THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2014 of 2011 JUDGMENT: The appeal is filed by the Andhra Pradesh State Road Transport Corporation (for short “APSRTC”) questioning the quantum of compensation granted in the order dated 13.04.2005 in M.V.O.P.No.1111 of 2002. The claim was made for a compensation of Rs.4,00,000/- consequent on the death of the deceased, who is the son of the petitioner and unmarried in a motor accident due to rash and negligent driving of the appellant’s bus by its driver. The appellant herein contended that the incident was due to the fault of the deceased himself and there is no rashness or negligence on the part of the driver of the bus. However, after considering the material on record, the lower Tribunal found that the incident was due to fault of the driver of the bus. I do not find any reason to differ with the finding of the lower Tribunal in view of the evidence of P.W.3 and Exs.A-1 to A-4. The learned counsel for the appellant further contends that the deceased was a bachelor and the petitioner is only mother depending on him and the lower Tribunal has taken the earning capacity of the deceased at Rs.2,100/- and deducted one-third towards personal expenses, which is not in accordance with the settled principles of law and, therefore, the order of the lower Tribunal has to be interfered. Evidently, the deceased being a bachelor, only half of the earnings have to be deducted towards his personal expenses and consequently the contribution to the family comes to Rs.1,050/- and the yearly contribution comes to Rs.12,600/-. In view of the fact that the deceased was a bachelor, the age of the mother has to be taken into consideration and as per the description in the cause title of the petition, she is said to be aged 53 years and in view of the judgment of the Supreme Court in the case of SARLA VERMA (SMT) AND OTHERS vs. DELHI TRANSPORT CORPORATION AND ANOTHER[1], the multiplier that has to be applied is ‘11’. Therefore, the total dependency comes to Rs.1,38,600/- (Rs.12,600/- X 11). The lower Tribunal has granted a sum of Rs.15,000/- towards loss of estate, which also appears to be on a higher side and it is confined to a sum of Rs.10,000/- as the petitioner alone was the dependant. The total compensation for which the petitioner will be entitled is Rs.1,48,600/- rounded off to Rs.1,50,000/- with interest at 7.5% per annum from the date of petition to the date of realization, instead of 9% as granted by the lower Tribunal. Accordingly, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 26-08-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2014 of 2011 DATE: 26-08-2011 MR [1] (2009) 6 Supreme Court Cases 121