HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.1586 OF 2001 DATED: 15.12.2009 BETWEEN: Mohd Akthar Parveen and others .. Appellants And G.Ramesh Babu and another .. Respondents HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.1586 OF 2001 JUDGMENT: This appeal is filed against the order, dated 08.02.2001 passed by the Motor Accident Claims Tribunal-cum-Principal District Judge, Nalgonda in O.P.No.1202 of 1998. 2. The appellants are claimants before the learned Tribunal. In respect of the accident occurred on 24.05.1997 at about 11.30 PM the deceased Mohammad Chand Pasha, who is the driver of the bus bearing No.ATS 9729 died as the lorry bearing No.ABK 5449 belonging to the first respondent which was driven in a rash and negligent manner dashed the said bus at Muthyalammagudem bus stage on N.H.No.9 despite parking signals were put around the bus. All these facts have been considered to be proved by the learned Tribunal, against which there is no challenge by the opposite party and thus they have become final. 3. The appeal by the claimants is only with regard to the quantum of compensation on the ground that it is not just and reasonable and grossly inadequate. 4. I have heard the learned counsel appearing for the appellants- claimants and the learned counsel appearing for the second respondent-insurance company. 5. PW.1, wife of the deceased and PW.2-cleaner of the bus have deposed before the learned Tribunal that the deceased was the bus driver and was getting salary of Rs.2500/-per month besides batta of Rs.30/- per day. However, the learned Tribunal considered the income of the deceased to be Rs.1800/- per month, since there is no documentary evidence forthcoming relating to the same. In my opinion, since admittedly the deceased was the driver by profession, it is reasonable to fix his income as Rs.1800/- per month. From this 1/3rd has to be deducted towards personal and living expenses of the deceased and his contribution to the family comes to Rs.1200/- per month. His annual contribution comes to Rs.1200/- x 12 = 14,400/-. As per the decision in SARALA VARMA AND OTHERS v DELHI TRANSPORT CORPORATION AND ANOTHER[1] the multiplier relevant to the age of 33 years of the deceased is ‘16’. The loss of dependency thus works out to Rs.14,400/- x 16 = 2,30,400/-. This apart, as per the above decision the first appellant, who is the wife of the deceased is entitled for an amount of Rs.10,000/- towards loss of consortium and further the appellants are entitled for an amount of Rs.5,000/- towards funeral expenses and an amount of Rs.5,000/- towards loss of estate. 6. Therefore, the appellants are entitled for total compensation of Rs.2,50,400/-. The enhancement of compensation would be Rs.49,520/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. 7. With the above enhancement in the amount of compensation, the appeal is partly allowed. There shall be no order as to costs. ___________________ R.KANTHA RAO,J Dated: 15.12.2009 kvrm [1] 2009 ACJ 1298