THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2944 of 2011 JUDGMENT: The appeal is filed against the order dated 22.03.2005 in O.P.No.426 of 2002 on the file of the Motor Accident Claims Tribunal- cum-Additional Metropolitan Sessions Judge, Cyberabad, Hyderabad questioning the quantum of compensation. A claim was made for compensation of Rs.10,00,000/- consequent on the death of the deceased Yadagiri in a motor accident on 13.03.2002 while he was proceeding on his scooter bearing No.AAY 5715 as pillion rider in the limits of Thatti Annaram, the auto trolley bearing No.AP 24 U 5173 driven by its driver in a rash and negligent manner, dashed against the scooter and caused the accident, due to which the deceased succumbed to injuries. The petitioners are said to be the dependants and the deceased was said to be an employee in APSRTC drawing a salary of Rs.11,000/- per month. The 1st respondent is the owner and the 2nd respondent is the insurance company and both of them are jointly and severally liable to pay the compensation. The 1st respondent remained ex parte and the 2nd respondent filed counter putting the petitioners to strict proof of the petition averments, nature of accident, age and income of the deceased and further stated that the claim of the petitioners is excessive. The lower Tribunal, after considering the material on record, has granted a compensation of Rs.6,00,000/-. Questioning the same, the present appeal is filed. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is just and reasonable? POINT: So far as the nature of the incident and the cause of death of the deceased is concerned, the lower Tribunal after considering the evidence of P.Ws.1 and 2 and Exs.A-1 to A-4, came to the conclusion that the incident was due to the fault of the auto trolley. There is no contrary evidence. Therefore, the finding of the lower Tribunal does not call for any interference. So far as the quantum of compensation is concerned, it is seriously questioned in this appeal. The learned counsel for the appellant contends that without any basis, the lower Tribunal has fixed the income at Rs.5,932/- per month and there is no proof of the said income. Evidently, the deceased was said to be an employee in APSRTC and the salary certificate Ex.A-4 has been produced. The salary certificate clearly shows that the deceased was drawing a sum of Rs.7,282/- and the net take home salary was said to be Rs.3,916/-. Taking into consideration the deductions and other particulars, the lower Tribunal has fixed the salary of the deceased at Rs.5,700/- per month and thereafter it has deducted one-third towards the personal expenses. In fact, the amount of contribution determined by the lower Tribunal, taking into consideration the salary of the deceased, cannot be said to be excessive. Consequently, the quantum of compensation determined by the lower Tribunal is reasonable and it does not call for any interference. Accordingly, the appeal is dismissed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 21-11-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2944 of 2011 DATE: 21-11-2011 MR