C.M.A No. 1 of 2008 · Andhra Pradesh High Court

Being aggrieved by the order and decree dated 24.10.2007 in M.O.P.No.833 of 2005 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Vizianagaram, the present appeal is filed by the petitioners. Learned counsel appearing for the appellants/petitioners mainly urged that the compensation of Rs.2,45,000/-, awarded by the Tribunal below is very meagre as notional income fixed by the Court below is without any basis and requests for enhancement of compensation. The counsel appearing for the respondent supported the judgment of the Tribunal below. Now, the point for consideration is whether the claimants are entitled for enhancement of compensation? The factum of accident was not disputed. Admittedly the deceased is aged 18 years and he was studying Intermediate at the time of accident and so he was not an earning member. The Tribunal below correctly fixed the income of the deceased as Rs.15,000/- per annum as per the II Schedule of the Motor Vehicles Act. As the deceased was a student studying Intermediate and unmarried the Tribunal below taken the multiplier ‘16’ on the basis of the age of his mother. The mother of the deceased is aged about 38 years, the Tribunal fixed the multiplier ‘16’ and granted Rs.2,40,000/- and Rs.5,000/- towards funeral expenses and Rs.2,500/- towards loss of estate. Viewed from any angle and in the totality of circumstances, the Tribunal liberally granted compensation and I see no grounds to interfere with the same. Accordingly, the appeal is dismissed. No costs. 17TH June, 2011 PNV __________________ K.S.APPA RAO,J