HON’BLE SRI JUSTICE GHULAM MOHAMMED MA C.M.A.No. 1265 OF 2006 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the order dated 5.12.2005 passed by the Motor Accidents Claims Tribunal –cum -I Additional District Judge, Chittoor (for short ‘the Tribunal’) in OP No. 413 of 2002 filed by the claimants claiming compensation of Rs. 6,00,000/- for the death of one P. Naseeb Khan in a motor accident that occurred on 21.10.2002 at about 6.00 P.M when the deceased and others going to Guttapalem by engaging an auto bearing No. CAM 3153 and when the auto reached Andekuravapalle the driver of the auto drove the same in a rash and negligent manner and due to which the auto turned turtle and the deceased sustained bleeding injuries and succumbed to injuries on the way to hospital. First respondent, being owner of the auto bearing No. CAM 3153 remained ex parte and the second respondent being insurer filed its counter denying the averments made in the petition stating that the owner of the auto violated the conditions of the policy. 2. The Tribunal having held that the accident occurred due to rash and negligent driving of the driver of the auto taking into consideration the evidence of PW 2, an eye witness to the accident and also taking into consideration Ex. A5 pay slip of the deceased showing that he was a Senior Clerk in the South Central Railways, Guntakal took the income of the deceased at Rs. 5,427/- per month and after deducting 1/3rd amount towards personal and living expenses assessed the compensation at Rs. 5,07,776/-. Aggrieved by the same, the United India Insurance Company preferred this appeal. 3. The learned counsel appearing for the appellant-Insurance Company contended that the Tribunal has not given proper reasons for awarding the compensation at Rs. 5,07,776 and the Tribunal should have taken the net salary into consideration while calculating the amount of compensation. 4. Heard the learned counsel appearing for the appellant and also perused the entire material made available on record. 5. As seen from the record, it is no doubt true that due to rash and negligent driving of the Auto bearing No. CAM 3153 by its driver, accident occurred and due to which, the claimant fell down and sustained serious injuries and succumbed to injuries on the way to hospital. Therefore, taking into consideration of all the facts on record, that he was a Senior Clerk in the South Central Railways, Guntakal took the income of the deceased at Rs. 5,427/- per month and after deducting 1/3rd amount towards personal and living expenses assessed the contribution to his family at Rs. 43,416.00 and applied the relevant multiplier 11 and assessed the compensation at Rs. 4,77,576/-. The Tribunal also granted Rs. 15,000/- towards loss of consortium and Rs. 15,000/- towards loss of estate. Thus the total amount of compensation granted comes to Rs. 5,07,776.00 with interest at 7.5% per annum from the date of petition till realization. Therefore, I see no reasons to interfere with the order passed by the Tribunal and the Civil Miscellaneous Appeal is liable to be dismissed. 6. Accordingly, the Civil Miscellaneous Appeal filed by the Insurance Company is dismissed. There shall be no order as to costs. _________________________ GHULAM MOHAMMED, J Date: 23.12.2010 KA