IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.5340 of 2008 Date:08.07.2011 Between: Smt G. Bhagya and 2 others. .....Petitioners AND Y. Janardhan Rao and another ....Respondents THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.5340 of 2008 JUDGMENT: Aggrieved by the award dated 13.06.2008 passed in O.P.No.1667 of 2006 on the file of Motor Vehicle Accident Claims Tribunal-cum-XIII Additional Chief Judge, City Civil Court, Hyderabad, the present CMA is filed. The case of the petitioners is that the 1st petitioner is the wife, the petitioners 2 and 3 are the minor daughters of the deceased G. Satyanarayana. On 29.07.2006 at about 11.45 p.m while the deceased G. Satyanarayana was at National High way near Shapur Bus stop for the purpose of crossing the road, at that time the Tavera Car bearing No.AP 9 TV 0712 driven by its driver with high speed in a rash and negligent manner coming from Hyderabad and going to Shamshabad side hit the deceased, resulting which the deceased received grievous injuries to head and died on the spot, that the deceased was aged about 30 years doing labour work and earning Rs.3,000/- per month that he was hale and healthy prior to the accident; that the deceased was sole earner of the family and used to contribute his entire income towards maintenance of his family; that due to the sudden death of the deceased, the petitioners income became nil; that the petitioner No.1 has lost consortium due to the death of the deceased; that the petitioners also lost love and affection and as such the petitioners filed a petition under Section 166 of M.V. Act before the Tribunal below and claimed compensation of Rs.5,00,000/-. While evaluating both oral and documentary evidence, the Tribunal below awarded total compensation of Rs.2,56,800/- to the petitioners against the respondents 1 and 2 holding that they are jointly and severally liable to pay the said compensation with proportionate costs and interest at 7% p.a. Not satisfied with the same, the petitioners/claimants filed this appeal. The learned counsel appearing for the appellant/claimants mainly urged that the Tribunal below while awarding compensation has taken the income of the deceased as Rs.60/- per day which is erroneous and requested to enhance the compensation by fixing the income of the deceased as Rs.100/- per day. On the other hand, the learned counsel appearing for the Insurance company opposed the same and urged that the Tribunal below assessed the income of the deceased as Rs.60/- per day correctly and there are no grounds for enhancement of any compensation. Now the point that arises for consideration is whether the claimants/appellants are entitled for enhancement of compensation? The petitioners are the legal heirs of the deceased G. Satyanarayana who was aged 30 years at the time of accident and the 1st petitioner being the wife of the deceased aged 27 years. The factum of the accident is not disputed. The petitioners did not adduce any evidence before the Tribunal about the income of the deceased. Admittedly, the deceased is labourer getting income by doing agricultural work and also as regular coolly. The deceased being aged 30 years hale and healthy can earn not less than Rs.80/- per day even as a manual labourer. Therefore, by taking into consideration the age of the deceased, the income of the deceased is fixed at Rs.80/- per day. Therefore, the monthly income of the deceased comes to Rs.2,400/- (Rs.80 X 30=Rs.2,400/-) and the annual income of the deceased comes to Rs.28,800/- (Rs.2,400/- X 12 = Rs.28,800/-). If 1/3rd of the total income is deducted towards the personal expenses, the remaining amount towards contribution to the family would come to Rs.19,200/-. Multiplier 16 is applicable to the deceased as per the guidelines laid down in Sarala Verma and others and Delhi Transport Corporation and others[1]. Therefore, taking into consideration of the right multiplier ‘16’ applicable to the deceased, the total compensation payable to the petitioners is fixed at Rs.3,07,200/-. Besides, the above said compensation, an amount of Rs.20,000/- is granted under all the heads as per the guidelines as held in the above said decision. So, in all, the total compensation amount comes to Rs.3,27,200/-. Accordingly, the C.M.A is allowed in part enhancing the amount of compensation from Rs.2,44,800/- to Rs.3,27,200/- (Rupees three lakhs twenty seven thousand and two hundred only) and the additional enhancing amount of compensation of Rs.82,400/- (Rs.3,27,200/- less Rs.2,44,800/- = Rs.82,400/-) would carry the interest @ 7% per annum from the date of petition till date of realization. No costs. _________________ K.S.APPA RAO,J Date: 08th July, 2011. Gk THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.5340 of 2008 Date: 08.07.2011 Gk. [1]( 2009) 6 SCC 121