THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1400 of 2003 Date: 12.8.2010 Between: K. Ganesh Chary and another. … Appellants and C. Lakshmaiah and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1400 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 11.12.2002, in O.P.No.2245 of 2000, passed by the III Member, Tribunal for Disciplinary Proceedings-cum-VIII Additional Chief Judge, City Civil Court, Hyderabad (for brevity “the Tribunal”), awarding a sum of Rs.82,000/- towards compensation as against the claim of Rs.1,50,000/- made by the appellants-claimants, being the parents of the deceased K. Naveen Kumar, who died in a road accident that occurred on 05.11.2000 at 6-00 p.m., near Bharat Nagar Fly over Bridge, Sanathnagar, due to the rash and negligent driving on the part of driver of the Auto, bearing registration No.AP 13V 549, belonging to the 1st respondent, the present civil miscellaneous appeal has been preferred by the claimants in the O.P. 3. This is a case of death in a road accident. The other particulars regarding the method and the manner in which the accident had occurred and also the aspect of negligence are not referred to since already on record. 4. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a sum of Rs.82,000/- in all towards compensation. Hence the present appeal. 5. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 6. It is to be seen that the deceased was a boy of 15 years old and studying 9th Class as on the date of accident. As per the evidence on record, the father of the deceased was working as auto driver, which means that he must be earning substantially though not comfortably. In such a case, obviously, the boy was being educated and in all probability his education career would be something better. Therefore, we have to think as to the future of the boy and his social status in future, if at all he is alive and continues his education. 7. In fact, there is no ready and prescribed method to arrive at a just compensation. However, having regard to the fact that the deceased was aged about 15 years and he was the only child to the parents, as held by the apex Court, some guess work has to be made to arrive at a just compensation. Therefore, basing on the said guess work and keeping in view the age and education that was being prosecuted by the deceased boy, I deem it appropriate to grant a sum of Rs.1,40,000/- towards compensation on all counts. Though the amount awarded now is based on the guess work, I am of the considered view that the same is absolutely just and reasonable. 8. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.82,000/- to Rs.1,40,000/- (Rupees one lakh forty thousand only). The additional amount of Rs.58,000/- (Rupees fifty eight thousand only) shall carry interest at 6.5 per cent per annum from the date of filing of the O.P. before the Tribunal, till realization. In all other aspects, the order passed by the Tribunal shall remain unaltered. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 12.08.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1400 of 2003 12.08.2010 (Msr)