JUDGMENT

This appeal is preferred by the appellant–claimant challenging the order and decree dated 05.10.2015 passed in M.V.O.P. No.505 of 2013 by the III Additional District Judge-cum-Chairman, Motor Accidents Claims Tribunal, Karimnagar (for short “the Tribunal”), whereby the Tribunal granted compensation of Rs.5,66,000/- with interest @ 7.5% per annum from the date of petition till date of realization for the death of deceased-Burra Shravan in a motor vehicle accident.

2. Heard the submissions of learned counsel for both sides and perused the record.

3. The learned counsel for the appellant contended that the Tribunal erred in fixing the monthly income of the deceased at a meager Rs.3,000/- despite evidence showing he earned significantly more as a supplier in a restaurant. It is further contended that the compensation awarded by the Tribunal under the conventional heads is also meager. Thus the learned counsel prayed this Court to enhance the compensation.

4. On the other hand, the learned Standing Counsel for the respondent No.2/Corporation contended that the accident occurred due to the negligence of the deceased himself. It is further contended that in the absence of any documentary evidence regarding the employment or income of the deceased, the Tribunal was justified in adopting a notional income.

5. As seen from the material placed on record, on 06.05.2013, while the deceased was traveling on a Hero Honda motorcycle, an APS RTC bus bearing No.AP 01 Z 0002 driven in a rash and negligent manner dashed against the motorcycle, resulting in the instantaneous death of the deceased. The Tribunal, after examining PW.2 (eye-witness) and considering Ex.A.1 (F.I.R.) and Ex.A.3 (Charge Sheet), rightly concluded that the accident occurred due to the sole negligence of the driver of the offending bus.

6. So far as quantum of compensation is concerned, the Tribunal fixed the age of the deceased as 23 years and adopted the multiplier of '18'. However, the income taken at Rs.3,000/- per month is on the lower side. This Court, considering the costs of living during the relevant period, deems it appropriate to fix the monthly income of the deceased at Rs.5,000/-. By adding 40% towards future prospects as per the decision of the Hon’ble Apex Court in National Insurance Co. Ltd. v. Pranay Sethi, 1(2017) 16 SCC 680, the monthly income comes to Rs.7,000/- (Rs.5,000 + Rs.2,000). Deducting 50% towards personal expenses (as the deceased was a bachelor), the monthly contribution to the family is Rs.3,500/-. Thus, the loss of dependency comes to Rs.7,56,000/- (Rs.3500 x 12 x 18). Further, having regard to the law laid down in Pranay Sethi’s case (supra), the appellant–claimant is entitled to Rs.91,000/- (Rs.70,000/- with 10% enhancement) under the conventional heads. The amount of Rs.5,000/- awarded under the head transportation can be maintained. Thus, the total compensation payable to the appellant-claimant is re-assessed at Rs.8,52,000/- (Rs.7,56,000 + Rs.91,000 + Rs.5,000).

7. In the result, this appeal is partly allowed and the compensation awarded by the Tribunal is enhanced from Rs.5,66,000/- to Rs.8,52,000/- with interest at 7.5% per annum from the date of petition till realization. Respondent No.2–Corporation is directed to deposit the entire compensation amount, along with interest accrued thereon, within a period of two (02) months from the date of receipt of a copy of this judgment. The remaining terms and conditions imposed by the Tribunal shall stand unaltered. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in this appeal shall stand closed.