IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD WEDNESDAY, THE SIXTEENTH (16TH) DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.1166 of 2008 Between: The National Insurance Co.Ltd., rep. by its Regional Manager, Hyderabad … Appellant And: K. Ramesh & others … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.1166 of 2008 JUDGMENT: This appeal is directed against the order dated 24.04.2007 in OP No.1380 of 2005 on the file of the MACT cum IV Additional Metropolitan Sessions Judge, Hyderabad, wherein the said claim petition filed by the respondents 1 to 4 herein under Section 166 of the Motor Vehicles Act, was allowed in part, awarding compensation of Rs.8,90,300/- with interest at 7.5% per annum from the date of petition. 2. Heard the learned counsel for the appellant. None appears for the respondents. Perused the record. 3. The respondents 1 to 4 herein filed claim application seeking compensation of Rs.10,00,000/- for the death of the deceased Naveenkumar, who died in a motor vehicle accident that occurred on 23.03.2005. The claimants 1 and 2 are the parents, 3rd claimant is the brother and 4th claimant is the sister of the deceased. According to the claimants, on that day, the deceased was going on his motor cycle from Hanuman Temple side towards Maslan Hotel near Sikh village, a lorry bearing No.ADT 8561, driven in a rash and negligent manner by its driver, came from behind and dashed against the motor cycle, as a result of which the deceased died on the spot. A case in Cr.No.79 of 2005 was registered by Bowenpalle PS against the driver of the lorry. According to the claimants, the deceased was working as Sales Executive in M/s Matrix Solutions and was earning Rs.8,000/- per month. 4. The 5th respondent herein-owner of the lorry remained ex-parte and the appellant-insurer filed counter, opposing the claim and denying their liability to pay the compensation. 5. During the trial, PWs.1 to 3 were examined and Exs.A.1 to A.10 were marked on behalf of the claimants. No oral evidence was adduced but Ex.B.1 copy of the policy was marked on behalf of the insurer-appellant. 6. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the lorry by its driver. The said finding is not seriously disputed. The Tribunal awarded a total compensation of Rs.8,90,300/- with interest at 7.5% per annum. Aggrieved by the same, the appellant-insurer filed the present appeal. 7. The main contention of the learned counsel for the appellant-insurer is that the Tribunal has erred in taking the salary of the deceased at Rs.6800/- per month without making any deductions and applied higher multiplier of ‘16’ instead of ‘15’. 8. The evidence on record shows that the deceased was working as sales executive in a private company M/s Matrix Solutions. Ex.A.7 is the appointment letter issued by the said company, saying that the deceased was paid consolidated salary of Rs.6800/- per month. Though the claimants have pleaded that the deceased was earning Rs.8,000/- per month, they have not adduced any evidence in support of the said claim. Hence, the Tribunal has rightly taken Ex.A.7 into consideration while considering the salary of the deceased at Rs.6,800/- per month. Ex.A.7 does not show any deductions were being effected in the salary of the deceased and on the other hand shows that he was being paid consolidated pay of Rs.6,800/- per month. The Tribunal has deducted 1/3rd thereof towards personal expenses and rightly estimated the contribution of the deceased to the family at Rs.4,533/-, which comes to Rs.54,396/- per annum. As the deceased was unmarried, the Tribunal has taken the age of the 2nd claimant-mother of the deceased into consideration. The 2nd claimant was aged 38 years. As per the recent decision of the apex Court in Sarla Verma’s case [(2009)6 SCC 121], the appropriate multiplier for the age of 38 years would be ‘15’. Applying the same, the loss of dependency comes to Rs.8,15,940/- (Rs.54,396/- x 15). The claimants are also entitled for a sum of Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses. Thus, the claimants are entitled for a total compensation of Rs.8,25,940/- with interest at 6% per annum, as per the above decision, from the date of petition, till the date of realization. The impugned award is modified accordingly. 9. In the result, the appeal is allowed to the extent stated above. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 16.11.2011 bss