THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.Nos.3458 of 2008 & 1663 of 2009 COMMON JUDGMENT: M.A.C.M.A.No.3458 of 2008 is filed by the APSRTC questioning the award, dated 31.03.2008, in O.P.No.2489 of 2006 on the file of the learned Chairman, Motor Vehicles Accidents Claims Tribunal-cum-Chief Judge, City Civil Court, Hyderabad, wherein the claim of the respondents 1 to 5 herein was allowed in part awarding compensation of Rs.4,21,000/- with interest @ 6% p.a. from the date of the petition. M.A.C.M.A.No.1663 of 2009 is filed by the claimants seeking enhancement of the compensation. 2. Heard both sides. Perused the record. 3. As the two appeals arise out of the same order, they are heard together and are being disposed of by this common order. 4. 1st claimant is the wife; claimants 2 to 4 are the minor children and claimant No.5 is the mother of the deceased- Sk.Maqsood @ Masood, who died in a motor vehicle accident that occurred on 19.09.2006. According to the claimants, on that day, the deceased was proceeding on his scooter from Attali village towards Muneerabad and at about 5.30 p.m., an RTC bus bearing No.AP 9Z 4536, driven in a rash and negligent manner by its driver, dashed against the scooter of the deceased near Medchal bus depot as a result of which the deceased sustained multiple injuries, including head injury, and he was taken to the Mediciti hospital, Ghanpur and later shifted to Gandhi hospital, Secunderabad and while undergoing treatment he died on 29.09.2006. It is further pleaded that the deceased was aged 28 years and he was earning Rs.6000/- per month as a centring maistry. The APSRTC filed counter opposing the claim and denying their liability to pay the compensation. 5. During enquiry before the Tribunal, P.Ws.1 and 2 were examined and Exs.A1 to A5 were marked on behalf of the respondents herein. No oral or documentary evidence was adduced on behalf of the APSRTC. 6. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the bus by its driver. The said finding is not seriously challenged in the present appeal. The Tribunal awarded total compensation of Rs.4,21,000/- with interest @ 6% p.a. 7. The evidence on record shows that the deceased was a maistry and was aged 35 years. The Tribunal has correctly applied the multiplier of ‘16’, which is appropriate to the age of the deceased. The Tribunal, however, has taken the income of the deceased as Rs.3000/- per month and after deducting 1/3rd towards personal expenses estimated the contribution of the deceased to his family at Rs.2000/- per month and estimated the loss of dependency in a sum of Rs.3,84,000/-. It is not seriously disputed that even an ordinary labourer would earn daily wage of Rs.100/-on an average. As the deceased is shown to be a centring maistry, it is considered just and proper to estimate his income slightly at a higher rate than the daily wage of an ordinary labourer. Thus, taking the wages of the deceased at Rs.150/- per day, his monthly income can be estimated at Rs.4500/-. As the deceased has left behind five surviving legal heirs, only 1/4th of the income is to be deducted towards personal expenses as per the decision of the apex Court in SARLA VERMA v. DELHI TRANSPORT CORPORATION’ [1]. The contribution of the deceased to his family would therefore come to Rs.3375/- per month. The loss of dependency would therefore come to Rs.6,48,000/- ( Rs.3375/- X 12 X 16). Claimants are also entitled for a sum of Rs.5000/- towards loss of estate; Rs.5000/- towards funeral expenses and Rs.10,000/- towards loss of consortium. Thus the total amount payable to the claimant would come Rs.6,68,000/- and the same is payable with interest @ 6% p.a. The impugned award is modified accordingly. 8. In the result, M.A.C.M.A.No.3458 of 2008, filed by the APSRTC, is dismissed and M.A.C.M.A.No.1163 of 2009, filed by the claimants, is allowed in part to the extent stated above. _______________________ G.V.SEETHAPATHY, J 09th November, 2011 Tsy [1] 2009 ACJ 1298