POTLA NARASAIAH Vs. GUDURI KRISHNA REDDY
LAWS(APH)-1992-1-35
HIGH COURT OF ANDHRA PRADESH
Decided on January 22,1992

Potla Narasaiah Appellant
VERSUS
Guduri Krishna Reddy Respondents

JUDGEMENT

RADHAKRISHNA RAO, J. - (1.)THIS appeal is filed by the petitioner in O.P. No. 18/1990 on the file of the Motor Accidents Claims Tribunal (District Judge), Khammam, for enhancement of the compensation.
(2.)THE deceased in this case is aged about 23 years and due to his death, the claim has been made by his parents. The learned District Judge taking into consideration, the evidence of P.W. 2 found that there is rashness and negligence on the part of the driver of the vehicle, Further it has been found that the loss of dependency is Rs. 400/-. When once it has been found that the income is there, he ought to have applied multiplier, but however the same has not been done. But in this case, the certificate that has been produced by him appears to be an inflated one and therefore, the learned Judge has rightly doubted the certificate because no accounts have been produced. If this trend of accepting the private employment certificate is there, production of false certificates will be there. When certificate from the private company has been produced, there must be careful scrutiny and the claimants have to specify by examining the person concerned with reference to the accounts duly maintained in that connection. So, such acceptance of certificate issued by private companies or bodies by the Tribunal is bad without reference to the accounts from the concerned or material evidence in that context. In the case of public companies or the government departments, salary certificate can be taken into consideration safely, but in the case of private companies it is not so as there will be every chance of collusion in obtaining the certificate and producing a certificate for higher salary. The fixation of Rs. 400/- as loss of dependency is also on the high side. The mother is aged about 45 years. The Court feels that 10 multiplier can be applied. Even in the case of ages also, the claimant has to prove their age, but not the ages that has been mentioned in the petition which was drafted by a well-known person. So, in this case, 10 multiplier would be reasonable. Then Rs. 40,000/ would be reasonable amount of compensation and the same will be shared by both the mother and father equally with 12% per annum interest from the date of filing of the petition till the date of realization. Accordingly, the compensation is enhanced to Rs. 40,000/-.
The C.M.A., is accordingly allowed in part. No order as to costs.

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