THE HON’BLE SRI JUSTICE C.V.RAMULU C.M.A.No.4741 of 2003 ORAL JUDGMENT: This Civil Miscellaneous Appeal under Section 173 of M.V. Act is filed challenging the order and decree made in M.V.O.P.No.297 of 2001 dated 26.8.2003 on the file of the learned I Addl. District Judge- cum-Chairman, Motor Accident Claims Tribunal, Krishna at Machilipatnam. This appeal is filed by claimants seeking enhancement of compensation awarded under Section 163-A of the M.V. Act. According to the claimants, the deceased was the husband of first claimant and father of claimants 2 and 3. According to them, on 9.2.2001, while the deceased was driving the Lorry bearing No.AP16- W-4595, which is carrying stationery papers, from Gowhati to Vijayawada on National Highway No.31 and when the lorry reached at Paivena Chowk under Namalpur Police Station limits in Kamrup district, suddenly a Truck, number of which could not be detected, stopped ahead of the lorry of the deceased and the deceased in order to avoid the accident, applied sudden brakes, but he could not control the truck, as a result of which, the truck of the deceased hit behind the unknown truck and as a result, the deceased received grievous injuries. The deceased was shifted to Central Nursing Home, Gowhati for treatment and he was treated as inpatient from 9.2.2001 to 16.2.2001 and on 16.2.2001 he succumbed to the injuries. The claimants filed claim petition before the Tribunal below contending that the accident had occurred due to rash and negligent driving of the driver of the unknown truck and that deceased was the sole bread winner of the family and he was earning Rs.3,000/- per month and claimed a sum of Rs.3,64,000/- towards compensation. The Tribunal, on a detailed consideration of the matter, treated the application under Section 163-A of the M.V. Act, as there was dispute as to the accident and the same was proved and awarded compensation of Rs.50,000/- on the principle of ‘no fault liability’ and Rs.15,000/- towards loss of consortium and Rs.15,000/- towards loss of estate. Thus, in all, Tribunal awarded compensation of Rs.80,000/-. Questioning the said award, claimants preferred the present appeal seeking enhancement of compensation. The learned counsel for appellants strenuously contended that once the application under Section 163-A of the M.V. Act is maintainable, the Tribunal below ought to have applied multiplier as mentioned in Schedule-II of the Act, instead it has awarded Rs.50,000/-under ‘no fault liability’ as if the petitioner has not filed petition under the provisions of the Act. Whereas the learned counsel for respondent-Insurance Company supported the award passed by the Tribunal below and stated that the compensation awarded by the Tribunal is reasonable and no case is made out by the claimants for enhancing the compensation. I have given my earnest consideration to the respective submissions made by the learned counsel on either side and perused the impugned award and other material made available on record. Once the accident is proved and the matter falls under Section 163-A of the M.V. Act, I am of the opinion that the Tribunal below grossly erred in applying the principle of ‘no fault liability’ and awarding just compensation of Rs.50,000/-. Admittedly, petitioner was earning a sum of Rs.3,000/- per month. After deduction of 1/3rd, his monthly income comes to Rs.2,000/- and annual income to Rs.24,000/-. Since the petitioner was aged below 30 years, the proper multiplier would be ‘18’ under Schedule-II. Thus, 24,000/- x 18 = Rs.4,32,000/-. Apart from that, petitioners are also entitled to loss of consortium and loss of estate i.e. Rs.30,000/-. Thus, the total amount comes to Rs.4,62,000/-. Since the petitioners have claimed only Rs.3,64,000/-, the compensation is restricted to Rs.3,64,000/- on all counts. Petitioners are also entitled to interest @ 9% per annum on the enhanced compensation amount from the date of appeal i.e. 1.1.2004 till the date of realization. The CMA is accordingly allowed. There shall be no order as to costs. ______________ C.V.RAMULU, J Date: 12.3.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU C.M.A.No.4741 of 2003 12.3.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU C.M.A.No.4741 of 2003 Date: 12th March, 2010 Between: Mohammad Abdul Saleemunnisa and others. .. Appellants And Ch.Ekambaram & another. .. Respondents