in the lorry bearing No.AP 11 T 2030 and was going in the said lorry, on account of the rash and negligent driving of the said lorry, the same was turtle and the deceased received injuries and died. The 1st respondent is owner and 2nd respondent is insurance company. The insurance company disputed the nature of the incident and claimed that the deceased was an unauthorised passenger, the age of the deceased and also his earning capacity was also disputed. On consideration of the evidence of PWs.1 and 2 and the documents, the lower Tribunal found that the incident was due to the fault of the driver of the lorry, in which the deceased was cleaner and granted a compensation of Rs.2,17,200/- as against the claim for Rs.3,00,000/-. 4. The learned counsel for the appellant contends that the lower Tribunal has not properly taken into consideration the income of the deceased and the dependants are more. Evidently, the deceased was only a cleaner. The incident has occurred during the year, 1997. During that time, the income of a labourer was only fixed at Rs.1,500/- per month, the lower Tribunal has fixed the income at Rs.1,800/- per month though there is no documentary evidence to prove the same. After deducting the personal contribution, the loss of dependency was arrived at a sum of Rs.1,84,176/-. The deceased was aged above 40 years and a multiplier 12.79 was applied. The lower Tribunal also granted loss of consortium and also non-pecuniary damages of Rs.15,000/- each, which as per the present law is evidently more. The lower Tribunal also granted interest at 9% per annum. There are absolutely no merits in the appeal calling for interference of the award of the lower Tribunal. Accordingly, appeal is dismissed. There shall be no order as to costs. ________________________ N.R.L.NAGESWARA RAO,J Date:21.07.2011 INL