HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.467 of 2008 Date: 15-7-2011 Between Manchala Ramaiah and 2 others … Appellants/Petitioners and The APSRTC, Rep. by its Depot Manager, Devarakonda Depot, Nalgonda district and another … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.467 of 2008 Judgment: Being aggrieved by the order and decree dated 14-9-2007 in O.P.No.858 of 2004 on the file of the Motor Accident Claims Tribunal cum VIII Additional District Judge, Nizamabad the present civil miscellaneous appeal is filed by the appellants-petitioners. 2. The appellants herein are the petitioners-claimants in O.P.No.858 of 2004 before the tribunal below. They filed the said O.P., claiming compensation of Rs.5,00,000/- for the death of deceased Manchala Venkata Ramanamma in a road traffic accident that occurred on 29-01-2004. The tribunal below, while assessing the evidence on record, awarded compensation of Rs.2,73,000/- under all heads. Being aggrieved, the present civil miscellaneous appeal is filed by the claimants seeking enhancement of compensation. 3. The learned counsel for the appellants-claimants mainly urged that the tribunal below assessed the income of the deceased as Rs.2,000/- per month only and the tribunal below ought to have fixed the income of the deceased at Rs.3,000/- per month and therefore, the amount of compensation granted by the tribunal below is very meagre and sought for enhancement of compensation. 4. The learned Standing Counsel for the respondents-Andhra Pradesh State Road Transport Corporation while supporting the order of the tribunal below urged that the claimants failed to prove the earnings of the deceased and therefore, the enhancement now sought for by the appellants-claimants does not arise. 5. Now, the point for consideration is -- whether the appellants- claimants are entitled for enhancement of compensation ? 6. Point:- Admittedly, the deceased was aged 35 years as on the date of accident. It is the case of the petitioners and as per the evidence of P.W.2 that the deceased met with an accident while she was crossing the road after attending the calls of nature. However, the Police after due investigation filed a charge-sheet alleging that the accident was due to the rash and negligent driving of the driver of the offending lorry. In view of the positive finding in the investigation, it can be said that the accident was due to the rash and negligent driving of the driver of the offending vehicle. 7. The factum of accident is not disputed. The 1st petitioner is the husband and the petitioners 2 and 3 are the children of the 1st petitioner and the deceased. As per the evidence of P.Ws.1 and 2, the deceased is also a labourer and getting regular income and due to her sudden death, the petitioners are deprived of the love and affection and income of the deceased. The tribunal below while assessing the evidence on record fixed the income of the deceased as Rs.2,000/- per month. 8. The accident was occurred in the year 2004. While taking into consideration the evidence of P.Ws.1 and 2, the income of the deceased is arrived at Rs.2,400/- per month i.e., Rs.80/- per day. At that rate her annual income is Rs.28,800/-. If 1/3rd is deducted towards personal expenses of the deceased, her contribution to the family comes to Rs.19,200/-. Considering the age of the deceased as 35 years on the date of accident, the approximate multiplier applicable is ‘16’ and when the same is multiplied, the total compensation comes to Rs.3,07,200/- (Rs.19,200/- x 16). Accordingly, the petitioners are entitled to the said sum. The tribunal below also granted Rs.2,000/- towards funeral expenses, Rs.5,000/- towards loss of consortium and Rs.10,000/- towards loss of estate and the same are confirmed. In total, the claimants are entitled to the compensation of Rs.3,24,200/-, rounded of to Rs.3,25,000/-. 9. With this modification, the civil miscellaneous appeal is allowed in part enhancing the amount of compensation awarded by the tribunal below from Rs.2,73,000/- to Rs.3,25,000/- (Rupees three lakhs and twenty five thousand only) with interest at the rate of 7.5% per annum from the date of petition till the date of payment. No costs. ___________________ K.S.APPA RAO, J. 15th July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.467 of 2008 15th July, 2011. (Ak)