HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2953 OF 2001 Dated: 22.04.2010 BETWEEN: Bogam Sunitha and others .. Appellants And Parnem Ravindhar Reddy and another .. Respondent HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2953 OF 2001 JUDGMENT: This appeal is filed by the claimants challenging the award, dated 26.09.2001 passed by the Motor Accidents Claims Tribunal (Additional District Judge), Warangal in O.P.No.465 of 2000. 2. The deceased, B.Sadanandm who was aged 25 years received injuries in a motor vehicle accident occurred on 15.04.2000 while traveling in a tractor bearing No. AP 36 U 5145 and trailor No.5147 belonging to the first respondent and when the said vehicle turned turtle due to rash and negligent driving of the vehicle by its driver. The finding that the accident was caused due to rash and negligent driving of the driver of the tractor-trailor, the second respondent-insurance company is liable to pay compensation became final and there is also no appeal by the insurance company assailing the said finding. 3. I have heard the learned counsel appearing for the appellants-claimants and the learned counsel appearing for the second respondent-insurance company. 4. Since the appeal is filed challenging the quantum of compensation, this Court is only concerned to decide whether the compensation granted by the learned Tribunal is just and reasonable or grossly inadequate as contended by the claimants. There is no dispute about the fact that the deceased was aged 25 years on the date of accident and was a labourer. The learned Tribunal also rightly applied the multiplier 18 which is relevant to the age of the deceased. The only disputed fact is the income of the deceased for which there is no documentary proof except the oral testimony of PW.1 and there is no other evidence regarding the income of the deceased. However, the fact remains that the deceased was young man aged 25 years and in my considered view, his income can be reasonably fixed at Rs.2500/- per month for the purpose of computing the compensation and his annual income comes to Rs.2500/- x 12 = Rs.30,000/-. From this 1/3rd i.e. Rs.10,000/- has to be deducted towards the personal and living expenses of the deceased and the contribution to the family comes to Rs.20,000/-. If the said amount is capitalized with multiplier 18, it comes to Rs.20,000/- x 18 = Rs.3,60,000/-. This apart, the first appellant who is the widow of the deceased is entitled for Rs.10,000/- towards loss of consortium and the appellants are entitled for an amount of Rs.5,000/- towards funeral expenses and further sum of Rs.5,000/- towards loss of estate. The appellants are entitled for total compensation of Rs.3,60,000/- +Rs.10,000/- + Rs.5000/- + Rs.5000/- = Rs.3,80,000/-. Therefore, the enhancement would be Rs.3,80,000/- (minus) Rs.2,38,000/- = Rs.1,42,000/-. The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. 7. With the above enhancement in the compensation, the appeal is partly allowed. There shall be no order as to costs. _______________ R.KANTHA RAO,J Dated: 22.04.2010 Kvrm HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2953 OF 2001 Dated: 22.04.2010