THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.2193 OF 2002 Kuditi Surya Rao and others V. Yellaboina Dhanaraju and another THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.2193 OF 2002. Oral Judgment : This Civil Miscellaneous Appeal is preferred by the parents of the deceased seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal-cum- IV Addl. District Judge, East Godavari at Rajahmundry. The facts in brief are that deceased Sujatha Rani, the daughter of the claimants, was working in a private company and was earning Rs.1500/- per month, besides earning additional amount of Rs.1,500/- per month by tailoring work, while staying at her paternal uncle’s house at Gaigolupadu village. On 6-9-1999 the deceased came to Kakinada to purchase a saree along with her uncle on a Luna and while they were returning back at about 9.30 p.m. while they reached Ashram Public School near Kakinada, R1 drove the lorry bearing No. AHT 9145 in a rash and negligent manner at high speed and hit from behind due to which the deceased sustained injuries and died on the spot and that the paternal uncle of the deceased also sustained injuries. In view of the untimely death of the deceased the parents filed the present O.P seeking compensation of Rs.3,00,000/- against the respondents. Respondent No.1 being driver the lorry and R.2-owner of the lorry remained ex-parte before the Tribunal. The respondent no.3-insurance company filed counter denying the averments of the claim petition. On the basis of the pleadings, appropriate issues were framed. On behalf of the claimants P.W.1 father of the deceased and P.W.2 paternal uncle being eye witness to the incident were examined and Exs. A. 1 and A.2 were marked. On behalf of the respondents no oral evidence was adduced, however, Ex.B.1 was marked. The Tribunal on consideration of the evidence while holding that the R.1 drove the lorry in rash and negligent manner, granted an amount of Rs.54,520/- as compensation. Being dissatisfied with the quantum of compensation, the present appeal has been filed by the claimants. Heard the learned counsel on either side. Though the 3rd respondent pleaded that the accident might have occurred due to the contributory negligence of the paternal uncle of the deceased, to substantiate the said plea no evidence was adduced. On the other hand, P.W.2 who is the direct eye witness and also sustained injuries in the accident categorically stated that while they were proceeding on the Luna, and when they reached Ashram Public School, the crime lorry came from behind and dashed them and that at that juncture they were proceeding on the extreme left side of the road and the same is uncontroverted and supported by Ex.A.1-FIR, therefore, the conclusions arrived at by the Tribunal with regard to rash and negligent driving of the driver of the lorry needs no interference. With regard to quantum of compensation, it is in the evidence that the deceased used to work in a company. Though no documentary evidence was produced by the claimants as to the actual income of the deceased, it is seen from the evidence that the deceased was working in a company apart from doing tailoring work at her paternal uncle’s house. Considering the age of the deceased, and the evidence on record, the monthly income of the deceased notionally can be fixed at Rs.3000/-, and after deducting necessary amount towards personal expenses, the deceased, being daughter, would be supporting her parents, at least to a tune of Rs.1000/- per month. Considering the age of the mother of the deceased i.e. 39 years, at the time of accident, the appropriate multiplier to be applied is 15, thus loss of dependency comes to Rs.1,80,000/- ( Rs.1000 x 15 x 12 ), to which the appellants are entitled for. Apart from this, the other amounts granted by the Tribunal towards funeral expenses, mental agony and pain and suffering stands undisturbed. Subject to above enhancement, the appeal stands partly allowed. The claimants are entitled for interest @ 7.5% per annum on the enhanced amount from the date of filing till payment. No costs. GM, J Kk/24-6-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.2193 of 2002 24-6-2010