THE HON’BLE SRI JUSTICE B.N.RAO NALLA M.A.C.M.A.NO.580 OF 2005 DT.2-12..2010 Between: Kommana Srinivasu and another …………Appellants Vs. Tekumudi Rambbu and two others ……………Respondents. JUDGMENT: The petitioners in O.P.No.163 of 2003 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-IV Additional District Judge (Fast Track Court), Tanuku, West Godavari District, filed this appeal assailing the orders, dated 30.11.2004 passed in the said O.P., whereby and whereunder the claim petition was allowed in part, granting a total compensation of Rs.65,000/- with proportionate costs and interest at 9% per annum. 2. The facts in brief are that on 22.01.2003 at about 7.20 p.m., the deceased was returning home along with her brother and one Uma Maheswarrao on his cycle and when they reached Sthree Samajam road near Labour Office, a tractor/trailor bearing registration No.AP 37 P 2433, AP 37 U 9630 came at high speed from behind in a rash and negligent manner by its driver and dashed against the cycle. As a result thereof, the deceased fell down and came under the trailor and was crushed to death; that Tanuku police registered a case in Cr.No.7 of 2003 under Section 304-A I.P.C. 3. R-1 driver and R-2 owner of the vehicle remained ex parte. R-3-Oriental Insurance Company filed counter denying the petition averments, including the rash and negligent driving on the part of R-1 driver of the accident tractor/trailor and also the involvement of the tractor/trailor in the accident and the death of the deceased in the accident. 4. Basing on the pleadings of either side, the lower Tribunal framed certain relevant issues for trial as to the rash and negligent driving on the part of the driver of the accident Tractor/Trailor as well as the entitlement of the petitioners therein to claim compensation and the liability of the respondents to pay such compensation. 5. The first petitioner-father of the deceased got himself examined as PW-1 besides examining PW-2 as an eye witness, on whose cycle the deceased was a pillion rider at the time of the accident and got marked Ex.A.1-F.I.R. in Cr.No.7 of 2003, Ex.A.2-postmortem certificate and Ex.A.3-report of the Motor Vehicle Inspector. However, no witnesses were examined on behalf of the respondents, except marking Ex.B-1 (in the appendix of evidence it is shown as Ex.H-1). 6. Taking into consideration the evidence of PW-2 as well as the other material brought on record, including Exs.A-1 to A-3 and Ex.B-1, the lower Tribunal answered the issues in favour of the claimants and as against the respondents and thereby awarded the total compensation of Rs.65,000/- as already stated above in para-1, fixing the joint and several liability on the respondents. Considering the fact that the deceased was the only daughter of the petitioners and as she was a non-earning member, the lower Tribunal awarded Rs.50,000/- under no fault liability. The Tribunal also granted an amount of Rs.13,000/- towards loss of love and affection and Rs.2,000/- towards funeral expenses. Thus, it has awarded a total compensation of Rs.65,000/- with proportionate costs and interest at 9% per annum, making respondent Nos.1 to 3 jointly and severally liable to pay the same. 7. It is contended by Sri T.Prabhudas, learned counsel for the appellants/claimants that the lower Tribunal erred in not considering the fact that the deceased girl was aged four years and was studying U.K.G. and that the claimants had high hopes; that after successfully completing her education, she would have led a comfortable life by taking care of her parents. More over, it is further contended that she was the only daughter and as such, the appellants/parents had lost their love and affection and that the lower Tribunal erred in awarding a meagre amount of Rs.13,000/- towards loss of love and affection. It is also further contended that the lower Tribunal has also erred in awarding a meagre amount of Rs.2,000/- towards funeral expenses. 8. On the other hand, the learned counsel for the respondent- Insurance company submits that the lower Tribunal considering the facts and circumstances of the case and the other material brought on record, has granted a total compensation of Rs.65,000/- and the same is just and reasonable and the same does not warrant interference from this court. 9. Heard both the learned counsel. 10. It is to be seen that the deceased was the only daughter of the appellants- claimants, was aged about 4 years and was studying U.K.G. The appellants-claimants have lost their daughter at young age and they must have suffered lot of mental agony. As such, this court is of the view that the Tribunal ought to have awarded Rs.30,000/- towards loss of love and affection which is just and reasonable , instead of Rs.13,000/-. Further, the Tribunal in the circumstances, ought to have awarded Rs.6,000/- towards funeral expenses, which is just and reasonable, instead of Rs.2,000/-. 11. Therefore, it is to be held that the appellants-claimants are entitled to a total compensation of Rs.86,000/- (Rupees Eighty Six Thousand) only (i.e. Rs.50,000/- under no fault liability, Rs.30,000/- towards loss of love and affection and Rs.6,000/- towards funeral expenses) with interest at 7.5% per annum so far as the enhanced amount of compensation is concerned. 12. With the above modification, the MACMA is disposed of. No order as to costs. _________________ B.N.RAO NALLA,J 2-12-2010 Stp/Tjs