THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.1728 OF 2003 JUDGMENT: This civil miscellaneous appeal is filed against the award, dated 04.04.2002, passed by the Motor Accidents Claims Tribunal-cum- District Judge, Nizamabad, in O.P.No.775/2000. The second respondent-insurance company is the appellant herein. 2. Heard the learned counsel for the appellant. 3. The facts are that on 09.06.2000 when the deceased Rajaiah along with others were traveling in private bus bearing No.KA 01/A 7766 from Armoor towards Bombay side, at Nehrunagar village sivar on Nizamabad to Bodhan road, the driver of the lorry bearing No.ABT 3722 drove it in a rash and negligent manner in high speed and dashed the bus, on account of that the deceased sustained head injuries apart from other injuries and died on the spot. According to the petitioners, who are the legal heirs of the deceased, the deceased was aged about 30 years and was working as a mason and also doing cultivation and earning Rs.6,000/- per month. The first petitioner is the wife and petitioners 2 to 4 are the children. They claimed compensation of Rs.5,00,000/-. Usual counters were filed on behalf of the respondents. On the basis of the pleadings, the following issues were framed:- 1. Whether the petitioners are entitled to compensation sought for? 2. To what relief the petitioners are entitled to? On behalf of the petitioners, P.Ws.1 and 2 were examined and Exs.A1 to A4 were marked. On behalf of the respondents, no oral or documentary evidence was adduced. 4. On the basis of the material on record, the learned Judge awarded compensation of Rs.4,40,500/-. Aggrieved by the same, the present appeal is filed by the second respondent-insurance company and aggrieved by the rejection of the remaining amount of compensation claimed, the claimants have preferred cross-objections. 5. Now, the point for consideration is whether there are any valid grounds for allowing the appeal or cross-objections? 6. The evidence of P.W.1, wife of the deceased is that on the date of accident, the deceased was aged 30 years and was a mason by profession and was also doing cultivation and was earning Rs.6,000/- per month, which was contributed for the family. The family owned Ac.5.00 of land. No authentic material is filed with regard to the deceased owning any land and cultivating the same. With regard to the age of the deceased also, no authentic material is filed and on the basis of the age mentioned in the post-mortem report, it is taken as 32 years and the same can be accepted. With regard to the income of the deceased also, there is no authentic material and the learned trial Judge assessed it at Rs.3,000/-, that too on hypothetical basis. Even the petitioner was not a mason also, as a labourer he must have been earning around Rs.100/- per day and an amount of 25% can be added to that towards enhancement of future earning capacity and his income can be taken as Rs.125/- per day, per month it comes to Rs.3750/- and per annum Rs.45,000/-. Learned counsel for the petitioners contends that in view of the latest legal position, as the dependants are more than four, only 1/4th can be deducted from out of this and not 1/3rd. If 1/4th is deducted towards personal expenditure of the deceased, Rs.33,750/- can be taken as contribution of the deceased to the family. Even if multiplier 15 is applied, the petitioners would be entitled for more than Rs.5 lakhs, the maximum compensation claimed is Rs.5 lakhs. Thus, even if approximate age of the deceased is taken as more than 32 also, the petitioners shall be entitled for compensation of more than Rs.5 lakhs, but the total claimed before the Tribunal was only Rs.5 lakhs. 7. Considering these circumstances, there are no grounds for allowing the appeal filed by the insurance company and the cross- objections are liable to be allowed for the disallowed portion of the claim. Thus, the appeal is dismissed and the cross-objections are allowed and the petitioners are entitled for total compensation of Rs.5,00,000/- and the interest on the entire amount shall be at 7.5% per annum. Thus, it is ordered that the claimants are entitled to the total compensation of Rs.5 lakhs with interest at 7.5% per annum and the apportionment shall be in the ratio ordered by the trial Court and the payments also shall be released in the manner ordered by the trial Court. No costs. ______________________ P. SWAROOP REDDY, J. 15th June 2010, Rns