Chandaluri Bajji , Bujjamma, v. V. Narayana Rao,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.35 of 2010 JUDGMENT:

The claimants are five in number, no other than wife, minor children and mother of the deceased-Chennaiah, aged about 32 years as per Ex.A3-Post Mortem report and the claim maintained under Section 163-A of the Motor Vehicles Act (for short 'the Act'), for a compensation of Rs.6,00,000/ -against the owner of the auto rickshaw bearing No.27 X 0166 and its insurer as respondents 1 and 2, on contest since awarded by the tribunal of compensation of Rs.3,45,500/ - with interest at 6% p.a. vide award dated 08.09.2009 in M.V.O.P.No.452 of 2008, maintained the appeal, impugning the said quantum as utterly low. 2.

Heard the learned counsel for the appellants/ claimants and the learned counsel for the insurer/ 2nd respondent. Though the 1st respondent served failed to attend and perused the material on record.

3.

The claim maintained and findings given under Section 163-A of the Act are not in dispute. Once such is the case, so far as the deceased as washer man by avocation, what the tribunal taken of Rs.3,000/ -p.m. as his earnings on the date of accident on 23.06.2008, no way requires interference even from the expression of the Apex Court in Kishan Gopal Vs Lala1 guide lines. Now, so far as personal expenses deduction concerned, as 1 2014(1)SCC-244)

Dr.SSRBJ MACMA.No.35 of 2010 per Schedule-II of the Act, for the claim under Section 163-A, it is 1/ 3rd and not from the dependants even more than two increases. The multiplier to be taken as per Schedule-II is '17' and not '14', as taken by the tribunal and what the interest awarded of 6% to be enhanced to 7.5% p.a. is reasonable, as laid down by the Apex Court in TN Transport Corporation v. Raja Priya2.

4.

Having regard to the above, the compensation as per Schedule-II of the Act is calculated, it comes to Rs.4,08,000/ - (3,000/ - x 12 = 36,000/ - p.a. If 1/ 3rd is deducted towards personal expenses of the deceased it comes to Rs.24,000/ - x 17 (multiplier)). Apart from it, the claimants are entitled to Rs.9,500/ - towards funeral expenses, loss of estate and loss of consortium. Thus, in total, the compensation comes to Rs.4,17,500/ -.

5.

Accordingly and in the result, the appeal is partly allowed by enhancing the compensation from Rs.3,45,500/ - to Rs.4,17,500/ - with interest at 7.5% p.a. from the date of petition till realization. There is no order as to costs. 6.

Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

___________________________ Dr. B. SIVA SANKARA RAO, J Date:19.10.2016 pab 2 (2005) 6 SCC 236