THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY MA.CMA.No.2909 of 2009 JUDGMENT: One Mr. K.Kistaiah, husband of the first appellant and father of appellant Nos.2 to 4, died in an accident on 19.09.2002 involving a vehicle bearing No.AP23 T 7768, when he was travelling in it from Atmakur to Sadasivpet. The appellants filed O.P.No.219 of 2003 before the Motor Accident Claims Tribunal-cum-Principal District Judge, Medak at Sanga Reddy (for short ‘the Tribunal’), claiming a sum of Rs.2,00,000/- as compensation. It was pleaded that the deceased was aged 55 years and that he was a labour. The O.P. was opposed by the second respondent alone. Through its order, dated 06.12.2004, the Tribunal allowed the O.P. and awarded a sum of Rs.81,240/- as compensation. The appellants seek enhancement thereof. Heard the learned counsel for the appellants and the learned counsel for the second respondent. The occurrence of accident and age of the deceased are not in dispute. The Tribunal recorded a specific finding to the effect that the accident occurred on account of the rash and negligent driving of the driver of the vehicle insured with the second respondent. The deceased was an agricultural labourer and no evidence was adduced to prove his income. Therefore, Second Schedule appended to the Motor Vehicles Act, 1988 (for short ‘the Act’) becomes relevant. According to it, Rs.15,000/- shall be taken as annual income, if no evidence is adduced. Thereby, if 1/3rd is deducted, the loss of dependency on account of the death of the deceased, would be Rs.10,000/- per year. The Tribunal has chosen the multiplier as 4.27. According to the Second Schedule appended to the Act, the multiplier for a person of the aged 55 years, is 11. Therefore, the loss of dependency works out to Rs.1,10,000/-. The Second Schedule itself provides for fixed amounts to be awarded towards loss of estate, funeral expenses etc., which amount to Rs.9,500/-. The same may be rounded off to Rs.10,000/-. Hence, the Civil Miscellaneous Appeal is allowed, enhancing the compensation to Rs.1,20,000/-. The shares of the appellants shall stand enhanced proportionately. The enhanced amount shall carry interest at 7.5% per annum. _________________________ L.NARASIMHA REDDY, J 17th AUGUST, 2009. kvni