HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.2029 OF 2011 JUDGMENT: The appeal is filed by the petitioners in M.V.O.P.No.600 of 2002 on the file of Motor Accidents Claims Tribunal-cum-Principal District Judge, Kurnool, questioning the quantum of compensation. 2. According to the case of the petitioners, the deceased was working as Hamali. On 13.06.2002 when the deceased along with his co-hamalies, was proceeding from Factory after completion of his work, at about 8.30 P.M., the lorry bearing No.AP 13 T 8992 being driven by its driver in a rash and negligent manner and dashed against them. As a result of which, deceased died along with three others. The deceased was said to be earning Rs.3,000/- per month and was aged about ‘33’ years. Petitioners Nos.1 and 2 are said to be the parents, petitioner No.3 is wife and petitioners Nos.4 to 6 are said to be the children of the deceased and they are dependants on him. Hence, claimed compensation of Rs.3,00,000/-. The 1st respondent is owner and the 2nd respondent is Insurance-Company and they are jointly and severally liable to pay the compensation. The 1st respondent remained ex parte. The 2nd respondent filed a counter denying the averments in the petition and putting the petitioners to strict proof of the rashness and negligence on the part of the driver of the vehicle; nature of the injuries and cause of death of the deceased. After considering the evidence on record, the lower Tribunal has fixed the income of the deceased at Rs.50/- per day accepting the cause of death of the deceased due to the rash and negligent driving of the lorry by its driver and granted compensation of Rs.2,37,500/-. The lower Tribunal has also applied the multiplier by taking into consideration the Second Schedule of 163(A) of the Motor Vehicles Act. 3. The learned counsel for the appellants contends that the fixation of the income by the lower Tribunal is very low and the earning capacity of a Coolie itself is about Rs.1,500/- per month and the deceased being Hamali he will have more earning capacity and therefore, the income fixed by the lower Tribunal is on a lower side. According to him, the lower Tribunal also has deducted 1/3rd from the income of the deceased though there are number of dependants. Taking into consideration the above pleas of the petitioners, I feel the ends of justice would meet if the compensation is enhanced to Rs.2,60,000/-. I do not find any reason to reduce the rate of interest as pleaded by the counsel for the Insurance Company. Accordingly, the M.A.C.M.A. is allowed. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:15.09.2011 INL