IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD FRIDAY, THE THIRTIETH (30TH) DAY OF OCTOBER, TWO THOUSAND, NINE. Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.967 of 1995 Between: Palakodeti Lakshman & another … Appellants And: Balaji & 2 others … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.967 of 1995 JUDGMENT: This appeal is directed against the order dated 07.04.1995 in OP No.140 of 1991 on the file of the Motor Accidents Claims Tribunal cum Additional Chief Judge, City Civil Courts, Hyderabad, wherein, the claim of the appellants was allowed in part awarding compensation of Rs.1,59,500/- with interest at 12% per annum from the date of petition. 2. Heard the learned counsel for the appellant and the learned counsel for the third respondent. Perused the record. 3. The appellants filed claim application seeking compensation of Rs.7,00,000/- for the death of the deceased P.Muralikrishna, who is the only son of the claimants, who died in a motor vehicle accident that took place on 06.08.1990. According to the claimants, on that day at about 7 a.m. the deceased went to his friend’s house on TVS XL AEX 7347 and when he reached near DMRL road, Hyderabad, a lorry bearing No.AAT 9495 came in the opposite direction, overtook a jeep, went to its extreme right in a rash and negligent manner and dashed against the deceased, resulting his death on the spot. It is further pleaded that the deceased was the only son of the claimants and he was bright student, having secured rank of 944 in EMCET examination and was expecting admission in professional College. 4. The respondents 1 and 2 remained exparte. The 3rd respondent-insurer filed counter opposing the claim and denying their liability. 5. During the trail, PWs.1 and 2 were examined and Exs.A.1 to A.10 were marked on behalf of the claimants. No oral or documentary evidence was adduced by the 3rd respondent-insurer. 6. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the lorry bearing No.AAT 9495 by its driver. It was further held that the claimants are entitled for a total compensation of Rs.1,59,500/- with interest at 12% per annum from the date of petition. Not satisfied with the award, the present appeal is filed by the claimants seeking enhancement. 7. The finding of the Tribunal that the accident occurred due to the rash and negligent driving by its driver and that the owner and insurer are jointly and severally liable to pay the compensation is not challenged, as such, the said findings have become final. The only point that arise for consideration is whether the claimants are entitled for enhancement of the compensation, if so, to what extent? 8. The deceased was a student and the claimants are his parents. It is not disputed that the deceased appeared EAMCET examination and secured rank of 944 and was expecting admission in a professional college. The Tribunal while estimating the loss of future earnings has taken the amount of Rs.2500/- per month but however deducted 2/3rds thereof towards the personal expenses of the deceased that might have been spent for his family if he would have been married and the parents would get 1/3rd. As rightly contended by the learned counsel for the appellants, the said deduction of 2/3rds appears to be rather than on higher side and it is considered just and proper to deduct 50% thereof towards the expenses of the deceased towards expenses of his family in the event of his marriage and the contribution to his parents is therefore be reasonably estimated at Rs.1250/- per month, which comes to Rs.15,000/- per annum. It is not disputed that the mother of the deceased-2nd claimant was aged 48 years and the relevant multiplier as per the Bhagavandas’s case (1987(2) ALT 137) is 9 for the age of the deceased, which is applied by the Tribunal. Applying the said multiplier, the loss of dependency works out to [Rs.15,000/- x 9] Rs.1,35,000/-. The Tribunal awarded a sum of Rs.20,000/- towards future prospects of the deceased, who was shown to be a bright student and a sum of Rs.1,000/- towards loss of articles and Rs.500/- towards clothing. There is no dispute with regard to the above said amounts. The Tribunal also awarded a sum of Rs.15,000/- each to the claimants towards loss of love and affection. Having regard to the fact that the deceased was only son of the claimants, it is considered that the said amount of Rs.30,000/- awarded by the Tribunal towards loss of love and affection is just and reasonable. 9. In the circumstances, it is held that the claimants are entitled for a total compensation of Rs.1,86,500/-. The appellants/claimants are also entitled for interest at 9% per annum on the enhanced amount from today. 10. In the result, the appeal is allowed in part as stated above. No order as to costs. _______________________ G.V.SEETHAPATHY, J Date: 30.10.2009 bss