THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.NO.1506 OF 2005 Dt: 24-3-2011. BETWEEN: M.KUMAR AND OTHERS .. APPELLANTS V. M/S.SRINIVAS TRANSPORT, REP. BY ITS MANAGER 7-74/A, OPP: HUDA LORRY PARKING, KUKATPALLY, HYDERABAD AND ANOTHER .. RESPONDENTS THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.NO.1506 OF 2005 JUDGMENT: 1) The claimants filed this appeal under Section 173 of the Motor Vehicles Act, dissatisfied with the compensation awarded by the II Additional Chief Judge, City Civil Court, Hyderabad in O.P.No.2484 of 2001 in its order dated 30-7-2004 for the death of deceased M.Murali Kumar in the motor vehicle accident that occurred on 27/28-10-2001. 2) The facts in nutshell are that on 27/28-10-2001 at about 01.00 hrs the deceased along with others were proceeding in lorry trailor bearing No.ABK-1404 from Chintal Basti to Hussain Sagar for immersion of Durga Matha idol into the lake. When the said lorry reached near Secretariat at Telugu Talli road the driver of the lorry gave sudden jerk in a rash and negligent manner, as a result, unfortunately, the deceased fell down from the lorry and the lorry front side left wheel ran over the deceased, due to which the deceased received head injury and died on the spot. As per Ex.A6, salary certificate issued by the proprietor of Sri Balaji Electrical company the monthly salary of the deceased was shown as Rs.4,000/- per month, but in the absence of comprehensive material the trial court took a sum of Rs.1,200/- per month after excluding 1/3rd towards his personal expenses, had he been alive and arrived at Rs.14,400/- income per annum and by applying 16 as a multiplier granted a sum of Rs.2,30,400/-, a sum of Rs.2,000/- was awarded for funeral expenses and a sum of Rs.15,000/- was awarded towards loss of love and affection. In all the petitioners were awarded compensation of Rs.2,47,400/-. 3) Before the trial court the owner of the vehicle remained ex-parte and the 2nd respondent – insurer filed his counter. The 2nd respondent-insurance company filed counter denying the averments made in the claim petition. The Tribunal after framing necessary issues and considering the evidence of PWs 1 and 2 and Exs.A-1 to A-3 on behalf of the claimants, by applying the principle of res-ipsa liquitur, rightly so, held that the accident occurred due to rash and negligent driving of the driver of the crime vehicle, and awarded compensation of Rs.2,47,400/- with interest at 9% per annum from the date of petition till realisation. 4) Heard learned counsel appearing on both sides and perused the record. 5) Learned counsel for the appellants-claimants contended that the deceased was working in Sri Balaji Electrical Company and that the trial court did not applied the proper multiplication method for awarding the just compensation and that no amount was awarded towards loss of estate. On the other hand, learned counsel supported the impugned order. 6) In the instant case, though the claimants submitted Ex.A6 stating that the deceased was working in Sri Balaji Electrical Company and was earning Rs.4,000/- per month at the time of the incident, the court below in the absence of comprehensive material took the earning per annum as Rs.14,400/-. This finding of the court below is not disputed. It is in dispute that the deceased was earning and was aged 19 years and was unmarried and his mother was dependent whose age was 44 years at the time of his death, therefore, the monthly income of the deceased can be taken as Rs.3,000/- per month and after deducting half of the amount towards personal expenses the loss of dependency annually comes to Rs.18,000/-. Considering the fact that the deceased died at the age of 19 years, the appropriate multiplier as per the judgment of the Supreme Court in SARLA VERMA v. DELHI TRANSPORT CORPORATION ( 2009 (6) SCC 121), is 14, the total loss of dependency comes to Rs.2,52,000/- ( i.e. Rs.1500 x 12 x 14 = 2,52,000). Thus the claimants are entitled for an amount of Rs.2,52,000/- towards loss of dependency, and a sum of Rs.10,000/- towards loss of estate and mental agony, Rs.10,000/- towards love and affection and Rs.5,000/- towards funeral expenses. 7) In the result, the appeal is allowed in part enhancing the compensation from Rs.2,47,400/- to Rs.2,77,000/-. The claimants are entitled for the enhanced amount of compensation subject to payment of additional court fee, if any, on the enhanced amount and as per the judgment of the Supreme Court in NAGAPPA V. GURUDAYAL SINGH (2002 (8) SUPREME 497). The enhanced compensation shall carry interest at 7.5% per annum from the date of petition till realisation. No costs. _______________________ GHULAM MOHAMMED, J Date: 24-03-2011. TNB THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.NO.1506 OF 2005 Dt: 24-3-2011.