THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.NO.1811 OF 2003 DATED: 05-11-2011. BETWEEN: UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE XI, MALAKPET, HYDERABAD REP. BY ITS DIVISIONAL MANAGER .. APPELLANT AND SAPAVATH KOTYA .. RESPONDENT THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.NO.1811 OF 2003 JUDGMENT : The 1st respondent filed O.P.No.851 of 2000 before the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-I Additional District Judge, Ranga Reddy District, at L.B.Nagar, Hyderabad, claiming a sum of Rs.2,00,000/- on account of the death of his mother-Sapavath Komti. On 5.9.1999 at 1.45 p.m., while the deceased was travelling with one bag of rice in a lorry bearing No.APM 6067, owned by the 2nd respondent and insured with the appellant, from Mall to Mallepally, the vehicle turned turtle at Vinjamoor and the mother of the 1st respondent died on the spot due to the grievous injuries. The age of the deceased was stated to be 52 years and it was pleaded that she was earning nearly Rs.3,000/- per month. The 2nd respondent remained ex parte and the O.P. was opposed by the appellant alone. The facts pleaded by the 1st respondent were denied in the counter. Through its order dated 22.4.2002, the Tribunal awarded a sum of Rs.60,000/- as compensation with interest at 9 per cent per annum from the date of the petition till the date of realisation. The same is challenged in this appeal. Heard learned counsel for the appellant and learned counsel for the 1st respondent. Though the appellant disputed the occurrence of the accident and other facts pleaded by the 1st respondent, on the basis of the evidence before it comprising of the deposition of P.Ws.1 and 2, documents marked as Exs.A1 to A5 and Ex.B.1, the Tribunal held that the death of the deceased was on account of rash and negligent driving on the part of driver. The appellant is not able to demonstrate that the finding of the Tribunal in that behalf is erroneous. Coming to the quantum of compensation, the Tribunal took up earnings of the deceased as Rs.50/- per day, as against the claim of the 1st respondent at Rs.3,000/- per month. The age of the deceased was also taken as 60 years though the 1st respondent pleaded the age at 52 years. In all, the Tribunal awarded a sum of Rs.60,000/-. If one applies the multiplier to the minimum income and other amounts stipulated under Schedule II, a higher amount is payable as compensation. The 1st respondent did not file any appeal or cross-objections. This appeal is accordingly dismissed. There shall be no order as to costs. Dt: 05-11-2011. ( L.NARASIMHA REDDY, J ) tnb THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.NO.1811 OF 2003 DATED: 05-11-2011. TNB