THE HON’BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.1161 of 2006 JUDGMENT: The appellants-claimants who are the wife, children and father of the deceased-Areef Hussain, who died in a motor vehicle accident that occurred on 27.12.2003, not being satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal-cum-I Additional District Judge, Kurnool, (for brevity ‘the Tribunal) in M.V.O.P.No.697 of 2004, by the order, dated 27.02.2006, whereunder a sum of Rs.2,14,000/- was awarded as compensation, filed the present appeal seeking to enhance the compensation awarded by the Tribunal. The facts of the case shorn of unnecessary details necessary for disposal of the present appeal are that on 26.12.2003, the deceased along with his brother boarded the APSRTC bus bearing No.AP-11-Z-2783 at Koilkuntla at about 9 pm to go to Hyderabad and while proceeding towards Hyderabad, when the bus reached Mahaboobnagar District, due to the rash and negligent driving of the bus by its driver, it went and hit the road side tree at about 4.30 am., on 27.12.2003, near HBL factory, as a result of which, the inmates of the bus including the appellant herein received injuries. Later, the deceased succumbed to the injuries while undergoing treatment in the hospital. The appellants who are the dependents of the deceased having lost the earnings of the deceased and his love and affection, filed the claim petition before the Tribunal claiming compensation of Rs.4,00,000/-. Learned counsel for the claimants contended that the Tribunal grossly erred in considering the income of the deceased at Rs.5,000/- per month by running a cycle shop and awarded compensation which is too meager and prayed to enhance the compensation awarded by the Tribunal. Per contra, the learned Standing Counsel for the respondent-Corporation contended that the Tribunal appreciated the entire evidence on record from a right perspective and as such, the impugned order does not warrant any interference by this Court. Heard both the sides. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is just and reasonable. To prove the case, on behalf of the claimants, the first claimant got herself examined as P.W-1 and two other witnesses P.Ws.2 and 3 were examined and Exs.A-1 to A-4 were marked. On behalf of the respondent, R.W-1-the driver of the offending bus was examined but no documents were marked. The Tribunal, after considering the entire evidence, both oral and documentary, on record held that the accident occurred due to the rash and negligent driving by the driver of the offending bus. The details as regards the manner of the accident etc are not gone into in this appeal as the same are not disputed. From a perusal of the material on record, it is clear that P.W-1-the wife of the deceased deposed that the deceased was running a cycle shop and was earning Rs.5,000/- per month. She also deposed that the deceased studied upto X class, but in proof of the same no documentary evidence was adduced. There are four dependants on the deceased i.e., his wife, two children and his father, therefore, definitely he must have been doing some avocation to look after the family. In such case, his income can be taken at Rs.2,500/- per month, which works out to Rs.30,000/- per annum. Out of the said amount, if 1/4th is deducted towards the personal expenses of the deceased, the remaining 3/4th can be taken as his contribution to the family, which comes to Rs.22,500/-. On applying the relevant multiplier of ‘16’ having regard to the age of the deceased at 35 years as on the date of the accident, which is mentioned in the post-mortem report, the appellants would be entitled to compensation of Rs.3,60,000/- towards loss of dependency. In addition to the said sum, they are also entitled to compensation of Rs.10,000/- towards consortium, Rs.10,000/- towards loss of estate and Rs.2,000/- towards funeral expenses, totaling to Rs.22,000/-. Accordingly, the appeal is allowed in part, awarding a total compensation of Rs.3,82,000/- to the appellants-claimants. In other words, the compensation of Rs.2,14,000/- awarded by the Tribunal is enhanced to Rs.3,82,000/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of filing of the said O.P. till the date of realization. However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 17th March 2011 dr