HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2567 OF 2002 Dated: 28.04.2010 BETWEEN: Nammi Somunaidu and others .. Appellants And K.Ramu and another .. Respondents HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2567 OF 2002 JUDGMENT: This appeal is filed by the claimants challenging the award, dated 13.08.2001 passed by the II Additional District Judge, Visakhapatnam in M.O.P.No.1989 of 1999. 2. The appellants, who are the legal representatives of the deceased Nammi Madhava and dependants on him, filed the claim petition under Section 166 of the Motor Vehicles Act for compensation of Rs.1,00,000/- on account of the death of the deceased in a motor vehicle accident occurred on 27.10.1998. 3. The deceased who was aged 25 years was a labourer working in a quarry and was earning Rs.1500/- per month. He was unmarried. The learned Tribunal accepted the income of the deceased as Rs.1500/- per month, deducted 1/3 towards his personal and living expenses and rightly selected the multiplier 15 which is relevant to the age of the mother (45 years) and arrived at the conclusion that the appellants/claimants are entitled for compensation of Rs.1,85,000/-. However, the learned Tribunal restricted the claim to Rs.1,00,000/- on the ground that the appellants/claimants claimed only the said amount and any amount more than what was claimed, in the opinion of the Tribunal shall not be granted. 4. I have heard the learned counsel appearing for the appellants and the learned counsel appearing for the second respondent- insurance company. 5. The only point for consideration in this appeal is whether the Tribunal is justified in restricting the compensation amount to the amount actually claimed in the claim petition. 6. Now it is well settled that the Court/Tribunal shall not restrict the compensation to that of the amount which is actually claimed in the claim petition and it can be more than what is claimed in the claim petition, if the said amount is just and reasonable, the object being to grant compensation which is just and reasonable and, even though it was more than the amount claimed in the claim petition. Therefore, the Tribunal went wrong in arriving at the decision that the compensation shall be restricted to the amount claimed in the claim petition and in the considered view of this Court, the Tribunal ought to have granted the amount of Rs.1,85,000/- which was rightly calculated by it. 7. In the result, the appeal is allowed. The appellants/claimants are granted for compensation of Rs.1,85,000/-. The enhanced amount of compensation shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. There shall be no order as to costs. _______________ R.KANTHA RAO,J Dated: 28.04.2010 Kvrm HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.2567 OF 2002 Dated: 28.04.2010