Compensation for death in an accident must be assessed based on a reasonable estimate of deceased's income and established legal standards for conventional damages, ensuring just compensation.

ORDER :

Suddala Chalapathi Rao, J.

This MACMA is filed by the appellants/claimants challenging the Award, dt.22.10.2021, in MVOP.No.242 of 2018 passed by the Motor Accidents Claims Tribunal-cum-V Additional District & Sessions Judge Medak at Sangareddy, seeking enhancement of compensation from Rs.9,47,500/- to Rs.15,00,000/-, as sought for in the claim petition.

2. Heard Ms Nikita Goenka, learned counsel appearing for Sri R.Vinod Reddy, for the appellants, and Sri A.Ramakrishna Reddy, learned Standing Counsel appearing for the 2^nd respondent-Insurance Company. None appeared for respondent No.1.

4. For the sake of convenience, the parties will hereinafter be referred to as arrayed before the Tribunal.

5. The brief facts of the case are that, the claimants being the wife, daughter, sons, and mother of the deceased- Bapare Babu Rao, filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.15,00,000/- on account of the death of the deceased in a road accident that occurred on 20.06.2018.

6. On the fateful day, the deceased, along with his co-driver one Shiva Sharanaiah, had loaded steel pipes in a lorry bearing No.MH 25 B 9110 with Steel Pipes at Chegunta and was proceeding to Mumbai and on the way, they stopped the lorry on NH.No.65 within the limits of Kandi Village near Punjab Haryana Dhaba and at about 11.30 p.m., while the deceased, was crossing the road, after having meals, towards his parked lorry, he was hit by a Royal Enfield Motor Cycle bearing No.TS 15 EM 7255, which came from Sangareddy towards Hyderabad, in a high speed in a rash and negligent manner, as a result, the deceased fell on the road and succumbed to injuries. Immediately after the incident, the deceased was shifted to Government Hospital, Sangareddy for treatment, where he died while undergoing treatment at about 12.46 a.m.

7. The police of Sangareddy P.S., registered a case in Crime No.100 of 2018 against the rider of Royal Enfield Motor Cycle bearing No.TS 15 EM 7255 under Section 304-A IPC and upon investigation laid a charge sheet.

8. The claimants contended that prior to the accident, the deceased was hale & healthy, aged about 45 years and was working as a driver under Waseemuddin, resident of Basavakalyan, and earning Rs.20,000/- p.m, but on account of the untimely death of the deceased, the claimants lost their sole earning member and were put to great financial hardship and that the 1^st respondent being the owner of the offending motor cycle and 2^nd respondent being its insurer, are jointly and severally liable to pay compensation.

9. The Tribunal, after due enquiry and upon appreciation of the oral evidence of PWs.1 to 3 and documentary evidence vide Exs.A1 to A6, along with Ex.B1/insurance policy for the 2nd respondent, held that the accident occurred due to the rash and negligent act of the 1st respondent and as the insurance policy under Ex.B1 was in force as on the date of accident, the Tribunal fixed joint and several liability on respondents No.1 & 2 and awarded compensation of Rs.9,47,500/- with interest @ 7.5% per annum from the date of petition till the date of realization.

10. Aggrieved by the same, the claimants filed the present appeal seeking enhancement of compensation to grant just and fair compensation.

11. Learned counsel appearing for the appellants-claimants contended that though the Tribunal rightly held that the accident occurred due to the rash and negligent act of 1^st respondent and fixed joint and severa