THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1487 OF 2002 DATED 24-6-2010 Betweeen: 1. Pasula Somulu S/o.Pedda Peddula @ Peddulu & Others & T. Linga Reddy S/o.Kondal Reddy & another THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1487 OF 2002 JUDGMENT: This appeal is filed by the claimants aggrieved by the award dated 29- 01-2002 passed in OP No.468 of 1999 by the Chairman, Motor Accidents Claims Tribunal-cum-II Addl. District Judge, Nalgonda. The claimants- appellants herein initially made a claim for Rs.2,00,000/-, but way of an amendment petition, IA No.1072 of 2001 restricted the claim to Rs.1,00,000/- on account of the death Pasula Pedda Peddulu @ Peddulu in the motor accident involving the accident lorry bearing registration No.AHT 8253, on 5-4-1999. 2. The case of the appellants was that on the fateful their father i.e. the deceased was crossing the road near Ambedkar statue at Miryalaguda to go to barber shop for shaving, the accident lorry bearing No.AHT 8253, driven by its driver in a rash and negligent manner with high speed hit deceased from back, due to the impact of the same, the deceased sustained injuries and died. The complaint filed by one Durgaiah before the concerned Police is marked as Ex.A-1, copy of the postmortem report is marked as Ex.A-2. It was further the case of the claimants that their father was aged 60 years and was working in a Rice Mill earning Rs.3,000/- per month as labourer. 3. The Tribunal, by the impugned order allowed the OP in part and awarded a sum of Rs.54,000/- as against the claim of Rs.1,00,000/- with interest at 9% per annum from the date of petition till realization. 4. Heard the learned counsel for the appellants and the learned counsel for the insurance company. Perused the impugned award passed by the Tribunal. 5. In the instant case, it is not in dispute that the deceased died in the accident involving the accident lorry bearing registration No.AHT 8253. As to the culpability in causing the accident, it has come in the evidence of PW-1 eye witness to the accident, that when the deceased was trying to cross the road, the driver drove the accident lorry in rash and negligent manner and dashed him from back side, as result of the same, he sustained grievous injuries and died, and that finding arrived at by the Tribunal, in the absence of any rebuttal evidence adduced by the respondents, does not warrant any interference by this Court. 6. Now coming to the question of award of just compensation, it has come in the evidence that the deceased was aged 60 years and was working as labourer in a rice mill earning Rs.3,000/- per month. But inasmuch as there is no proof to that effect, his monthly income can be safely taken at Rs.2,000/- and after deducting 1/3rd towards his personal expenses, the deceased would have contributed Rs.1,333/- or say Rs.1,300/- and annually it comes to Rs.15,600/-. The deceased was aged 60 years at the time of the accident, the appropriate multiplier as per the judgment of the Supreme Court in SARLA VERMA v. DELHI TRANSPORT CORPORATION (2009 (6) SCC 121), is ‘9’. By applying the multiplier ‘9’ and taking his monthly income at Rs.1,300/-, the claimants are entitled to a compensation of (Rs.1,300/- x 12 =15,600 x 9 = Rs.1,40,400/-) Rs.1,40,400/- towards loss of dependency. The claimants are also entitled to a sum of Rs.2,000/- towards mental pain and suffering and Rs.2,000/- towards funeral expenses totalling to Rs.1,44,400/- with interest at 7.5 % per annum from the date of petition till realization. But peculiarly, the claimants themselves have restricted their claim to Rs.1,00,000/- by way of filing an interlocutory application before the Tribunal. In the circumstances, the claim is restricted to Rs.1,00,000/- with interest at 7.5 % per annum from the date of petition till realization. 7. In the result, appeal is allowed in part and the impugned award passed by the Tribunal stands modified accordingly. No costs. _____________________ Ghulam Mohammed, J Dated 24-6-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1487 OF 2002 24-6-2010