1. This appeal is directed against the order dated 10-5-2002 in O.P.No. 1190 of 2000 on the file of the Chairman Motor Accidents Claims Tribunal-cum Prl. District Judge, Nalgonda wherein the claim of the appellants was allowed in part awarding compensation of Rs.4,01,600/- with interest at 9% per annum from the date of the petition.

2. The appellants filed claim application before the Tribunal seeking compensation of Rs.10,00,000/- on account of death of the deceased Samad Razvi husband of the 1st claimant and father of claimants No. 2 to 5 who died in motor vehicle accident that occurred on 14-4-2000. According to the claimants on the fateful day of the accident the deceased and his friend were going for morning walk at Deverkonda-Nalgonda Road and at that time a lorry bearing No. AP-24-T-6675 F came from behind driven in rash and negligent manner and dashed against the deceased, as a result of which the deceased died on the spot. It is further pleaded that the deceased was aged 48 years, and was working as Senior Assistant in AMR Project & Irrigation Wing Department, Nalgonda and earning Rs. 11,261/-per month.

3. 1st respondent owner of the lorry did not file any counter. 2nd respondent-insurer filed a counter before the Tribunal opposing claim denying the liability to pay the compensation.

4. The Tribunal framed the following points for consideration.

1. Whether the accident was due to rash and negligent driving by the driver of the lorry bearing No. AP-24-T-6675-F?

2. Whether the petitioners are entitled to any compensation. If so, to what amount?

3. To what relief?

5. PWs 1 to 3 were examined and Exs. A-1 to A-8 were marked. No evidence was adduced on behalf of the respondents. Ex.B-1 copy of the policy was marked.

6. On consideration of the evidence on record the Tribunal gave a finding on point No.1 that the accident occurred due to the rash and negligent driving of lorry by its driver and on point No.2 held that the claimants are entitled for compensation of Rs. 4,01,600/-. Accordingly, the award was passed for the said amount with 9% interest per annum from the date of the petition.

7. Not satisfied with the award the claimants preferred the present appeal seeking enhancement of the compensation.

8. Heard arguments of learned counsel for the appellants and learned counsel for the respondents.

9. Learned counsel for the appellants contended that the Tribunal erred in taking the salary of the deceased only at Rs.8,000/- though, according to salary certificate Ex.A-6, the take home salary of the deceased was Rs.11,261/- and thereby awarded a lesser amount towards loss of dependency.

10. Learned counsel for the respondents on the other hand contended that Ex.A-6 has not furnished the details of deductions and the net salary of the deceased and therefore, the Tribunal has rightly deducted a sum of Rs.3,000/- as per the evidence of PW-3 towards deductions and took the net salary of the deceased at Rs.8,000/- per month for the purpose of estimating the loss of dependency.

11. The finding of the Tribunal that the accident occurred due to the rash and negligent driving of the lorry by its driver is not assailed by way of appeal and the said finding has become final. The only question that arise for consideration in this appeal is whether the compensation of Rs.4,01,600/-awarded by the Tribunal needs to be enhanced.

12. According to the 1st claimant-PW-1 the deceased was working as Senior Assistant in SLBC Office in Nalgonda and was aged 48 years and was getting a salary of Rs.11,261/- per month. She filed Ex.A-6-salary certificate and also examined PW-3 Junior Assistant Pay and Accounts office, S.L.B.C. Nalgonda. PW-3 also corroborated the contents of Ex.A-6 by deposing that the deceased was drawing salary of Rs.11,261/-. In the cross-examination PW-3 admitted that total deductions from the salary of the deceased to a tune of Rs.3,200/-. But, he stated that the said deductions were towards savings. At the time of hearing th