HON’BLE SRI JUSTICE GHULAM MOHAMMED MACMA. No.2773 of 2007 and MACMA.No.845 of 2011 COMMON JUDGMENT: In MACMA.No.2773 of 2007, the Insurance Company questioned O.P.No.924 of 2005, dated 05.12.2006 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad, whereas MACMA.No.845 of 2011 is filed against the very same O.P. by the claimants seeking enhancement of compensation. While the deceased and others were travelling in auto bearing No. AP 23U 2666 on 13.02.2005, the tanker bearing No.AAK 3609 driven by its driver in a rash and negligent manner came in the opposite direction and collided the auto. It turned turtle. The deceased sustained grievous injuries and he succumbed to injuries on the way to hospital. A Crime was registered by the police as Ex.A.1, first information report, on the report of the auto driver, PW.2. Ex.A.2, the charge sheet, was filed against the driver of the tanker. The deceased, who claimed to be aged about 23 years, was unmarried and was a labourer. The claimants, the parents of the deceased, were stated to be totally depending on him and, hence, they claimed a compensation of Rs.4,00,000/-. The Insurance Company contested the claim denying the allegations of the claimants and any rash or negligent driving by the driver of the tanker. The Tribunal framed issues about the rashness and negligence in driving the crime vehicle and the entitlement of the claimants to the compensation. The claimants examined PWs.1 and 2 and marked Exs.A.1 to A.5. On behalf of the Insurance Company, RW.1 was examined and got marked Exs.B.1 and B.2 and Ex.X.1. The Tribunal rendered the impugned order leading to the award under appeal firstly accepting the claim of PW.2 corroborated by Ex.A.1, first information report, and Ex.A.2, charge sheet, and concluded that in the absence of any contrary evidence, the incident was due to the fault of the driver of the offending vehicle. Coming to the quantum of compensation, the Tribunal took the monthly earnings of the deceased at Rs.3,000/-. The Tribunal took the age of his mother as the basis for appropriate multiplier fixation and as his mother was 40 years old, the appropriate multiplier taken was ‘15’. After deducting 1/3rd towards personal expenses and applying the multiplier of ‘15’, t h e loss of dependency was assessed at Rs.3,00,000/-; Rs.10,000/- for shock and agony; and Rs.2,000/- towards funeral expenses. In all a total compensation of Rs.3,12,000/- was awarded payable with interest at 7.5% p.a. from the date of petition till the date of realization. Learned Counsel for the claimants contended that though their claim petition was for Rs.4.00 lakhs, the Tribunal had taken the earnings of the deceased on the lower side. He further contended that taking into consideration the fact that the deceased died at the tender age of 23 years, the Tribunal ought to have awarded some amount towards love and affection. Sri Kota Subba Rao, learned Standing Counsel for the Insurance Company, submits that since the deceased was a bachelor, 50% has to be deducted towards his personal and living expenses. PW.2, an auto driver, deposed that there was negligence on the part of the driver of the offending vehicle. However, his evidence stood unrebutted by not examining the driver of the offending vehicle. Therefore, the conclusion that the accident occurred due to the rash and negligent driving of the offending vehicle has become final. In so far as determination of compensation is concerned, as per Sarla Verma v. Delhi Transport Corporation[1], 50 per cent has to be deducted towards the personal and living expenses of a bachelor. The Tribunal was justified, in the absence of any document, in taking the income of the deceased at Rs.3,000/- p.m. His annual earnings would be Rs.36,000/- p.a. and after applying the multiplier of ‘15’, the loss of dependency can be assessed at Rs.5,40,000/- (Rs.36,000 x 15). Since the deceased was a bachelor, the loss of dependency comes to Rs.2,70,000/- (Rs. 5,40,000 x 50%). As per Sarla Verma (1 supra), the dependents are also entitled to Rs.10,000/- each towards loss of estate and love and affection in addition to Rs.10,000/- for shock and agony and Rs.2,000/- towards funeral expenses. The claimants are entitled to a total compensation of Rs.3,02,000/-. MACMA.No.2773 of 2007 filed by the Insurance Company is allowed and the MACMA.No.845 of 2011 filed by the claimants is dismissed. GHULAM MOHAMMED,J Date:31.03.2011 usd [1] 2009 ACJ 1298