THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1259 of 1998 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the common order and decree, dated 04.12.1997, in O.P.No.554 of 1994 (along with O.P.Nos.134, 137, 138, 729, 730 and 731 of 1994), passed by the Chairman, Motor Accident Claims Tribunal (II Additional District Judge), Nalgonda (for brevity “the Tribunal”), awarding a sum of Rs.1,50,000/- as against the claim of Rs.5,00,000/- for the death of the deceased J.Rathnavalli, who died in a motor accident that occurred on 27.2.1994 at 6-30 a.m., near Alair, due to the rash and negligent driving on the part of driver of the ambassador car, bearing No.AP 23 2888, as well as the driver of the private service bus, bearing registration No.AIK 7377, the present civil miscellaneous appeal has been preferred by the husband and children of the deceased. 3. The appellants herein are the claimants, 1st respondent is the owner of the offending car and 2nd respondent is its insurer, so also 3rd respondent is the owner of the offending bus and 4th respondent is its insurer. 4. This is a case of death. Husband and children of the deceased are the claimants. The other particulars regarding the accident and the aspect of negligence are not referred to since already on record. 5. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a sum of Rs.1,50,000/- towards compensation. Having not satisfied with the same, the present appeal has been preferred by the appellants-claimants. 6. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 7. The case of the claimants is that the deceased was aged about 30 years as on the date of accident and was earning a sum of Rs.3,000/- per month by doing embroidery work. But, no material is filed before the Tribunal in order to prove the same. Further more, since the 1st claimant, who is the husband of the deceased, married another woman, he was declared not entitled for any compensation. However, taking into consideration the loss of love and affection which the children would get from the deceased-mother, the Tribunal had notionally awarded a sum of Rs.1,50,000/- to the children only, who are the claimant Nos.2 and 3. 8. In this regard, it is to be seen that nobody can fulfil the loss of a mother. The love and affection and also the service, which a mother would give to the children, cannot be said in words. Therefore, though the Tribunal had taken into consideration all these aspects while awarding the amount of compensation, I feel it appropriate to enhance the amount by Rs.10,000/- more and fix the amount of compensation at Rs.1,60,000/-. 9. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.1,50,000/- to Rs.1,60,000/- (Rupees one lakh sixty thousand only). The additional amount of Rs.10,000/- (Rupees ten thousand only) shall carry interest at 7.5 per cent per annum from the date of filing of the O.P. before the Tribunal, till realization. In all other aspects, the order passed by the Tribunal shall remain unaltered. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 15.07.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1259 of 1998 15.07.2010 (Msr)