IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE NOUSHAD ALI CIVIL MISCELLANEOUS APPEAL No.637 of 2003 Between: Boddu Narsi Reddy and another ..... APPELLANTS AND P. Damodhar Reddy and another ..... RESPONDENTS JUDGMENT: This is an appeal filed by the Claimants for enhancement of compensation awarded in O.P.No.231 of 2000 dated 22-10-2002 on the file of the Motor Accidents Claims Tribunal (District Judge), Nalgonda. 2. The claimants are the parents of the deceased Sathi Reddy. The deceased along with others was going on a tractor-trailer bearing registration No.APB-2605 and 4191. He was an employee engaged to bring toddy boxes. The said vehicle was driven in rash and negligent manner and overturned resulting in grievous injuries to which the deceased succumbed. 3. The claimants, therefore, filed OP and sought for compensation in a sum of Rs.1,50,000/-. The first respondent/ owner of the vehicle remained exparte and second respondent – insurance company contested the claim. 4. The Tribunal formulated the issues as to whether the accident was due to the rash and negligent driving by the driver of the tractor-trailer and whether the claimants were entitled to compensation and if so, to what amount. 5. The said O.P.No.231 of 2000 was clubbed with another O.P.No.262 of 2000 which also arose from the same accident and the evidence was recorded only in O.P.No.231 of 2000. Both the O.Ps. were disposed of by the common order. On behalf of the claimants PWs.1 and 2 were examined and Exs.A-1 to A-7 were marked. No evidence was adduced on behalf of the respondents. The O.P. was disposed of in the following manner: “In O.P.No.231 of 2000, the petitioners claimed that the deceased was aged 18 and earning Rs.2,000/- per month. No document is filed to prove the above fact. Therefore, taking into consideration the above facts, a sum of Rs.75,000/- is granted as compensation on all counts to the petitioners.” 6. It may be noted that no reasons have been assigned nor any discussion made with reference to the claim made by the claimants. All that has been stated is that no document was filed with reference to the age and earning of the deceased. In the opinion of this Court, the order to the said effect is perfunctory. 7. In-disputably the accident occurred in which the son of the claimants died. It is also not in dispute that the deceased was aged 18 years. PW-1, father of the deceased in his evidence deposed that the deceased was a labourer and he was earning Rs.2,000/- per month. In his cross-examination he denied the suggestion that the deceased was not a labourer and not earning anything. PW-2 was the claimant in O.P.No.262 of 2000. He only spoke about the manner of accident for the purpose of his own case. 8. Ex.A-1 is the First Information Report registered on the complaint given by one Sri C. Srinivas Goud who was working as a Clerk in the toddy depot. The First Information Report contained the fact of the accident and the death of the deceased. Although the documentary evidence adduced did not disclose the income of the deceased and the evidence of PW-1was not corroborated, as per the schedule-II of the Motor Vehicles Act, 1998 the deceased can be treated as a non-erning person and his notional income can be taken as Rs.15,000/- per annum. Out of the same if 1/3rd is deducted towards personal expenses the income would be Rs.10,000/- per annum. Since the deceased was a bachelor the age of the mother has to be taken into consideration. 9. In the claim petition the age of the mother was shown as 40 years and in the cross-examination it was suggested to PW-1 that her age was 50 years. But PW-2 admitted that the age of the deceased was 19 years. Having regard to the same, the age of the mother can be taken as 45 and the right multiplier would be “14”. Calculated on the said basis the pecuniary loss would be Rs.1,40,000/- (Rs.10,000/- X 14). In addition to the same, the claimants are entitled for Rs.5,000/- towards loss of estate and Rs.2,000/- towards funeral expenses, in all Rs.1,47,000/-. The Tribunal has awarded Rs.75,000/- only. Thus, the claimants are entitled for Rs.72,000/- (Rs.1,47,000 – 75,000) as enhancement in this appeal. 10. It is therefore, to be held that the claimants are entitled for enhancement of compensation of Rs.72,000/- (Rupees seventy two thousands only) with interest at 6% per annum on the said enhanced amount from the date of petition till the date of realization. 11. Accordingly, the appeal is allowed modifying the orders in O.P.No.231 of 2000, dated 22-10-2002 on the file of the Motor Accidents Claims Tribunal (District Judge), Nalgonda, to the extent indicated above. There shall be no order as to costs. _________________ NOUSHAD ALI, J August 05, 2010. Pn THE HON'BLE SRI JUSTICE NOUSHAD ALI CIVIL MISCELLANEOUS APPEAL No.637 of 2003 August 05, 2010