THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL MISCELLANEOUS APPEAL No.1392 of 2004 JUDGMENT: This appeal is filed by the claimants under Section 173 of the Motor Vehicles Act, 1988 (for brevity the ‘the Act’) seeking to enhance the quantum of compensation awarded in O.P.No.1273 of 2001 on the file of the Motor Accident Claims Tribunal-cum-IV Additional Chief Judge, City Civil Court, Hyderabad (for brevity ‘the Tribunal) by the order, dated 29.12.2003, whereunder a sum of Rs.1,43,000/- was awarded as compensation for the death of one Bandari Janga Reddy (hereinafter referred to as “the deceased”) in a motor vehicle accident. The brief facts of the case are that on 26.12.2000 at about 17.30 hours when the deceased along with others was travelling in a Tata Sumo bearing No.AP-28/R-5379 from Thiruchandur to Rameshwaram side, at Eppodevendram, Moodu Kallapalem (bridge) side, one LPG Tanker lorry bearing No.KA-21/A-277 came from opposite direction in a high speed and in a rash and negligent manner and dashed against the Tata Sumo, due to which the deceased and other inmates sustained grievous injuries and subsequently, the deceased died while undergoing treatment in the hospital. Hence, the claim petition seeking compensation of Rs.5,00,000/-. Heard learned counsel for the appellants-claimants and the learned Standing Counsel for the insurer-second respondent. Learned counsel appearing for the claimants mainly contended that the assessment of the income of the deceased by the Tribunal is incorrect and that though Ex.A-10-bunch of medical bills are filed, the Tribunal did not take the same into account and awarded only a meager sum of Rs.35,000/- towards medial expenses, which is not justifiable and hence, prays to set aside the impugned order by enhancing the compensation as claimed by the claimants. The method and manner in which the accident occurred and the negligence on the part of the driver of the offending lorry in causing the accident, etc., are not in dispute and hence, the same are not dealt with in this appeal. The only point for determination in this appeal is whether the quantum of compensation awarded by the Tribunal is just and reasonable. The evidence of P.W-1-the father of the deceased goes to show that the deceased was earning Rs.5,000/- per month by working as an Electrician. But, in support of the same, neither oral nor documentary evidence was adduced on behalf of the claimants before the Tribunal. In such an event, I am of the view that taking a sum of Rs.3,000/- per month as income of the deceased would be proper. As the deceased was unmarried, 50% of it has to be deducted towards his personal expenses, after which, his contribution to the family comes to Rs.1,500/- per month, which works out to Rs.18,000/- per annum, and further, the age of his mother is taken into account for the purpose of application of multiplier. The mother of the deceased was aged about 45 years as on the date of death of the deceased, for which the corresponding multiplier is ‘14’. By applying the said multiplier, the compensation towards loss of dependency comes to Rs.2,52,000/-. Further, in the instant case, Ex.A-10-a bunch of medical bills to a tune of Rs.1,01,248/- were filed, contending that the said amount was spent towards the medicines of the deceased while he was undergoing treatment in the hospital for a period of about 35 days as an inpatient. However, the Tribunal observing that none was examined to prove the said bills, awarded only a sum of Rs.35,000/- towards treatment, hospital expenses etc. The anguish suffered by the parents of the deceased on losing their young son cannot be compensated in terms of money. The Motor Vehicles Act, in fact, being a beneficial legislation has to be applied for giving the relief, atleast monetarily, to the victims or the dependents of the deceased, who suffered as a result of the accident. Appreciating the case on hand from that angle, I am of the opinion that a sum of Rs.50,000/- can be awarded to the claimants towards medical expenses, funeral expenses, transportation charges, etc In addition to the said sum, the claimants are also entitled to Rs.10,000/- towards loss of estate. Thus, the claimants are entitled to a total compensation of Rs.3,12,000/- (Rupees Three lakhs twelve thousand only). Accordingly, the appeal is allowed in part and the claimants are entitled to a total compensation of Rs.3,12,000/- and the compensation enhanced by this Court shall carry interest at the rate of 7% 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 09th December 2010 DR