THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.2782 of 2003 AND CROSS-OBJECTIONS (SR).No.1538 of 2004 ORAL COMMON JUDGMENT: Heard. Challenging the quantum of compensation awarded by the Additional District Judge-cum-Motor Accident Claims Tribunal, Nizamabad (for brevity “the Tribunal”), in O.P.No.823 of 1997, granting a sum of Rs.4,78,000/- towards compensation for the death of one N.Hari Babu, in a road accident that occurred on 16.09.1997, the Oriental Insurance Company Limited, filed the present Civil Miscellaneous Appeal. The particulars of the accident i.e, the method and manner in which it occurred and the aspect of negligence etc., are not in dispute. The only question that falls for consideration in this appeal is whether the compensation arrived at by the Tribunal is just and reasonable? The deceased, undisputedly, was aged about 25 years on the date of his death and was unmarried, therefore, the Tribunal had taken into consideration the age of his mother, who was 45 years, for calculating the loss of future earnings of the deceased. As regards the income of the deceased, it was stated by P.W-1-the mother of the deceased, that the deceased was working as Store In-charge for a Sugar Factory. In the O.P., it was claimed that he was drawing Rs.8,000/- per month, whereas the employer issued a certificate that the deceased was being paid a sum of Rs.15,000/- per month. Of course, the Tribunal did not believe the version of the employer about the payment of salary to the deceased to a sum of Rs.15,000/-. There is serious doubt as regards the salary of the deceased inasmuch as there is a wide discrepancy between the claim of the claimants and the version of the employer. Admittedly, the deceased was working as a Store In- charge in a Sugar Factory. The accident occurred in the year 1997. It cannot be believed that in the year 1997, the deceased working as Store In-charge was drawing Rs.8,000/- per month, as claimed in the O.P. Even, the assessment of earnings of the deceased by the Tribunal at Rs.3,900/- per month is on higher side. In my considered view, the same can be assessed at Rs.3,000/- per month and not beyond that, particularly, under the doubtful circumstances that have been brought on record. Therefore, having regard to the age of the mother of the deceased at 45 years, if the multiplier of ‘15’ is to be applied, the loss of future earnings of the deceased works out to Rs.3,60,000/-. Apart from that, as awarded by the Tribunal, the claimants are granted Rs.5,000/- towards loss of love and affection and also Rs.5,000/- towards funeral expenses. In all, the claimants are entitled to a compensation of Rs.3,70,000/-, which shall carry interest at the rate of 9% per annum from the date of filing of the said O.P. till the date of realisation. In the result, appeal is allowed in part, to the extent indicated above, modifying the impugned order. The Cross-objections shall stand dismissed. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA 12th August 2010 dr