HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A NO. 2909 OF 2005 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the order dated 7.7.2005 passed by the Principal Motor Accidents Claims Tribunal-cum-District Judge, Nellore (for short ‘the Tribunal’) in OP No. 282 of 2004 filed by the appellants-claimants claiming compensation of Rs. 3,00,000/- for the death of one Ramanaiah in a motor accident that occurred on 20.1.2004 at about 5.00 AM when he was proceeding on Moped bearing No. AP 03/E-1771 and while crossing the highway road, a lorry bearing No. AP 26/U-7191 came in a rash and negligent manner from Yerpedu and dashed against the Moped and as a result of which, the deceased received grievous injuries and died on the spot. The first respondent, owner of the lorry remained ex parte and the second respondent-Oriental Insurance Company Limited 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 26/U-7191 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 wife of the deceased, awarded total compensation of Rs. 1,63,000/- 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 assessing the earnings of the deceased at Rs. 1,000/- per month and it ought to have held that the deceased was a Mastry and earning Rs. 6,000/- per month. 4. The learned counsel appearing for respondents submits that the order passed by the Tribunal is quite reasonable and therefore 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 20.1.2004 at about 5.00 AM when the deceased was proceeding on the Moped bearing No. AP 03/E-1771 and while crossing the highway road, a lorry bearing No. AP 26/U-7191 came in a rash and negligent manner and dashed against the Moped and due to which, the deceased died on the spot. PW-1 is the wife of the deceased and she spoke about the death of her husband. It is stated that the deceased was aged about 30 years and earning Rs. 6,000/- per month as a Maistry. Therefore, ends of justice would be met if Rs. 2,000/- per month is taken as his salary and per annum it comes to Rs. 24,000/- and out of that 1/3rd amount towards his personal expenses if deducted, the net amount comes to Rs. 16,000/- and the relevant multiplier is 17 for the age of 30 years 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. 2,72,000/- (16,000x17=2,72,000). An amount of Rs. 10,000/- is granted towards loss of estate and Rs. 10,000/- is granted towards loss of consortium. Thus the total amount of compensation granted comes to Rs. 2,92,000/- (2,72,000+10,000+10,000=2,92,000). 7. Accordingly, this appeal filed by the claimants is allowed in part enhancing the compensation granted by the Court below from Rs. 1,63,000/- to Rs. 2,92,000/-. As far as the interest is concerned, the rate of interest granted by the Tribunal is reduced from 7.5% per annum to 7% per annum on the enhanced compensation. There shall be no order as to costs. _________________________ GHULAM MOHAMMED, J Date : 10.02.2011 KA [1] 2009 (6) scale 129