HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A NO. 2982 OF 2005 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the order dated 7.6.2005 passed by the Motor Accidents Claims Tribunal-cum-IV Additional Chief Judge, City Civil Court, Hyderabad (for short ‘the Tribunal’) in OP No. 2871 of 2003 filed by the appellants-claimants claiming compensation of Rs. 3,50,000/- for the death of one d. Praveen Kumar in a motor accident that occurred on 6.10.2003 at about 7.00 PM when he was proceeding on Hero Honda bearing No. AP 9AM 8693 from Koheda towards Sagar Road and when he reached near Narlengagutta Chelka, Patelguda Village Limits, a lorry bearing No. AP 20V 1447 driven in a rash and negligent manner came in opposite direction and dashed the deceased. Due to which, the deceased fell down and died instantly. First respondent owner of the lorry set exparte and the second respondent insurer of the lorry filed its counter denying the allegations made in the petition. 2. The Tribunal held that the accident occurred due to rash and negligent driving of the driver of the lorry bearing No. AP 20V 1447 belonging to the first respondent and also taking into consideration the evidence of PWs 1 and 2, especially the evidence of PW-1 who is an eye witness to the occurrence, awarded total compensation of Rs. 1,32,000/- with interest at 9% per annum from the date of filing the petition till the date of deposit of the amount into the Court. Aggrieved by the same, the appellants- claimants filed the present appeal. 3. The learned counsel appearing for the claimants contended that the Tribunal committed an error in calculating the compensation by taking into consideration the notional income under the second schedule of the Motor Vehicle Act. He also submits that the Tribunal ought to have appreciated that even a physical labourer gets an income of Rs. 100/- per day and Rs. 3,000/- per month and the deceased is an employee, therefore income of Rs. 6,000/- per month should be taken. 4. The learned counsel appearing for respondents submits that the order passed by the Tribunal is quite reasonable and there are no grounds to interfere with the order. 5. Heard the learned counsel appearing for the claimants and also perused the entire material made available on record. 6. As seen from the record, it is no doubt true that the accident occurred on 6.10.2003 at about 7.00 PM when the deceased was proceeding on Hero Honda bearing No. AP 9AM 8693 from Koheda towards Sagar Road and when he reached near Narlengagutta Chelka, Patelguda Village Limits, a lorry bearing No. AP 20V 1447 driven in a rash and negligent manner came in opposite direction and dashed the deceased. As a result of which, the deceased died on the spot. It is stated that the deceased is aged about 23 years unmarried and he was hale and healthy and was earning Rs. 4,000/- per month working as Supervisor. Therefore, as the parents are the aggrieved party in this case, ends of justice would be met if Rs. 3,000/- per month taken as the earnings of the deceased. As the deceased was un married, half of the earnings of the deceased should be deducted and if deducted, the amount comes to Rs. 1500/- per month and per annum it comes to Rs. 18,000/- and the age of the mother of the deceased is 45, the relevant multiplier for the age of 45 years is 14 as per the judgment of the Supreme Court report in SARALA VERMA VS. DELHI TRANSPORT CORPORATION[1] and if applied the correct multiplier, the amount comes to Rs. 2,52,000/- (18,000x14=2,52,000). An amount of Rs. 10,000/- is granted towards loss of estate. Thus the total amount of compensation granted comes to Rs. 2,62,000/- (2,52,000 + 10,000 = 2,62,000). 7. Accordingly, this appeal filed by the claimants is allowed in part enhancing the compensation granted by the Tribunal from Rs. 1,32,000/- to Rs. 2,62,000/-. As far as the interest is concerned, the rate of interest granted by the Tribunal is reduced from 9% per annum to 7% per annum. There shall be no order as to costs. _________________________ GHULAM MOHAMMED, J Date : 10.02.2011 KA [1] 2009 (6) scale 129