THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1815 of 2011 JUDGMENT: The present appeal is filed against the order dated 12.10.2004 in O.P.No.96 of 2002 on the file of the Motor Accident Claims Tribunal- cum-District Judge, Adilabad. The petitioners, who are the appellants herein, filed a claim petition for compensation of Rs.4,50,000/- consequent on the death of the deceased Abdul Raheem in a motor accident. According to the case of the petitioners, the deceased was a driver of the jeep bearing No.AP-I-8207 and on 31.07.2001 and due to rash and negligent driving of the jeep, the deceased received injuries and died. The deceased was earning Rs.2,000/- per month as salary and Rs.1,500/- per month as batta. The petitioners 1 and 2 are the parents, 3rd petitioner is the wife and petitioners 4 to 6 are the children of the deceased and they are dependant on him. The 1st respondent remained ex parte. The 2nd respondent filed a counter disputing the nature of accident, its liability and the entitlement of the compensation by the petitioners and contended that the claim is excessive. After considering the evidence on record, the lower Tribunal found that the deceased died in the motor accident while he was in employment of the 1st respondent and the risk is covered by the policy. However, the contention of the learned counsel for the appellants is that the lower Tribunal has fixed the income of the deceased at Rs.1,500/- per month, which is too low, when there is evidence to show that he was earning Rs.2,000/- per month as a driver and also getting batta of Rs.1,500/- per month. Evidently, the earning capacity of Rs.1,500/- per month is taken for the labourers. The deceased, being a technical person and being a driver and when once the claim of Rs.2,000/- per month as salary is made, it does not appear to be excessive. When the specific amount of salary was claimed, the minimum wages, which are sought to be applied, cannot also be taken into consideration. Taking into consideration the above fact, the income of the deceased was fixed at Rs.2,000/- and he has got several dependants, 1/4th is deducted towards the personal expenditure and the total contribution to the family comes to Rs.1,500/- per month and annually it comes to Rs.18,000/-. The age of the deceased is said to be 31 years, hence, the multiplier ‘16’ is applied. The total dependency comes to Rs.2,88,000/- (Rs.18,000/- X 16). Apart from it, the petitioners are entitled for non-pecuniary damages of Rs.10,000/- and a sum of Rs.10,000/- is granted towards loss of consortium to the 3rd petitioner. The total compensation, which the petitioners are entitled, is Rs.3,08,000/- rounded off to Rs.3,10,000/- (Rupees three lakhs ten thousand only). The petitioners are entitled for the interest @ 7.5% per annum on the enhanced compensation amount. Accordingly, the appeal is partly allowed. Each party to bear their own costs. ________________________ N.R.L.NAGESWARA RAO, J 29-08-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 1815 of 2011 DATE: 29-08-2011 MR