THE HON’BLE SRI JUSTICE NOUSHAD ALI M.A. C.M.A. No.20 of 2006 JUDGMENT: This is an appeal filed by the Insurance Company assailing the Award dated 29-08-2005 in O.P.No.232 of 2003, on the file of the Motor Accident Claims Tribunal (I Additional District Judge) Ongole, whereunder the Tribunal awarded a compensation of Rs.2,54,600/- together with the interest at 7.5 % per annum in favour of the respondents 1 to 3 herein (claimants). Claimant Nos.1 and 2 are parents and Claimant No.3 is the brother of the deceased Narisetty Vijaya Bhargavi, aged 16 years, who was first year intermediate student, died in the accident on 26-06-2002. The accident was caused due to the rash and negligent driving of the vehicle bearing registration No. AP 16 X 2142 belonging to the fourth respondent herein (since died represented by respondents 5 and 6 herein). The Claim Petition was filed under the provisions of Section 166 of the Motor Vehicles Act claiming compensation of Rs.2,00,000/-. The vehicle is insured with the appellant herein. Since the owner of the vehicle remained ex parte, the appellant after obtaining permission under Section 170 of the Act, contested the matter. The Tribunal on a consideration of the evidence adduced, recorded a finding that the accident was caused due to the rash and negligent driving of the vehicle. The appellant does not contest this issue in this appeal. The Tribunal awarded a compensation of Rs.2,54,600/-, although the claim was for Rs.2,00,000/- only. Sri N.Mohan Krishna, the learned counsel for the appellant, contends that the deceased was a non-earning member and as such the Tribunal could not have taken notional income at the rate of Rs.80/- per day and the compensation determined on that basis is not sustainable. The learned counsel submits that the compensation awarded is on a higher side and is therefore liable to be interfered with. It is not in dispute that the deceased was studying first year intermediate at the time of the accident. The deceased had the prospects in life had she been alive. In the case of students who are non-earning members as observed by the Courts in similar matters, compensation has to be fixed on notional income of such persons. In the instant case the Tribunal notionally fixed the income at Rs.80/- per day and after deducting 1/3rd towards personal expenses, estimated the loss at Rs.1,600/- per month. Admittedly, multiplier ‘13’ adopted by the Tribunal is not in dispute. On such basis, the Tribunal awarded Rs.2,49,600/- towards pecuniary damages, which cannot be said to be on the higher side. The amounts of Rs.2,500/- each awarded towards funeral expenses and loss of estate are not disputed in this appeal. The learned counsel contends that the Tribunal should not have awarded Rs.2,49,600/- more than Rs.2,00,000/- claimed by the claimants. In this regard, the Tribunal followed the judgment of this Court reported in Branch Manager, Oriental Insurance Fire and General Insurance Co. Ltd., Hyderabad Vs. Dr.C.Chandra Obula Redy and Others (2004 (4) ALD 883 (DB)) and awarded more compensation than sought for by the claimants. In the circumstances of this case, I am of the view that the compensation awarded by the Tribunal is just and reasonable and does not require any interference. The Appeal is accordingly dismissed. There shall be no order as to costs. _________________ NOUSHAD ALI, J. 18th June, 2010. skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI M.A. C.M.A. No.20 of 2006 Date 18-06-2010 Between : Divisional Manager, National Insurance Company Limited, Ongole (Cover Note No.HRO 150018, valid from 26-02-2002 to 25-02-2003) .. Appellant And Narisetty Markandeyulu and others .. Respondents