THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.846 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 31.8.2000, in O.P.No.222 of 1999, passed by the Motor Accident Claims Tribunal- cum-I Additional District Judge, Kadapa (for brevity “the Tribunal”), awarding a sum of Rs.67,000/- in all, as against the claim of Rs.1,00,000/- made by the appellant, being the wife of the deceased Maddu Venkata Subbaiah, who died in a road accident that occurred on 7.5.1998 at 7-30 p.m., near Chinthapalli Bus stop on Porumamilla Kommarole main road, due to the rash and negligent driving on the part of driver of the Bus, bearing registration No.AP 10Z 3350, belonging to the respondent-A.P. State Road Transport Corporation, 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.67,000/- 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. It is to be seen that the while awarding compensation, the Tribunal by way of recording the averment that the deceased was earning a sum of Rs.3,000/- per month by doing cultivation, without any further reason, simply fixed the compensation at Rs.50,000/-, and further awarded a sum of Rs.2,000/- towards funeral expenses and another sum of Rs.15,000/- towards loss of consortium. From the impugned order, it could be further seen that instead of assessing the compensation on the basis of other counts, the Tribunal simply observed that the compensation awarded is inclusive of no fault liability. In my view, the said observation is incompatible. However, I am not inclined to go into all those aspects. 7. Therefore, taking into consideration the principles of equity, I feel it proper and just to enhance the compensation by a sum of Rs.10,000/- more. Thus, in all, the appellant shall be entitled to a sum of Rs.77,000/-. 8. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.67,000/- to Rs.77,000/- (Rupees seventy seven thousand 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.846 of 2003 01.07.2010 (Msr)